HomeMy WebLinkAbout(1999, 03/22) - K-3 - AmendedT
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IMPLEMENTATION PROCEDURES FOR THE
CALIFORNIA ENVIRONMENTAL (DUALITY 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.
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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
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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 Planning 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 Planning 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 Planning 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
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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 Planning 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 Planning 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 Planning 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.
Applicant's Responsibilities. The applicant shall submit all information
determined by the Planning 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: •
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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 Planning 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 Planning Director
shall prepare a proposed Negative Declaration for a project subject to
CEQA when either:
a. The Initial Study shoes 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 Planning
Director shall provide notice of a Negative Declaration as required by Sec.
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 Planning 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 Planning
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 Planning Director shall either prepare
a Draft EIR or use a previously certified EIR which the Planning Director
determines would adequately analyze the project.
Applicant's Responsibilities. The applicant shall submit all information •
determined by the Planning 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.
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 Pre arpation. The Planning Director shall prepare and distribute
a Notice of Preparation as provided by Sec. 15052 of the Guidelines. The
NOP shall be reviewed by the Environmental Quality Affairs Committee
pursuant to City Council Resolution No. 95 -17.
Screencheck Draft EIR. If a consultant is retained to assist the City in
preparing a Draft EIR, the Planning Director may require the consultant to
submit one or more screencheck drafts for review prior to finalizing the
Draft EIR for publication.
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Notice of Completion of a Draft EIR. The Planning Director shall prepare
and distribute a Notice of Completion as provided by Sec. 15085 of the
Guidelines. Copies of the NOC and Draft EIR shall 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
Planning Director shall prepare a Final EIR as provided by Sec. 15089 of
the Guidelines.
Action by the Decision- Making BodX. 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 Planning 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 Planning Director shall
prepare and file a Notice of Determination as provided under Section
15075 of the Guidelines.
E. Consultant Assistance.
When the Planning Director 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 Planning Director shall maintain a list of consultants
having a sufficient variety of expertise to assist the Planning 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 Planning 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 Planning Director or requested by the applicant that
proposals should be solicited from more than one consultant, the Planning
Director shall prepare and distribute a Request for Qualifications (RFQ) or
Request for Proposals (RFP). Following receipt of proposals or statements
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of qualifications, the Planning 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 Planning 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 Planning 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 Planning Director. After
receipt of the applicant's deposit the Planning 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 Planning
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
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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 Planning Director.
The Planning 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 Planning 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.
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.
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8. Making recommendations to the
Committee, the Planning Commission,
officials regarding the requirements
environmental documents.
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Environmental Quality Affairs
the City Council, or other City
of CEQA or the adequacy of
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 - 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
Amended — March 22,1999
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