HomeMy WebLinkAbout(2015, 05/12) - K-3 - AmendedK-3
IMPLEMENTATION PROCEDURES FOR THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
A. 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 Guidelines adopted by the Secretary for Resources pursuant to
the provisions of CEQA, as amended.
These implementation procedures are intended to satisfy the requirements of
Section 15022 of the CEQA Guidelines, and are designed to be used in
conjunction with the CEQA statutes and Guidelines. In the event that any
provision of this policy is found to be inconsistent with CEQA, the Guidelines or
case law, this policy shall be revised to comply with applicable law.
B. Definitions.
As used in this policy statement, the following definitions shall apply:
1. California Environmental Quality Act (CEQA) means Public Resources Code,
Sections 21000 et seq., as amended.
2. CEQA Guidelines means the "Guidelines for Implementation of the
California Environmental Quality Act", prepared by the Secretary for
Resources.
3. Community Development Director means the Community Development
Director for the City of Newport Beach or his/her designee.
4. Decision Making-Body or Review Authority means the officer or body that
has the authority to review and approve a project or application under
Title 20 of the Newport Beach Municipal Code, including, but not limited
to, the Community Development Director, Zoning Administrator, Hearing
Officer, Planning Commission, or City Council.
5. All definitions contained in CEQA and the Guidelines shall also apply to
this policy statement.
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C. General Policies.
The following general policies shall apply:
1. The City, in implementing the requirements of CEQA, shall, wherever
possible, integrate these procedures into the existing planning and review
procedures of the City.
2. In reviewing and assessing the significance of environmental impacts, the
City shall be guided by the adopted General Plan policies and standards.
D. Environmental Determinations.
1. Activities Not Subject to CEQA.
This policy statement shall apply only to activities that are subject to
CEQA. Activities that are not "Projects" as defined in Guidelines Section
15378, and activities that are "Ministerial" as defined in Guidelines Section
15369 are not subject to CEQA or this policy statement.
Examples of City activities that are not normally subject to CEQA include
but are not limited to, the following:
Business licenses
Parking permits
Sign permits
Demolition permits
Grading permits
Building permits
Final subdivision maps
Certificates of use and occupancy
Coastal Commission Approvals in Concept
Exceptions. There may be instances where unusual circumstances cause
one of these activities to be considered a discretionary action subject to
CEQA. Examples include, but are not limited to, the following:
a. Any building permit or grading permit application or other action
which is normally considered ministerial but due to special
circumstances is determined to have the potential to cause a
significant effect on the environment. Examples may include the
following:
Work in an area of unusual erosion potential or ground
instability
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Work affecting scenic or sensitive biological resources
An activity that may generate substantial public health
impacts, such as noise, odors, or toxic materials
b. Any building or grading permit in a sensitive area for which no
prior CEQA review has occurred and no discretionary permit (e.g.,
use permit, site plan review) is required.
Determination. The Review Authority charged with reviewing a project
or application under Title 20 of the Newport Beach Municipal Code shall
have the authority to determine whether an activity is subject to CEQA.
Action by the Decision-Making Body. No findings or discussion of CEQA
compliance shall be required for activities that the Review Authority has
determined not to be subject to CEQA.
2. Projects that are Exempt from CEQA.
CEQA and the Guidelines provide that the following types of projects are
exempt from the requirement to prepare an Initial Study unless there are
special circumstances that could result in significant environmental
effects.
a. Statutory Exemptions. Activities that qualify for a statutory
exemption as provided under Sections 15260 et seq. of the
Guidelines do not require further environmental review.
b. Categorical Exemptions. The various classes of categorical
exemptions are contained in Sections 15300 et seq. of the Guidelines.
The discussion of exceptions contained in Section 15300.2 shall
apply particularly to projects and activities that would affect the
shoreline, bluffs, wetlands, public views and other sensitive
environmental resources. The Review Authority shall have the
authority to interpret the applicability of Categorical Exemptions to
particular projects, including City-sponsored activities (e.g., Zoning
Code amendments, assessment districts, construction and
maintenance of utilities) and privately-initiated applications.
c. "General Rule" Exemptions. During the preliminary review of an
application, each discretionary project that is not covered under a
statutory or categorical exemption shall be evaluated to determine
whether it qualifies for an exemption under the general rule
contained in Section 15061(b)(3) of the Guidelines, which states,
"Where it can be seen with certainty that there is no possibility that
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the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA." The Guidelines
further encourage agencies to adopt a list of project types that
would qualify for the general rule exemption. Project types which
qualify for this exemption include, but are not limited to:
i. Minor changes to the Municipal Code which do not
authorize physical development.
ii. Minor changes to public infrastructure such as installing
trees; replacing or upgrading streetlights, traffic signals, etc.;
and other public improvements of a minor nature.
iii. Administrative City actions such as budget amendments,
professional services agreements, etc. which do not involve
projects which affect the physical environment.
