HomeMy WebLinkAboutReso 6142-1973RESOLUTION NO.· 6142
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 ISSUED BY THE RESOURCES AGENCY
AND RESCINDI~NG RESOLUTION ~NO.~ ~60'4'9.~
WHEREAS, the California Environmental Quality Act, as
amended, requires local agencies to adopt procedures for the
implementation of this act by April 4, 1.973;
NOW, THEREFORE, THE FOLLOWING BE RESOLVED by the City
Council of the City 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.
SECTION VI. FORMS; AGENCY LISTINGS.
A. Creation of Forms.
B. Compilation of Agency Listings.
SECTION I. PREFACE
A. CEQA EIR REQUIREMENT.
The California Environmental Quality Act ~21000-21174
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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 approve which may have a significant
effect on the environment. Sec. 21100.
B. PURP'O'SE''OF''RE$'OL'UTI'ON.
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 t15000-15166, is hereby incorporated by reference for the
purpose of executing the environmental impact report process.
B. SECTION NUMBER ~CITATION.
References to section numbers in the body of this
Resolution are to those sections contained in Title 14, Division
6 of the California Administrative Code.
SECTION III. COMMISSIONS, BOARDS, AND OFFICES.
A. AD'MI'NISTRA'TI'0N.
The administration of the EIR process shall consist
of the following:
Planning commission
city Planner
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City Attorney
EIR Review Board, to consist of:
Director of Public Services
City Engineer
Director of Parks and Recreation
Sanitation Superintendent
City Manager
Each shall have the authority to appoint an
alternate, pro tempore, in his absence.
B . 'RESPO'NSIBI'LI'TIE S .
1. PLANNING COMMISSION.
The Planning Commission shall constitute the
decision-making body with the responsibility of adopting the
FINAL EIR for any proposed project determined significant.
2. CITY PLANNER.
The City Planner shall make determinations of
Ministerial, categorical, or other exemptions upon receipt of
any project application.
3. CITY ATTORNEY.
The City Attorney shall advise the City Planner in
the application of Guideline criteria, to issues of Ministerial,
categorical or other exemptions.
4. EIR REVIEW BOARD.
The EIR Review Board shall ma~e the determination
of whether a proposed project will have a significant or non-
significant 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. MINIS~TERIAL 'EXEMPTIONS.
Upon receipt of a project application, the City
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Planner shall make a ~e%erm~na~on O~ wh~*h~r a D~Oj~et is
Ministerial as opposed to discretionary. Sec.. 15073.
2. CATEGORICAL E'XEMPTI'ONS.
If the City Planner determines 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.
3. SIGNIFICANCE-NONSIGNIFICANCE.
If the City Planner determines that a project is
not Ministerial or Categorical, or otherwise exempt, the pro-
ject 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. Sec.15084, 15.085.
4. 'DRAFT EIR.
The draft EIR shall be subject to review by the
public, other agencies haying jurisdiction 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
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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).
3. 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 administrators 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. Ail commentary responses made a part of the FINAL
EIR shall be open to public inspection at the City Clerk's
office.
C. 'T'IME' REQUIREMENTS; 'PUB'LIC HE~RI~NGS.
1. MINISTERIAL AND CATEGORICAL EXEMPTIONS.
The City Planner shall determine Ministerial, Cate-
gorical, 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 discretionary 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
criteriaLof the Guidelines shall be made within. 30 days by the
Review Board.
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In the event a determination of nonsignificance is
made by the EIR Rewiew Board, there shall be a review period of
14 days from the date of the filing of the NEGATIVE DECLARATION
for the purpose of allowing 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 nongov-
ernmental 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 jurisdiction by law, and City
Planner with the opportunity to make their response to the
DRAFT EIR. Sec. 15160(c).
3. FINAL E'IR.
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.
2. NEGATIVE DECLARATIONS.
The EIR Review Board shall file a NEGATIVE DECLARA-
TION with the City Clerk upon determining that a project is
nonsignificant. In addition, a copy of the NEGATIVE DECLARATION
and a NOTICE OF DETERMINATION shall be forwarded to the
County Clerk when the Planning Commission has approved or dis-
approved the nonsignificant project. Sec.15083.
3. NOTICE OF COMPLETION.
Upon receipt of the DRAFT EIR, the City Planner
shall forward a NOTICE OF COMPLETION (notice stating that the
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draft has been received) to the Resources Secretary. (SeC. l.51085(c).
4. NOTICE OF DETERMINATION.
When the Planning Commission has taken action on a
project deemed to have a significant effect on the environment,
a NOTICE OF DETERMINATION shall be completed by the City
Planner in accordance with the Guidelines and forwarded to t~e
County Clerk. Sec.~ 15080(g).
5. All notices referred to above shall .be filed with
the City Clerk.
SECTION V. FEES.
A. 'F'EE'STRUCT'URE
The following fee structure is established for pro-
jects undertaken by nongovernmental persons:
1. $25.00 for the City Planner's determination of
Ministerial, Categorical, or other Exemption to be paid at the
time the application is submitted to the City Planner.
2. $100.00 for the EIR Review Board's determination
of significance or nonsignificance to be paid at the time of
the Board's decision.
3 ' ' $300.00 for the Planner's response to the DRAFT
EIR to be paid at the time the DRAFT EIR is submitted to the
City.
B. C'O'NSULTI'NG~F'EES.
Wherein the EIR Review Board chooses to .retain a
private consultant to prepare the DRAFT EIR, the nongovern-
mental person undertaking the project shall pay the costs of
the DRAFT EIR. Sec.15.0.53 '
C. 'COSTS OF'REPR. O'D'UC'TI'ON.
Any person requesting a copy of an EIR shall pay the
reasonable costs of reproduction. Sec.15053 '
SECTION VI. FORMS; AGENCY LISTINGS.
A. The City Planner and the City Attorney shall prepare
appropriate forms for the implementation of the provisions of
this Resolution.
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B. The City Planner shall compile listings of other
agencies, particularly local agencies which have legal juris-
diction and/or special expertise with respect to various pro-
jects and project locations. Appendix B of the Guidelines shall
serve as a basis for a part of such listings. Sec. 15161(b).
SECTION VII. RESCISSION OF RESOLUTION NO. 6049.
Resolution No. 6049, passed the 19th day of March,
1973, is hereby rescinded.
I hereby certify that the foregoing Resolution was
regularly introduced and adopted by the City Council of the
City of South San Francisco at an adjourned requ~ar
meeting held on the :~ 23rd day of July
by the following vote:
AYES, COUNCILMEN Patrick 5. Ahem. Will iam A. Borba,
Terry J. Mi rri and Warren Steinkamp
NOES , " None
ABSENT, " F. Frank Mammini
ATTEST:
,1973,