HomeMy WebLinkAbout(1994, 01/24) - K-3 - Amended (Implementation Procedures for the California Environmental Quality Act)IMPLEMENTATION PROCEDURES FOR -THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
L 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.
IL DEFINITIONS.
As used in this policy statement, the following definitions shall apply:
A. California Environmental Quality Act (CEQA) means Public
Resources Code, Sections 21000 et seq., as amended.
B. CEQA Guidelines means the "Guidelines for Implementation
of the California Environmental Quality Act", prepared by the
Secretary for Resources.
C. All definitions contained in CEQA and the Guidelines shall
also apply to this policy statement
III. GENERAL POLICIES.
The following general policies shall apply:
A. The City, in implementing the requirements of CEQA, shall,
wherever possible, integrate these procedures into the existing
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planning and review procedures of the City.
B. In reviewing and assessing the significance of environmental
impacts, the City shall be guided by the adopted General Plan
policies and standards.
IV. ENVIRONMENTAL DETERMINATIONS
A. 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:
1. Any building permit or grading permit
application or other action which is normally considered
ministerial but due to special circumstances is determined to..
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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
An activity that may generate substantial public
health impacts, such as noise, odors, or toxic materials
2. 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 Environmental Coordinator 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
Environmental Coordinator has determined not to be subject to
CEQA.
B. 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.
1. 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.
2. Categorical Exemptions. The various classes of categorical
exemptions are contained in Section 15300 et seq. of the
Guidelines. The discussion of exceptions contained in
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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 Environmental Coordinator 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.
3. "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 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."
Determination. The Environmental Coordinator 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 Environmental Coordinator may prepare and file a
Notice of Exemption as provided under Section 15062 of the
Guidelines.
C. Initial Studies.
If a project is subject to CEQA and is not exempt under one of the
provisions listed under Section IV.B, the Environmental Coordinator
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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 V. shall apply.
Applicant's Responsibilities. The applicant shall submit all
information determined by the Environmental Coordinator 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 Section VL
Consultant Assistance. If consultant assistance is required in the
preparation of an Initial Study, the procedures contained in Section
V. shall be followed.
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:
1. A substantial change in the character of an area by a
difference in use, size or configuration is created.
2. Substantial grading, excavating or other alteration to the
natural topography.
3. 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 Environmental Coordinator shall
determine whether a Negative Declaration or EIR should be
prepared, as provided by Sec. 15063(b) of the Guidelines.
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D. Negative Declarations.
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As provided in Section 15070 of the Guidelines, the Environmental
Coordinator shall prepare a proposed Negative Declaration for a
project subject to CEQA when either:
1. The Initial Study shows that there is no substantial evidence
that the project may have a significant effect on the
environment; or
2. The Initial Study identifies potentially significant effects, but
a. 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
b. 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
Environmental Coordinator 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 Environmental Coordinator 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 Environmental Coordinator shall prepare and file a
Notice of Determination as provided under Section 15075 of the
Guidelines.
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E. 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
Environmental Coordinator shall either prepare a Draft EIR or use a
previously certified EIR which the Environmental Affairs
Committee determines would adequately analyze the project. A
Draft EIR shall not be circulated for public review until the
Environmental Affairs Committee is satisfied that the document is
adequate to satisfy the requirements of CEQA.
Applicant's Responsibilities. The applicant shall submit all
information determined by the Environmental Coordinator 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 Section VL, below.
Consultant Assistance. If consultant assistance is required in the
preparation of a Draft EIR, the procedures contained in Section V.,
below, shall be followed.
Notice of Preparation. The Environmental Coordinator shall
prepare and distribute a Notice of Preparation as provided by Sec.
15082 of the Guidelines. Copies of the NOP shall also be provided
to the Environmental Quality Affairs Committee pursuant to City
Council Resolution No. 88 -105.
Screencheck Draft EIR. If a consultant is retained to assist the City in
preparing a Draft EM the Environmental Coordinator 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 Environmental
Coordinator shall prepare and distribute a Notice of Completion as
provided by Sec. 15085 of the Guidelines. Copies of the NOC shall
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also be provided to the Environmental Quality Affairs Committee
pursuant to City Council Resolution No. 88 -105.
