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.
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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:
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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.
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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).
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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
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