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HomeMy WebLinkAboutReso 6049-1973RESOLUTION NO. 6049 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ESTABLISHING A PRECISE PLAN FOR THE PROCESSING OF DEVELOPMENTAL PROJECTS AND MUNICIPAL PLATS IN ACCORDANCE WITH THE ENVIRONMENTAL QUALITY ACT, AND THE APPURTENANT GUIDELINES' I'SSUE'D~ ~BY THE RESOURCES' A'GENCY.' WHEREAS, the California Environmental Quality Act, as amended, requires local agencies to adopt procedures for the implementation of this act by April 4, 19 73; NOW, THEREFORE, THE FOLLOWING BE RESOLVED by the City Council of South San Francisco: SECTION I. PREFACE. A. CEQA EIR Requirement. B. Purpose of Resolution. C. Role of EIR in Planning Process. D. EIR As Informational Tool. SECTION II. RESOURCES AGENCY GUIDELINES INCORPORATED BY REFERENCE. A. Incorporation by Reference. B. Section Number Citation. SECTION III. COMMISSIONS, BOARDS, AND OFFICES. A. Administration. B. Responsibilities. SECTION IV. PROCEDURES. A. General. B. Submission of Information. C. Time Requirements; Public Hearings. D. Filing of Notices. SECTION V. FEES. A. Fee Structure. B. Responsibility for Consultants' Fees. C. Costs of EIR Reproduction. l® SECTION VI. FORMS; AGENCY LISTINGS. A. Creation of Forms. B. Compilation of Agency Listings. SECTI ON I. PREFACE. A. CEQA EIR Requirement. The California Environmental Quality Act, Pub. Res. Code §21000-21174, as amended, requires all local agencies to prepare or cause to be prepared environmental impact reports on any projects they intend to carry out or a~prove which may have a significant effect on the environment. Sec. 21100. (Emphasis added) B. Purpose of Resolution. This Resolution establishes a precise plan by which a project application shall be worked through what can be called the "Environmental Impact Report" process. C. Role of EIR in Planning Process. The EIR process is treated as another ingredient within the existing planning, review, and project approval process of this City with some procedural modifications. D. EIR As Informational Tool. The environmental impact report, when required, is an information 'document which will inform public bodies and the public of environmental effects of projects proposed to be carried out. It may not be used as an instrument to rationalize approval of a project~ nor may it be used to require that a project be disapproved. SECTION II. ,RESOURCES AGENCY GUIDELINES INCORPORATED BY REFERENCE. A. Incorporation by Reference. The "Guidelines for Implementation of the California Environmental Quality Act of 1970," 14 California Administrative Code §15000- 15166, is hereby incorporated by reference fop the pur- pose of executing the environmental impact report process. B. Section Number Citation. References to section numbers in the body of this Resolution ape to those sections contained in Title 14, Division S of the California Adminis tPative Code. SECTION III. COMMISSIONS, BOARDS, AND OFFICES· A. Administration. The administPation of the EIR process shall consist of the following: · Planning Commission City Planner City Attorney EIR Review Board, to consist of: City Planner Director of PubIic Works Director of Parks and Recreation Sanitation Superintendent City Manager Each shall have the authority to appoint an alternate, pro tempore, in his absence. B. Re spons ibi ii'ti e s. 1. PLANNING COMMISSION· The Planning Commission shall constitute the decision-making body with the respon- sibility of adopting the FINAL EIR for any proposed project determined significant. 2. CITY PLANNER. The City Planner shall make deter- minations of Ministerial, Categorical, or Other Exemptions upon receipt of any project application. CITY ATTORNEY. The City Attorney shall advise the City 'Planner in the application of Guideline cri- teria, to issues of Ministerial, Categorical, or Other Exemptions. 4. EIR REVIEW BOARD· The EIR Review Board shall make the determination of whether a proposed project will have a significant or nonsignificant effect upon the ,environment. It shall also specify whether the DRAFT EIR shall be prepared by a private consultant or a nongovernmental person undertaking the project, or any combination thereof. Sec. 15053 SECTION IV. PROCEDURES. A. General. The EIR process shall consist of the following procedural steps: 1. MINISTERIAL EXEMPTIONS. Upon receipt of a project application, the City Planner shall make a deter- mination of whether a project is Ministerial as opposed to discretionary. Sec. 15073 2. CATEGORICAL EXEMPTIONS. If the City Planner deter- mines that a project is not Ministerial, he shall then determine whether the project falls within any of the classes of Categorical exemptions, or other exemptions not specified by law in accordance with the Guidelines. Sec. 15100, et seq. · SIGNIFICANCE-NONSIGNIFICANCE. If the City Planner determines that a project is not Ministerial nor Categorical, or otherwise exempt, the project application shall be forwarded to the EIR Review Board for a determination of whether the project is significant or nonsignificant in accordance with the Guideline criteria. a. If deemed nonsignificant by the EIR Review Board, it shall cause a NEGATIVE DECLARATION to be prepared and filed with the City Clerk. Sec. 15083. b. If deemed significant by the EIR Review Board, it shall cause a DRAFT EIR to be prepared. See. 15084, 15085. 