HomeMy WebLinkAboutReso 6159-1973RESOLUTION NO. 6159
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ESTA,LISHING 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.
WHEREAS, the California Environmental Quality Act, as amended, requires
local agencies to adopt procedures for the implementation of this act by
April 4, 1973;
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, AN.D OFFICES.
A. Administration. ..
B. Responsibilities..
SECrION 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.
SECTION I. PREFACE.
A. CEQA EIR Requirement. The California Environmental Quality Act
Sec. 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 approve 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
modificat ions.
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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 Sec. 15000-1S166, 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. COIV~ISSIONS, BOARDS, AND OFFICES·
A. Administration. The administration of the EIR process shall
consist of the following'
Planning Commission
City Planner.
City Attorney
Advisory persons to the above administrators shall 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
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B.- Responsibilities.
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 ('.[ty Planner shall make determinations of
Ministerial, Categorical, or Other Exemptions, as well as
whether a proposed project will have a significant or non-
significant effect upon the .environment, upon receipt of any
project application. He shall also specify whether the DRAFT
EIR shall be prepared by a private consultant or a nongovern-
mental person undertaking the project, or any combination
thereof. Sec. 15055. .
3. CITY ATTORNEY.
The City Attorney shall advise the City Planner in the appli-
cation of Guideline criteria to issues of Ministerial, Categori-
cal, Other Exemptions, or project significant or nonsignificant
effect upon the environment.
4. CITY MANAGER.
The City Planner's determination of whether a proposed project
will have a significant or nonsignificant effect upon the
environment shall be submitted to the City Manager or his
authorized delegate prior to a Negative Declaration or Environ-
mental Impact Report preparation.
SECTION IV. PROCEDURES.
A. General.
steps:
The EIR process shall consist of the following procedural
1. MINISTERIAL EXEMPTIONS. Upon receipt of a project application,
the City Planner shall make a determination of whether a project
is Ministerial as opposed to discretionary. Sec. 15075
2. CATEGORICAL EXEMPTIONS. 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-NONSIGNIiFICANCE. If the City Planner determines that
a project is not ~.inisteria! nor Categorical, or otherwise exempt,
h.e shall determine whether the project is significant or non~
significant in accordance with the Guideline criteria.
a. If deemed fionsignificant by the City Planner, he shall cause
a NEGATIVE DECLARATION to be prepared and filed with the City
Clerk. Sec. 15083.
b. If deemed significant by' the City Planner, he shall cause a
DRAFT EIR to be prepared. Sec. 15084, 15085.
e
4. DRAFT [tR. The DRAFT EIR shall be subject to review by
the public, other agencies having jurisdiction by law,
and the City Planner. The City Planner, in conjunction
with other members of the City Staff shall prepare an
agency response, as defined in the Guidelines, to the
DRAFT EIR. Sec. 15085, 15146.
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. 1S073.
2. DRAFT EIR REQUIRED OF NONGOVERNMENTAL PERSON. A non-
governmental 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 City Planner 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 exten-
sions may be granted for this purpose. Sec. 1S161(a).
S. Ail commentary responses made a part of the FINAL EIR shall
be open to public inspection at the City Clerk's office.
C. Time Requirements; Public Hearings.
1. MINISTERIAL AND CATEGORICAL EXEMPTIONS. The City Planner
shall determine Ministerial, Categorical, or other
exemptions within S days upon receipt of the project
applicat ion.
2. SIGNIFICANCE-NONSIGNIFICANCE. The City Planner shall
determine whether the proposed project will have a signifi-
cant or nonsignificant effect upon the environment within
10 days upon receipt of the project application. A
questionnaire to be completed by the applicant, may be
used by the City Planner to determine significant or non-
significant aspects of the project. A determination of
significance or nonsignificance shall be based upon the
criteria of the Guidelines. The City Planner shall forward
his determination of significance-nonsignificance to the
City Manager for concurrence.
.
In the event a determination of nonsignificance is made by' the
City Planner, there shall be a review period of 14 days fr°m
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. 15085(b).
In the event that a project is found to have a significant
impact on the environment, the City Planner 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 $0 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. 1S160(c).
$. FINAL EIR. The FINAL EIR shall consist of the DRAFT EIR,
recorded public inp.ut, 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 Cc).
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. 1S087.
2. NEGATIVE DECLARATIONS. The City Planner shall file a NEGATIVE
DECLARATION with the City Clerk and County Clerk upon deter-
mining that a project is nonsignificant. In addition, a
NOTICE OF DETERMINATION shall be forwarded to the County Clerk
when the Planning Commission has approved or disapproved 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 draft has been received) to the County Clerk. Sec.
lS08sCc)
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 com-
pleted by the City Planner in accordance with the Guidelines
and forwarded to the County Clerk. Sec. 15080(g)
S. All notices referred to above shall be filed with the City
C1 erk. ~"'
SECTION V. FEES.
A. Fee Structure. The following fee structure is established for
projects undertaken by nongovernmental persons'
1. There shall be no fee for the City Planner's determination of
Ministerial, Categorical, or Other Exemption io be paid at the time
the application is submitted to the City Planner.
.
·
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2. $2S.00 for the City Planner's determination of significance or
nonsignificance to be paid at the time of application.
3. $$00.00 for the Planner's response to the DRAFT FIR to be paid -at the time the DRAFT EIR is submitted to the City.
B. Consulting Fees. Wherein the City Planner chooses to retain a private
consultant to prepare the DRAFT FIR, the nongovernmental person
undertaking the project shall pay the costs of the DRAFT FIR.
Sec. 1S055.
C. Costs of Reproduction. Any person requesting a copy of an EIR shall
pay the reasonable costs of reproduction. Sec. 1S055.
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.
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. 1S161 (b).
I hereby certify that the foregoing Resolution was regu-
larly introduced and adopted by the City Council of the City of
South San Francisco at a re§u~ar meeting held on the 20th
day of Au§ust , 19 7.3, by the following vote:
AYES, COUNCILMEN Patrick E. Ahem, William A. Borba, F. Frank
Mammini, Terry J. Mirri and Warren Steinkamp
,, None
NOES,
ABSENT,
None
ATTEST:
City Clerk
6.