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Home My WebLink About(1977, 08/08) - K-3 - Amended - partial—� K-3 IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT I. INTENT. The intent of this policy statement is to protect the environment of the City of Newport Beach, to comply with the California Environmental Quality Act (CEQA), and to implement the basic principles, objectives, and criteria contained in the State Guidelines adopted by the Secretary for. Resources pursuant to the provisions of the California Environmental Quality "Act, as amended. II. DEFINITIONS. As used in this policy statement, the following definitions shall apply: A. California Environmental Quality Act (CEQA) means Public Resources Code, Sections 21000 through 21174, as amended by Chapter 1154 of the Statutes of 1972 (AB 889). B. State Guidelines means the "Guidelines for Implementation of the CEQA of 1970", adopted by'the Secretary for Resources, February 3, 1973. C. Environmental Impact Report (EIR) means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of the CEQA. D. All definitions contained in the CEQA and the State Guidelines shall 'apply 'to this policy statement. III. GENERAL POLICIES. The following general policies shall apply: A. The City, in implementing the requirements of the CEQA, shall, wherever possible, integrate these procedures into the existing planning and review procedures of the City. B. In reviewing and assessing environmental impacts, the City shall be guided by the adopted General Plan Policies and the elements of the General Plan. Specifically, the City shall be guided by the overall policy of the General Plan Policies: "IN PLANNING FOR THE FUTURE OF THE COMMUNITY, it shall be the basic underlying goal of the City of Newport Beach to protect and enhance the City's special charm and character; its unique natural and man-made physical environment; its attractive visual environment, and the wide range of social, economic, cultural, educational and recreational opportunities which have contributed to the high quality of life enjoyed by its citizens." K-3 IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT -- Page 2 C. The City fully supports and agrees with the concepts contained in Sections 15012 and 15013 of the State Guidelines: "15012. Informational Document. An Environmental Impact Report is an informational document which, when fully prepared in accordance with the CEQA and these Guidelines, will inform public decision -makers and the general public of the environmental effects of projects they propose to carry out or approve. The EIR process is intended to enable public agencies to evaluate a project to determine whether it may have a significant effect on the environment, examine and institute methods of reducing adverse impacts, and consider alternatives to.the project as proposed. These things must be done prior to approval or dis- approval of the project. An EIR may not be used as an instrument to rationalize approval of a project, nor do indications of adverse impact, as enunciated in an EIR, require that a project be disapproved -- public agencies retain existing authority to balance environmental objectives with economic and social objectives. "15013. Early Preparation. An EIR is a useful planning tool to enable environmental constraints, and opportunities to be considered before project plans are finalized. EIR's should be prepared as early in the planning process as possible to enable environmental considerations to influence project program or design." IV. APPLICATION. A. GENERAL. This policy statement and the requirements of the CEQA shall apply to any discretionary project which is not categorically exempt and which may have a significant environ- mental impact. This policy statement and the CEQA shall not apply to activities which are not defined as projects; projects which are ministerial in nature except those ministerial projects which are subject to City Council review pursuant to Section IV,B,3; projects which are categorically exempt; and projects which clearly have no possible environmental impact. B. DETERMINING APPLICABILITY. The following definitions and criteria shall be used in determining the applicability of this policy statement to any specific activity: 1. Definition of Project. The definition of project contained in Section 15037 of the State Guidelines shall be used. K-3 IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT -- Page 3 "15037. Project. (a) Project means the whole of an action, resulting in physical impact on the environment, directly or ultimately, that is any of the following: (1) an activity directly undertaken by any public agency including but not limited to public works construction and related activites, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption of local,General Plans or elements thereof. (2) an activity undertaken by a person which is supported in whole or in part through public agency con- tracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. (3) an activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies." 2. Ministerial Projects. Ministerial projects shall include but not be limited to the issuance of building permits or business licenses; the approval of final subdivision maps; and the approval of individual utility service connections and disconnections. All other projects shall be evaluated on a case-by-case basis. 3. Ministerial Projects Subject to City Council Review. The City staff shall report to the City Council at any regular Study Session, evening meeting or joint City Council and Planning Commission meeting, any unusual condition or circumstance concerning community development or environ- mental impact which has been discovered in conducting the City's affairs. The following are examples of such actions: (a) Any building permit application or other ministerial action which is determined to have a potential significant impact on the environment; K-3 8/9/77 IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT -- Page 4 (b) A building permit application which requires an excavation below known water tables; (c) Entering into discussions concerning any project which is unusual because of size, mass, location. or function; (d) Discovery of any unusual erosion or area slippage condition; (e) Discovery of any new threat to the public health, safety, and welfare such as seepage which could become severe, new or significantly increased noxious odors, noise sources, drainage problems, or air pollution; (f) Any existing environmental nuisance which is likely to.become aggravated because of some other condition * or proposed action. 4. Categorical Exemptions. The various classes of categorical exemptions contained in Sections 15101 through 15112 of the State Guidelines shall apply to this policy statement. Section 15114, "Exemption by Location," shall also apply, particularly for the protection of the shoreline, bluffs, views and other sensitive environmental resources. 5. No Possible Significant Effect. All discretionary projects which are not covered by 4 above shall be evaluated in terms of the criteria contained in Section V, "Determining Significant Effect." Where it can be determined with cer- tainty that the project in question will not have a significant effect on the environment, this policy statement does not apply. V. DETERMINING SIGNIFICANT EFFECT. In determining whether or not a project may have a significant impact, the City will generally follow Sections 15081 and 15082 of the State Guidelines. These sections contain both examples of impacts which may be considered significant and a list of impacts which must be considered signifi- cant. In addition to the impacts contained in Sections 15081 and 15082, the following shall be considered in determining whether or not a project may have a significant impact, in view of the particular character and beauty of Newport Beach: *Amended - August 8, 1977 (deletion)