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HomeMy WebLinkAboutReso 33-1974RESOLUTION NO. 33-74 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 ENVIRON- MENTAL QUALITY ACT, AND THE APPURTENANT GUIDE- LINES ISSUED BY THE RESOURCES' AGENCY. WHEREAS, the California Environmental Quality Act, as amended, requires local agencies to adopt procedures £or the implementation o£ this act NON, THEREFORE, THE FOLLOWING BE RESOLVED by the. City Council o£ 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. SECTION III. CON~4ISSIONS, 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. Costs of EIR Reproduction. SECTION VI. FORMS: AGENCY' LISTINGS A. Creation of Forms. B. Compilation of Agency Listings. SEC'I'ION I. PREFACE· A. CEQA EIR Requirement. The California Environmentat Quality Act, as amended, requires all local agencies to pr.epare 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. 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 modl fi cat 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. R~SOURCES AGENCY GUIDELINES INCORPORATED' BY REFERENCE. A. Incorporation by Reference. The "Guidelines for Implementa- tion of th.e California Environmental Quality Act of 1970," is hereby incorporated by reference for the purpose of executing the environmental impact report process. SECTION III. COHHISSIONS, 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 S ani t at i on Superint endent City Manager Each shall have the authority to appoint an alternate, pro tempore, in his absence. · 'o. B. Responsibi Ii. ties. 1. PLANNIN(; (7)~llqlgglON. The l'lanning (~ommi:;,:ion shall constitute the decision-making body wi. th the resl~O,~ihility of certifying the FINAL F, 1R for any. proposed project determined significant. 2. CITY PI,^NNI'.,R. The Cit'~.?l. anner shall make determinations of Hinisterial, (;ategoricnl, or Other Exempti(..ms, ns well as whether a proposed'project may have.n significnnt or non- significant effect upon the environment, ~lmn r~ce~pt of any project, application, lie shall also specify whether the DRAFt F, IR shall be prepared by a private coastal, rant approved by the C£1:y Planner and retained hy applicant.. 3. CITY ATTORNEY. The City ^ttorney shall advise, tile City Planner in the appli- cation of Guideline cri. terin to issues of Hini. sterinl, Categorical, Other Exemptions, or project .~ignificant or non- significant effect upon the environment. 4. CI'FY IqAN The City Planner's determination of whether a proposed project may have a significant or nonsignificant effect upon tl~e environment shall be submitted to tile City Hanager or his authorized delegate prior t.o a Negative Declaration Or Environ- mental Impact Report preparation. SECTION IV. PROCEDURI.:S . A. General. steps: The I:.IR process shall consist of tile .followi. ng procedural. 1. HINISTI.!RIAI, !!XI!HPTIONS. Upon receip! of a project application, the City Planner shall make a dcterminati,n of whether a project is Hini. sterial as opposed to di,scretionary. 2. CKrlSGOI~ICA[, I.:.XF. HPT1ONS. If the City I'lanu.cr determines that a project i.s not Hinisterial, .ho shall tisch determine whether the. project falls within any of the cla.qses or Categorical exempti, ons or other exemptions specified by law and in accordance with Guidelines. 3. SIGNI. I:I(iANCI!-NONSI(;NIFIC^NC!!. If Lite (':il)' l'lanner determines that a project is not Hinisterial nor (:at(:l..,orical, or otherwise exempt, he shall determine whether thc project may make a significant or nonsignificant effect in accordance with the Guideline criteria. a. If deemed nonsignificant by the (:il.y l'lmmer, he shall cause n NF.G^TIVE I)ECL^I~TION to be prepared and filed with the City Clerk. · b. 117 deemed signJ. 17icant by the City Planner, lie shall cause a DR^I:T F. IR to be prepared. 1 Ill I1~"[ I[ll~il ? ~ DRAFr EIR. ~e 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 EI R. 5. FINAL EIR. The Planning COmmission shall ,certify that the FINAL EIR has been completed in compliance with CEQA and the State Guidelines, and shall consider the contents of the report w,hen it makes a decision on the project. 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 determinat ions. 2. CONSULTATION WITH EXPERTS.. When a demonstraied need for technical .expertise arises, the City Planner or the Planning Commission may consult with persons Who have special expertise in environmental matters. 3. CONSULTATION WITtt 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. 