4. DRAFT EIR. The DRAFT EIR shall be subject to meview by the public, other agencies having juris- diction by law, and the City Planner. The City Planner, in conjunction with other members of the EIR Review Board and City Staff shall prepare an agency response, as defined in the Guidelines, to the DRAFT EIR. Sec. 15085, 15146. 5. FINAL EIR. The Planning Commission shall adopt the FINAL EIR and shall consider the contents of the report when it makes a decision on the project. Sec. 15085(f). B. Submission of Information. 1. MINIMAL DATA REQUIRED. Any person undertaking a project shall be required to provide in the project application sufficient data for Ministerial and 'Categorical exemption determinations. Sec. 15073. 2. DRAFT EIR REQUIRED OF NONGOVERNMENTAL PERSON. A nongovernmental person undertaking a project may be required to prepare a DRAFT EIR containing those required elements specified in the Guidelines. Sec. 15085(a). CONSULTATION WITH EXPERTS. When a demonstrated need for technical expertise arises, the EIR Review Board or the Planning Commission may consult with persons who have special expertise in environmental matters. Sec. 15161(a). 4. CONSULTATION WITH OTHER AGENCIES. The administra- tors of this Resolution shall consult with other agencies having jurisdiction by law over any proposed project. Time extensions may be granted for this purpose. Sec. 15161(a). · 5. All commentary responses made a part of the FINAL EIR shall be open to public inspection at the City Clerk' s office. C. Time Requi'remen'tS ;' Publi'c Hearings. 1. MINISTERIAL AND CATEGORICAL EXEMPTIONS. The City · Planner shall determine Ministerial, Categorical, or other exemptions within 14 days upon receipt of the project application. 2. SIGNIFICANCE-NONSIGNIFICANCE.' A public hearing shall be held by the EIR Review Board to review discretion- ar~ projects not Categorical, or otherwise exempt, at its next regularly-scheduled meeting subsequent to the determination of the City Planner. .A deter- mination of significance or nonsignificance based upon the criteria of the Guidelines shall be made within 30 days by the Review Board. In the event a determination of nonsignificance is made by the EIR Review Board, there Shall be a review period of 14 days from the date of the filing of the NEGATIVE DECLARATION for the purpose of allOw- ing public response to the NEGATIVE DECLARATION before the project application shall be forwarded to the Planning Commission for final action. Sec. 15083(b). In the event that a project is found to have a significant impact on the environment, the EIR Review Board shall require the preparation of a DRAFT EIR. A completed DRAFT EIR shall be submitted to the City Planner when a nongovernmental person is required to prepare the draft. A DRAFT EIR 'review period of no less than 30 days shall be used to provide the public, other agencies with juris- diction by law, and City Planner with the oppor- tunity to make their response to the DRAFT EIR. Sec. 15160(c). FINAL EIR. The FINAL EIR shall consist of the DRAFT EIR~ recorded public input, other agency input, and the City Planner's response. A FINAL EIR review period shall consist of two public hearings to be held by the Planning Commission. Sec. 15160(c). D. Filing Notices. 1. NOTICE OF MINISTERIAL, CATEGORICAL, OTHER EXEMPTION. The City Planner shall file a notice of Ministerial, Categorical, Other Exemption with the City Clerk. Sec. 15087. SECTION VI. FORMS; AGENCY LISTINGS. A. The City Planner and the City Attorney shall prepare appropriate forms for the implementation of the pro- visions of this Resolution. B. The City Planner shall compile listings of other agencies, particularly local agencies, which have legal jurisdiction and/or special expertise with respect to various projects and project locations. Appendix B of the Guidelines shall serve as a basis for a part of such listings. Sec. 1516!(b). I hereby certify that the foregoing Resolution was regularly intro- duced and adopted by the City Council of the City of South San Francisco at a regular meeting held this 19th day of March, 1973, by the following vote: AYES, COUNCILMEN I! NOES, ABSENT, " Patrick E. Ahern, William A. Borba, F. Frank Mammini and Warren Steinkamp None None ·