Final EIR. After completion of the Draft EIR public review period
the Environmental Coordinator 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 Environmental Coordinator 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
Environmental Coordinator shall prepare and file a Notice of
Determination as provided under Section 15075 of the Guidelines.
V. CONSULTANT ASSISTANCE
is
When the Environmental Coordinator 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 Environmental Affairs Committee shall
maintain a list of consultants having a sufficient variety of expertise
to assist the Environmental Coordinator 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 Environmental Affairs Committee
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
Environmental Affairs Committee or requested by the applicant that
proposals should be solicited from more than one consultant, the
Environmental Coordinator shall prepare and distribute a Request
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for Qualifications (RFQ) or Request for Proposals (RFP). Following
receipt of proposals or statements of qualifications, the
Environmental Affairs Committee 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 Committee.
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 Environmental Coordinator.
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 Environmental Coordinator. After receipt of the
applicants deposit the Environmental Coordinator 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
VL FEES
The preparation of an Initial Study, Negative Declaration or EIR shall be
subject to the following fees:
A. For Initial Studies and Negative Declarations prepared by the
Environmental Coordinator 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.
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B. For Initial Studies and E11Rs prepared with consultant assistance,
there will be a City fee consisting of 15% of the consultant's fee.
C. 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.
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 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.
VII. AUTHORITY OF THE ENVIRONMENTAL COORDINATOR.
The Environmental Coordinator 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. The Environmental Coordinator may consult
with the Environmental Affairs Committee whenever questions of
interpretation arise. In addition, the Environmental Coordinator shall have
authority for the following actions:
A. Determining whether activities are subject to CEQA.
B. Making recommendations regarding the applicability of Categorical,
Statutory and "General Rule" Exemptions for consideration by the
decision - making body.
C. Preparing Initial Studies for projects that are not exempt from
CEQA.
D. Preparing and posting proposed Negative Declarations.
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E. Preparing and distributing Notices of Prepartion and Environmental
Impact Reports for City- sponsored projects and projects for which
the City has approval authority as Lead Agency.
F. Preparing responses to comments on Negative Declarations and
EIRs.
G. Preparing draft findings, resolutions and mitigation monitoring
programs for consideration by decision - making bodies.
H. Making recommendations to the Environmental Affairs Committee,
the Planning Commission, the City Council, or other City officials
regarding the requirements of CEQA or the adequacy of
environmental documents.
L Reviewing and commenting on Negative Declarations, Notices of
Preparation, Draft EIRs, or other environmental documents
prepared by other agencies.
J. Serving as Secretary to the Environmental Affairs Committee.
K Developing administrative procedures for implementation of CEQA
and these policies.
L. Providing NOPs, NOCs and staff assistance as needed to the
Environmental Quality Affairs Committee.
VIII. ENVIRONMENTAL AFFAIRS COMh=E.
A. Membership. An Environmental Affairs Committee is hereby
established for the purpose of carrying out the requirements of this
policy statement The Environmental Affairs Committee shall
consist of the Planning Director, or his designated representative,
the Director of Public Works, or his designated representative, and
the City Attorney, or his designated representative. In fulfilling its
duties the Committee may consult with other City officials as
required.
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B. Powers and Duties. The Environmental Affairs Committee shall
have the following duties:
1. Review and approval of draft Environmental Impact Reports
prior to circulation for public comment.
2. Interpretation of policy and procedures upon referral from
the Environmental Coordinator.
C. Referral to the Planning Commission. If the Environmental Affairs
Committee is uncertain regarding the appropriate application of
CEQA, the Guidelines or this policy statement, the Committee may
submit the issue to the Planning Commission for resolution.
Adopted - March 26,1973
Amended - July 23,1973
Amended - September 10, 1973
Amended - May 13,1974
Amended - June 10, 1974
Amended - May 27,1975
Amended - May 10, 1976
Amended - May 23,1977
Amended - August 8,1977
Amended - May 22,1978
Amended - June 25,1979
Amended - June 9,1980
Amended - January 26, 1987
Amended - October 26,1987
Amended - January 24,1994
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