17.35.060 Application for HLIT permit.
The following are submittal requirements for projects that are not exempt from this chapter:
A. General Submittal Requirements. The following are general submittal requirements for all HLIT permits:
1. Submit a completed application form to the City of Chula Vista Development Services Department.
2. Provide copies of a biological survey for the entire project area that is consistent with the MSCP implementation guidelines and prepared by a biologist. If the biological surveys are conducted outside the acceptable time of year for identifying covered narrow endemic species, but the biologist identifies indicators that narrow endemic species could be present in the project area, then surveys for narrow endemic species must be conducted during the acceptable time of year in accordance with the MSCP implementation guidelines and must be conducted prior to consideration of issuance of an HLIT permit by the City. The HLIT permit application will be held in abeyance until the applicant submits subsequent surveys for narrow endemic species conducted during the acceptable time of year.
3. For project areas located in 100 percent conservation areas, 75 to 100 percent conservation areas, development areas outside of covered projects with indicators or the presence of narrow endemic species or wetlands, or as otherwise deemed necessary by the biological survey as determined by the Director of Development Services, or designee, the applicant shall prepare and submit an opportunities and constraints analysis to evaluate the proposed development and its relationship to the sensitive biological resources. The opportunities and constraints identified shall be used to determine the portions of the project area that are most suitable for development and those that should be conserved for biological purposes. The opportunities and constraints analysis shall include:
a. Written evaluation of such factors as biological resources, sensitive biological resources, historical resources, visual resources, public facilities needs, public safety issues, conserved sensitive biological resources on adjacent lands, and adjacent land uses;
b. For project areas in 75 to 100 percent conservation areas, written description of how the proposed project has been limited to the least environmentally sensitive portions of the mapped 75 to 100 percent conservation area within the project area in accordance with the MSCP implementation guidelines;
c. For project areas containing the siting of proposed planned or future facilities in 100 percent conservation areas and 75 to 100 percent conservation areas, a written analysis that demonstrates to the satisfaction of the decisionmaker that the facilities siting criteria in CVMC 17.35.100(A)(4)(c) have been met;
d. Map of the project area at a suitable scale, which includes and clearly delineates, to the satisfaction of the Director of Development Services, or designee, the following information:
i. Identification of sensitive biological resources;
ii. Limits of proposed development, including areas to be impacted on a temporary basis, if sensitive biological resources are avoided;
iii. Limits of the proposed development, including areas to be impacted on a temporary basis, if sensitive biological resources are impacted; and
iv. Limits of any mitigation area(s) proposed within the project area;
e. Written description of proposed mitigation, including:
i. How biological values of the mitigation area are equal to or greater than the impacted area;
ii. Biological and open space easement or other legal method proposed to ensure permanent conservation of the land for biological purposes;
iii. Long-term methods to ensure protection and management of the habitats and covered species, which may include but not be limited to funding; and
iv. Long-term biological viability of the proposed mitigation if it is not within or immediately adjacent to a 100 percent conservation area.
4. Any other requirements deemed necessary by the Director of Development Services, or designee, for consideration of the proposed HLIT permit application.
5. Payment of applicable fees and/or deposits in accordance with the City’s master fee schedule.
B. Additional Submittal Requirements for Project Areas That Contain Any Covered Narrow Endemic Species.
1. In addition to the submittal requirements listed in subsection (A) of this section, the following written information shall be provided by the applicant when the biological survey identifies any narrow endemic species within the project area:
a. A graphic depiction of all covered narrow endemic species located in the project area;
b. A written biological description of the status of the covered narrow endemic species;
c. Quantification of both preservation of narrow endemic species and impacts to narrow endemic species associated with the project including direct and indirect effects on an area and individual plant basis;
d. Written report of the feasibility or infeasibility of total avoidance of narrow endemic species’ population(s);
e. Written description of project design features that reduce indirect effects such as edge treatments, landscaping, elevation differences, minimization and/or compensation through restoration or enhancement;
f. Any other requirements deemed necessary by the Director of Development Services, or designee, for consideration of the proposed HLIT permit application.
2. When the applicant proposes to impact any narrow endemic species population within the project area in excess of the five percent threshold in 100 percent conservation areas, as identified in Section 5.2.3.4 of the Chula Vista MSCP subarea plan, and the 20 percent threshold in 75 to 100 percent conservation areas and development areas outside of covered projects, as identified in Sections 5.2.3.5 and 5.2.3.3, respectively, of the Chula Vista MSCP subarea plan, the applicant shall submit a written analysis that demonstrates the project would result in an overall preserve design and configuration biologically superior to that which would occur under a project alternative within the five percent or 20 percent threshold. The applicant shall submit to the City a written analysis addressing the following factors that demonstrates to the satisfaction of the City the proposed project is the biologically superior alternative:
a. Effects on conserved habitats;
b. Effects on covered species;
c. Effects on habitat linkages and function of preserve areas;
d. Effects on preserve configuration and management;
e. Effects on ecotones or other conditions affecting species diversity; and
f. Effects on listed noncovered species or other species of concern not covered by the Chula Vista MSCP subarea plan.
C. Additional Submittal Requirements for Project Areas That Contain Wetlands.
1. In addition to the submittal requirements listed in subsections (A) and (B) of this section, as applicable, the following written information shall be provided by the applicant when the biological survey identifies wetlands within the project area:
a. A graphic depiction of all wetlands located in the project area;
b. A written biological description of the status of the wetlands;
c. Quantification of proposed impacts to wetlands associated with the project;
d. Written analysis of the inability to avoid impacts to wetlands;
e. Written description of project design features that minimize impacts to wetlands;
f. Any other requirements deemed necessary by the Director of Development Services, or designee, for consideration of the proposed HLIT permit application. (Ord. 3544 § 1, 2023; Ord. 3004 § 1, 2005).