Determination. The Review Authority charged with reviewing a project
or application under Title 20 of the Newport Beach Municipal Code shall
have the authority to determine the applicability of exemptions for all
public and privately initiated projects.
Action by the Decision-Making Body. Prior to approval of any project
that is exempt from CEQA, such a finding shall be affirmed by the
Decision-Making Body.
Notice of Exemption. After approval of a project that was found to be
exempt, the Community Development Director may prepare and file a
Notice of Exemption as provided under Section 15062 of the Guidelines.
3. Initial Studies.
If a project is subject to CEQA and is not exempt under one of the
provisions listed under Section D.2, the Review Authority shall conduct
an Initial Study according to the requirements contained in Section 15063
of the Guidelines. Where it is determined that consultant assistance is
required to complete the Initial Study, the procedural requirements
contained in Section E shall apply.
Applicant's Responsibilities. The applicant shall submit all information
determined by the Review Authority to be necessary for the preparation
of the Initial Study. In addition, when consultant assistance is required
the applicant shall be responsible for all costs as provided under Sections
E and F.
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Determining Significant Effects. In determining whether a project may
have a significant effect the City will generally follow the guidance
contained in Section 15064 and Appendix G of the Guidelines. In
addition, the following shall be considered in determining whether a
project may have a significant impact, in view of the particular character
and beauty of Newport Beach:
a. A substantial change in the character of an area by a difference in
use, size or configuration is created.
b. Substantial grading, excavating or other alteration to the natural
topography.
c. Substantial alteration of the shoreline or waters of the bay or ocean
either directly or indirectly.
Determination. On the basis of the information and analysis contained in
the Initial Study, the Review Authority shall determine whether a
Negative Declaration or EIR should be prepared, as provided by Section
15063(b) of the Guidelines.
4. Negative Declarations.
As provided in Section 15070 of the Guidelines, the Review Authority
shall prepare a proposed Negative Declaration for a project subject to
CEQA when either:
a. The Initial Study shows that there is no substantial evidence that
the project may have a significant effect on the environment; or
b. The Initial Study identifies potentially significant effects, but:
i. Revisions in the project made by or agreed to by the
applicant before the proposed Negative Declaration is
released for public review would avoid the effects or
mitigate the effects to a point where clearly no significant
effects would occur, and
ii. There is no substantial evidence before the agency that the
project as revised may have a significant effect on the
environment.
Notice and Posting of a Proposed Negative Declaration. The Community
Development Director shall provide notice of a Negative Declaration as
required by Section 15072 of the Guidelines.
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Action by the Decision-Making Body. Prior to approval of any project for
which a Negative Declaration was prepared, appropriate findings shall be
prepared by the Community Development Director for consideration by
the Decision-Making Body.
Notice of Determination. Within 5 working days following approval of a
project for which a Negative Declaration was prepared, the Community
Development Director shall prepare and file a Notice of Determination as
provided under Section 15075 of the Guidelines.
5. Environmental Impact Reports.
If the Initial Study shows that there is substantial evidence that any aspect
of the project, either individually or cumulatively, may cause a significant
effect on the environment, regardless of whether the overall effect of the
project is adverse or beneficial, the Review Authority shall either prepare
a Draft EIR or use a previously certified EIR which the Review Authority
determines would adequately analyze the project.
Applicant's Responsibilities. The applicant shall submit all information
determined by the Review Authority to be necessary for the preparation
of the EIR. In addition, when consultant assistance is required the
applicant shall be responsible for all costs as provided under Sections E
and F, below.
Consultant Assistance. If consultant assistance is required in the
preparation of a Draft EIR, the procedures contained in Section E, below,
shall be followed.
Notice of Preparation. The Community Development Director shall
prepare and distribute a Notice of Preparation as provided by Section
15082 of the Guidelines. If requested by the City Council, the NOP shall
be reviewed by the Environmental Quality Affairs Committee.
Screencheck Draft EIR. If a consultant is retained to assist the City in
preparing a Draft EIR, the Review Authority may require the consultant to
submit one or more screencheck drafts for review prior to finalizing the
Draft EIR for publication.
Notice of Completion of a Draft EIR. The Community Development
Director shall prepare and distribute a Notice of Completion as provided
by Section 15085 of the Guidelines.
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Final EIR. After completion of the Draft EIR public review period the
Review Authority shall prepare a Final EIR as provided by Section 15089
of the Guidelines.
Action by the Decision-Making Body. Prior to approval of any project for
which an EIR was prepared, the Final EIR shall be certified as provided by
Guidelines Section 15090 and appropriate findings as required by Sections
15091, 15092 and 15093 shall be prepared by the Community
Development Director for consideration by the Decision-Making Body.
Notice of Determination. Within five working days following approval of
a project for which an EIR was prepared, the Community Development
Director shall prepare and file a Notice of Determination as provided
under Section 15075 of the Guidelines.
