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.
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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.
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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.
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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
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NOES, " None
ABSENT,
,, None
Ci t'V C'lork
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