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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. · 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. · 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 · 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. . · · 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.