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HomeMy WebLinkAbout(1989, 11/27) - K-3 - AmendedK -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 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: K -3 IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT - Page 5 A. A 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. The shoreline or waters of the bay or ocean either directly or indirectly is affected. Every proposed project shall be reviewed and elvaluated in terms of these criteria by the City staff. Any proposal for a residential project shall indicate both gross and net densities in accordance with definitions contained in the Land Use Element of the General Plan. Where the City staff can clearly determine that a project will have no significant environmental impact, no further action need be taken. However, where there is a possibility that a project may have a significant environmental impact, an initial study must be done in accordance with Section 15080. In preparing the initial study, the City may request the applicant to provide any necessary information. VII. PREPARING AN EIR. After the initial study, if it is determined that the project may have a significant environmental impact, an EIR shall be prepared in the manner prescribed in Sections 15084, 14085, and 14140 through 15144. In preparing an EIR, the following procedures shall be adhered to: A. The EIR shall either be prepared by City staff, or by an independent expert or consultant under contract to the City. All information necessary for the preparation of the EIR shall be furnished by the project proponent. B. The expert or consultant employed by the City shall prepare a scope of services and establish a fee which shall be reviewed and approved by the E.A.C. The fees and charges for the preparation of the EIR by outside experts and consultants employed by the Committee, and reasonable administrative expenses, shall be charged to the applicant and shall be paid to the City prior to the approval or issuance of any permits. The Committee may require such deposits as are deemed necessary to assure charges will be covered. Any unused deposit will be returned to the applicant. VI. NEGATIVE DECLARATION. After the initial study, if it is determined that a particular project will not actually have a significant environmental impact, a Negative Declaration must be prepared in the manner prescribed in Section 15083 of the State Guidelines. VII. PREPARING AN EIR. After the initial study, if it is determined that the project may have a significant environmental impact, an EIR shall be prepared in the manner prescribed in Sections 15084, 14085, and 14140 through 15144. In preparing an EIR, the following procedures shall be adhered to: A. The EIR shall either be prepared by City staff, or by an independent expert or consultant under contract to the City. All information necessary for the preparation of the EIR shall be furnished by the project proponent. B. The expert or consultant employed by the City shall prepare a scope of services and establish a fee which shall be reviewed and approved by the E.A.C. The fees and charges for the preparation of the EIR by outside experts and consultants employed by the Committee, and reasonable administrative expenses, shall be charged to the applicant and shall be paid to the City prior to the approval or issuance of any permits. The Committee may require such deposits as are deemed necessary to assure charges will be covered. Any unused deposit will be returned to the applicant. K -3 • IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT - Page 6 C. No future applications shall be accepted from any applicant or permits or entitlements approved or issued until all prior indebtedness to City incurred under this section by such applicants has been paid in full. D. 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 applicant exercises the right to obtain the permit or entitlement. Such fees accrue and become payable when City gives notice to 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 City, in addition to the amount of the fee, applicant shall pay reasonable attorney's fees. E. The Committee shall assure that the draft report is objective, nonpartisan and complete. The draft report should be as brief and concise as possible within the scope of any particular project. VIII. SUBSEQUENT EIR. Where an EIR has been subsequent EIR need be prepared for any project unless additional discretionary substantial changes are proposed in the substantial changes with respect to the the project was originally approved. repared for a project, no phase or portion of that action is required; project; or there are circumstances under which IX. REVIEW OF THE EIR. The draft EIR shall be prepared and submitted with the earliest application, i.e., use permit, variance or tentative tract map, for the project to which the EIR pertains. When a public hearing is required for the application, the hearing notice shall include reference to the EIR. The Planning Commission and the City Council, in reviewing the application, shall consider the EIR as well as all other aspects of the project, and may incorporate any conditions of approval as may be necessary to mitigate undesirable environmental impacts. When the Planning Commission or City Council find that a project would have an unnecessary or unwarranted environmental impact when compared to any beneficial aspects, the Planning Commission or City Council may deny the project. 0 w K -3 IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT - Page 7 X. REQUIRED NOTICES. All Negative Declarations and all EIR's shall be filed with the Orange County Clerk or the Secretary of the State Resources Agency in the manner prescribed in Sections 15083 and 15085 of the State Guidelines. XI. FEES. The processing of a Negative Declaration or Environmental Impact Report (EIR) shall be subject to the following fees: A. There will be a fee consisting of the consultant's fee plus 15% of the consultant's fee for the review and processing of Negative Declarations and EIR's prepared by an outside consultant. B. There will be a fee established by Resolution of the City Council for the preparation, review and processing of Negative Declarations prepared by City staff. XII. AUTHORITY OF DIRECTOR OF PLANNING DEPARTMENT. The Planning Director shall be responsible for the interpretation of the State Guidelines and this policy statement as they may affect any particular activity, except for City public works projects for which the Public Works Director shall be responsible. XIII. ENVIRONMENTAL AFFAIRS COMMITTEE: A. Membership. An Environmental Affairs Committee is hereby established for the purpose of reviewing draft environmental impact reports. The Environmental Affairs Committee shall consist of the Planning Director, or his designated representative; the Director of Public Works, or his designated representative. The Director of Parks, Beaches and Recreation, or his designated representative, and a representative from the City Manager's Office, to be designated by the City Manager, may be invited as required. B. Powers and Duties. The Environmental Affairs Committee shall review all draft Environmental Impact Reports and Negative Declarations. After an initial review, the committee shall request any additional information as may be necessary to complete or clarify the draft report. When the committee has determined that the draft report is complete, it shall forward its findings and recommendations to the Planning Commission. C. Referral to Citizens Environmental Quality Affairs Committee. The Environmental Affairs Committee, when it finds that a project may have a particularly significant effect upon the environment, shall request the Planning Commission to refer the draft EIR to the Citizens Environmental Quality Affairs Committee. If the Planning Commission concurs with the recommendation of the Environmental Affairs Committee, the Commission shall refer the draft EIR to K -3 IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT - Page 8 the Citizens Environmental Quality Affairs Committee and request the Committee to forward its recommendations to the Environmental. Affairs Committee. If the Environmental Affairs Committee has not requested referral to the Citizens Environmental Quality Affairs Committee, the Planning Commission may, at its discretion, refer EIR's to the Environmental Quality Affairs Committee for review and analysis in any case. 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 November 27, 1989 Amended May 23, 1977