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