4. Ail commentary responses made a Part of the FINAL EIR shaI1 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 application. 2. SIGNIFICANCE-NONSIGNIFICANCE. Th~ City Planner shall deter- mine whether the proposed project will have a significant 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 nonsignificant 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-non- significance 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 10 days from the date of the filing of the NEGATIVE DECLARATION for the purpose of allowing public response to the NEGATIVE DECLARA- TION before the project application shall be forwarded to the Planning Commission for final action. In the event that a project is found to have a significant impact on the environment, the City Planner Shall require the preparation o£ a DRAFT EIR. A completed DRAFT EIR shall be submitted to the City Planner by the consultant.. 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. 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 one public hearing to be held by the Planning Commission. 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. 2. NEGATIVE DECbARATIONS. The City Planner shall, file a NEGATIVE DECLARATION with the City Clerk upon determining that a .project is nonsignificant. In addition, a NOTICE OF DETERMINATION, with a copy of the NEGATIVE DECLARATION attached, shall be for- warded to the County Clerk when the decision making body has approved or disapproved the nonsignificant project. 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. NOTICE OF DETERMINATION. ~hen the Planning Commission haS taken action on a project deemed to have a significant effect on the environment, a NOTICE OF DETERMINATION shall be corn= pleted by the City Pl'anner in accordance with the Guidelines and forwarded to the County Clerk. S. All notices referred to above shall be filed with the City. Clerk. 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 ExemI,tion to be paid at the time the application is submitted to the City Planner. 2. $25.00 for the City Planner's determination of significance or nonsignificance to be paid .at the time of application. 3. $500.00 for the City Planner's response to the DRAFT' EIR to be paid at the time the DRAFT EIR is submitted to the-City. S , B · Consu.l tin¢.l Fees. The nongovernmo.}~{:,l], person under- takiltg t:[~e project shall pay thc, c:(~sts of the DRAFT EIR. All applicntions for pemits Or license for which' an environ~ mental impact report may. l)e required shall be accompanied by a receipt showing that a deposit in accordance wi'th a schedule of fees established has been pnid to the Finance Director. Said deposit nnd any addit'Jonnl deposits requi, rcd shall-be used to defray tho entire cost: oF preparation o.f the envJ ronme~tal impact report and publ i cat ion o~ notices of' public hearings. The City off South San Francisco shall pay for the cost of the environmental iml,aCt report l)reparation out of said deposit together with pul)lication fees and inciden- tal administrative costs, and shall reFt,mi any Unused portion off snid deposit to tho npl)licant t,pon completion and apprOval of the environmontal impact report. In the event tho cost of said environment impact roport nnd pul)lication fees oxceed the original depostt, the al)plicant shall de[)osJt an addi- tional nmount equal to the difference betw6en tho City's esti~nate of the totat cost of the prelm,'ation of the environ- mental i. mpact ~oport and publication fees and the original depos i t. C. Costs of Reproducti. on. ^ny person rcq,,csting a copy of an EIR s|~a--J'! pay the :reasonable costs of reprodtiction. SECTION VI. I:ORIqS A(;ENCY LIST INGS. A. The City Planner and tile City Attorney sl~all prepare al)prop-. ri. ate forms for the implementation of the l~rovisions of this ilesoltit ion. B. The City Planner shall comnpile listings of other agencies, particul nrly local agencies, ,hi. ch have Icgal jurisdiction and/or sl~ecial expertise with res~ect to various projects and project locations. ^ppendix B of t'he Guidelines shall serve' as a basis for n part of such listings. I hereby certify that the foregoing Resolution was regularly. in'troduced and adopted by the City Council of the City of Soutli San Francisco at a regular meeting held on the Igth day of February , 1974, by the following vote: AYES, COUNCIl,MEN Patrick E. Ahern, Wl lliam A. Borba, F. Frank Mammini, Terry J. Mirri and Warren Steinkamp · NOES, " None ABSENT, ,, None Ci t'V C'lork 'lit iii; I~II'~ ]':Ill