HomeMy WebLinkAbout(2011, 09/27) - 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 California Environmental Quality Act, as amended.
These implementation procedures are intended to satisfy the requirements of
Sec. 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. All definitions contained in CEQA and the Guidelines shall also apply to
this policy statement.
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.
1
K-3
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 Sec.
15378, and activities that are "Ministerial" as defined in Guidelines Sec.
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
Work affecting scenic or sensitive biological resources
2
K-3
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 Community Development Director 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 Community
Development Director 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 Sec. 15260 et seq. of the Guidelines
do not require further environmental review.
b. Categorical Exemptions. The various classes of categorical
exemptions are contained in Section 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 Community Development Director
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
3
K-3
whether it qualifies for an exemption under the general rule
contained in Sec. 15061(b)(3) of the Guidelines, which states,
"Where it can be seen with certainty that there is no possibility that
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 Community Development Director 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 Community Development
Director 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.
4
K-3
Applicant's Responsibilities. The applicant shall submit all information
determined by the Community Development Director 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.
Determining Significant Effects. In determining whether or not 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 or not
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 Community Development Director shall determine
whether a Negative Declaration or EIR should be prepared, as provided
by Sec. 15063(b) of the Guidelines.
4. Negative Declarations.
As provided in Section 15070 of the Guidelines, the Community
Development Director 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:
5
K-3
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 Sec. 15072 of the Guidelines.
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 Community Development Director
shall either prepare a Draft EIR or use a previously certified EIR which the
Community Development Director determines would adequately analyze
the project.
Applicant's Responsibilities. The applicant shall submit all information
determined by the Community Development Director 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.
6
K-3
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 Sec. 15082
of the Guidelines. The NOP shall be reviewed by the Environmental
Quality Affairs Committee pursuant to City Council Resolution No. 98-17.
Screencheck Draft EIR. If a consultant is retained to assist the City in
preparing a Draft EIR, the Community Development Director 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 Sec. 15085 of the Guidelines. Copies of the NOC and Draft EIR may
also be provided to the Environmental Quality Affairs Committee for
their review pursuant to City Council Resolution No. 98-17.
Final EIR. After completion of the Draft EIR public review period the
Community Development Director shall prepare a Final EIR as provided
by Sec. 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 Sec. 15090 and appropriate findings as required by Sec. 15091,
15092 and 15093 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 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 Community Development Director determines that consultant
assistance is required for the preparation of an Initial Study, Negative
Declaration or EIR, the following procedures shall be followed:
7
K-3
1. Consultant List. The Community Development Director shall maintain a
list of consultants having a sufficient variety of expertise to assist the
Community Development Director 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.
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.
8
K-3
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 Community
Development Director 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 reasonable
attorney's fees.
G. Authority of the Community Development Director.
The Community Development Director shall have authority for the
interpretation of CEQA, the Guidelines, and this policy statement as they may
affect any particular activity or project, including private development projects
and City public works projects. In addition, the Community Development
Director 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.
9
K-3
4. Preparing and posting proposed Negative Declarations.
5. 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.
6. Preparing responses to comments on Negative Declarations and EIRs.
7. Preparing draft findings, resolutions and mitigation monitoring programs
for consideration by decision-making bodies.
8. 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.
9. Reviewing and commenting on Negative Declarations, Notices of
Preparation, Draft EIRs, or other environmental documents prepared by
other agencies.
10. Developing administrative procedures for implementation of CEQA and
these policies.
11. Providing NOPs, NOCs and staff assistance as needed to the
Environmental Quality Affairs Committee.
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
10