E. Consultant Assistance.
When the Review Authority determines that consultant assistance is required for
the preparation of an Initial Study, Negative Declaration or EIR, the following
procedures shall be followed:
1. Consultant List. The Community Development Director shall maintain a
list of consultants having a sufficient variety of expertise to assist the
Review Authority in the preparation of Initial Studies or EIRs when
required.
2. Consultant Selection. When outside assistance is required, a consultant
shall be selected by the Community Development Director from the City's
consultant list based on the nature of the project and the expertise of the
consultant. If it is determined by the Community Development Director
or requested by the applicant that proposals should be solicited from more
than one consultant, the Community Development Director shall prepare
and distribute a Request for Qualifications (RFQ) or Request for Proposals
(RFP). Following receipt of proposals or statements of qualifications, the
Community Development Director shall evaluate the submittals and
select the best-qualified consultant to assist in the preparation of the EIR.
The applicant may submit recommendations regarding the selection of a
consultant, but the final decision regarding consultant selection shall be
made by the Community Development Director.
3. Scope of Work and Budget. After a consultant has been selected a
detailed scope of work and budget shall be prepared by the consultant
and the Community Development Director.
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4. Contract Approval and Administration. The proposed scope of work and
budget shall be submitted to the applicant for approval. If the proposal is
acceptable, the applicant shall submit a deposit to cover the consultant
costs plus reasonable City administrative expenses. The consultant shall
not be authorized to commence work until such deposit is received from
the applicant. The amount of the deposit will normally be the total project
budget; however, for large projects the deposit may be made in two or
more payments subject to approval by the Community Development
Director. After receipt of the applicant's deposit the Community
Development Director shall prepare and execute a contract for consultant
services in a form meeting the approval of the City Attorney, and shall
administer the contract through project completion. At the conclusion of
the project any unused deposit shall be returned to the applicant.
F. Fees.
The preparation of an Initial Study, Negative Declaration or EIR shall be subject
to the following fees:
1. For Initial Studies and Negative Declarations prepared by the Review
Authority without consultant assistance, a reasonable fee shall be collected
as established by resolution of the City Council as part of the Planning
Department Fee Schedule.
2. For Initial Studies and EIRs prepared with consultant assistance, there will
be a City fee as required by the municipal code.
3. No future applications shall be accepted from any applicant, and no
permits or entitlements shall be approved or issued until all prior
indebtedness to the City incurred under this section by such applicants
has been paid in full.
4. The amount of the fee shall become an obligation of the applicant to the
City whether or not the permit or entitlement is issued, or whether or not
the applicant exercises the right to obtain the permit or entitlement. Such
fees accrue and become payable when the City gives notice to the
applicant of the amount of such fees. This liability shall be enforceable in
any court of competent jurisdiction. In the event suit is filed by the City,
in addition to the amount of the fee, applicant shall pay the City’s
reasonable attorney's fees.
G. Authority of the Review Authority.
The Review Authority shall have authority for the interpretation of CEQA, the
Guidelines, and this policy statement as they may affect any particular activity or
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project, including private development projects and City public works projects.
In addition, the Review Authority shall have authority for the following actions:
1. Determining whether activities are subject to CEQA.
2. Making recommendations regarding the applicability of Categorical,
Statutory and "General Rule" Exemptions for consideration by the
decision-making body.
3. Preparing Initial Studies for projects that are not exempt from CEQA.
4. Preparing draft findings, resolutions and mitigation monitoring programs
for consideration by decision-making bodies.
5. Reviewing and commenting on Negative Declarations, Notices of
Preparation, Draft EIRs, or other environmental documents prepared by
other agencies.
H. Authority of the Community Development Director.
1. Preparing and posting proposed Negative Declarations.
2. Preparing and distributing Notices of Preparation and Environmental
Impact Reports for City-sponsored projects and projects for which the City
has approval authority as Lead Agency.
3. Preparing responses to comments on Negative Declarations and EIRs.
4. Making recommendations to the Environmental Quality Affairs
Committee, the Planning Commission, the City Council, or other City
officials regarding the requirements of CEQA or the adequacy of
environmental documents.
5. Developing administrative procedures for implementation of CEQA and
these policies.
6. Providing NOPs, NOCs and staff assistance as needed to the
Environmental Quality Affairs Committee.
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Adopted - March 26, 1973 Amended - August 8, 1977
Amended - July 23, 1973 Amended - May 22, 1978
Amended - September 10, 1973 Amended - June 25, 1979
Amended - May 13, 1974 Amended - June 9, 1980
Amended - June 10, 1974 Amended - January 26, 1987
Amended - May 27, 1975 Amended - October 26, 1987
Amended - May 10, 1976 Amended - January 24, 1994
Amended - May 23, 1977 Amended – March 22, 1999
Amended – April 13, 2004
Amended – September 27, 2011
Amended – May 12, 2015