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HomeMy WebLinkAboutReso 24-1977RESOLUTION NO. 24-77 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING REVISED GUIDELINES FOR ENVIRONMENTAL IMPACT REPORTS IN ACCORDANCE WITH THE CALIFORNIA ENVIRON- MENTAL QUALITY ACT OF 1970 AND THE CALIFORNIA STATE GUIDELINES AS AMENDED AND ISSUED BY THE RESOURCES AGENCY OF THE STATE OF CALIFORNIA. WHEREAS' the California Environmental Quality Act, as amended by the Resources Agency of California, requires local agencies to adopt procedures for implementation of the Act, and WHEREAS, the Planning Commission by its Resolution No. 2201, adopted January 25, 1977, entitled "Resolution of the City of South San Francisco.Planning Commission Establishing an Environmental Review Process for Development Projects and Municipal Projects in Accordance with the California Environmental Quality Act of 1970 and Pertinent Guidelines Issued by the Resources Agency of the State of California," recommended an amendment of said guidelines contained in a document entitled "City of South San Francisco Environmental Review Process," and WHEREAS, the City Council, after public hearing duly noticed, desires to adopt said revised Environmental Impact Report Guidelines; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Resolution No. 33-74, adopted the 19th day of February, 1974, entitled "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with the Environmental Quality Act, and the Appurtenant Guidelines issued by the Resources Agency," is hereby rescinded. 2. The City of South San Francisco Environmental Review Process contained in the document by that title, attached hereto as Attachment · 1' which contains the Environmental Impact Report Guidelines for the City of South San Francisco, is hereby adopted. 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 reqular meeting held on the 23rd day of February , 1977 , by the following vote: AYES, COUNCILMEN Richard A. Battaglia, William A. Borba, Terry J. Mirri and Leo Padreddii NOES, " None ABSENT, " Emanuele N. Damonte · , _Page .No. V, FEES A. Fee Structure 1. Ministerial/Emergency Projects 2. Categorical Exemptions 3. Negative Declarations 4. Draft EIR 5. Appeal of City Planning Commission Action B. Additional Costs 10 VI. APPENDIX A. Exhibit "A" - Categorical Exemption Analysis B. Exhibit "B" - Environmental Analysis Form C. Exhibit "C" - Processing Flow Chart ll February, 1977 Prepared by Planning Division ERP-2/77 Il I [' fillii ~ Ill'] I11 I City of South San Francisco Environmental P, eview ProCess I. PREFACE A'. State of California - Legislative Declaration- . - The Legislature has declared that: (a) Every citizen has a respon- sibility to contribute to the preservation and enhancement of the environment. (b) It is the intent of the Legislature that all agencies of the state government which regulate activities of private individuals, corporations and public agencies which are found to affect the quality of the environment, shall regulate such activities so that major consideration is given to preventing environmental damage. (Section 15010)* B. CEQA EIR Requirement The California Environmental Quality Act, as amended, requires all local agencies to prepare or cause to be prepared environmental impact reports on any projects which may have a significant effect on the environment. Significant effect, as defined by CEQA guidelines, means a substantial adverse impact on the environment. C. Purpose of the city of South ,Sa,n Francis.co, Environmental Review Process These guidelines are to provide procedures and policies to determ, ine environmental impacts and, for the review, findings and certification of these environmental documents. D. The EIR as an Informational Tool - ~ An Environmental Impact Report is an informational document'which, when fully prepared in accordance with the CEQA and these'Guidelines, will. inform public decision-makers and the general public of the environ- mental effects of projects they propose to carry out or approve. The EIR process is intended to enable public agencies to evaluate a. project to determine whether it may have significant effect on the environment, to examine and institute methods of reduCing adverse impacts, and to consider.alternatives to the project as proposed. This analysis must be done prior to approval or disapproval of the project. An EIR may not be used as an instrument to rationalize approval of a project, nor do indications of adverse impact, as enunciated in an EIR, require that a project be disapproved. While CEQA requires that major consideration be given to preventing environmental damage, it is recognized that public agencies have obligations to balance other public objectives, including economic and social factors in determining whether and how a project should be approved: Economic information may be included in an EIR or may be presented in whatever form. the agency desires. (Section 15012) - *NOTE: All section references are to the "Guidelines for Implementation, California Environmental Quality Act," Title 14, California Administrative Code, enacted pursuant to Pub Res Code~21 000 et s~ ERP-2/77 II]11 Il ' lillFI III I! · II1: I Ir' E State of California Resou'rce Ag_enc~v_ Guidelin_es The "-Guidelines for Implementation of the California Environmental Quality Act of 1970," Title 14, California Administrative Code 15006-15155 and the appendices thereto, are hereby incorporated by reference for the purpose of executing the environmental impact process. Wherever conflicts exist between these Guidelines and the State Guidelines, the State Guidelines shall prevail. ERP-2/77 2, II. RESPONSIBILITIES A. Office of the City Planner The City Planner shall make the initial determination of environmental impacts upon review of the information submitted. The City Planner shall follow the procedures and policies defined in this document. B. City Planning Commission When the Commission is the decision-making authority, this Commission shall hold public hearings and review environmental documents in accordance with the CEQA and these Guidelines. On projects on which the Commission is the decision-making authority, review of the action on the environmental document is final unless appealed to the City Council in which case the environmental review by the Planning Com- mission shall be considered a recommendation to the City Council and the City Council shall then review the environmental document and make its own determination according to the procedures set forth in these Guidelines. On projects in which the Commission reviews proposals and makes recommendations to the City Council, pursuant to the South San Fran- cisco City Code, the Commission shall also review environmental documents for these projects and make recommendation thereon. 'No action on the project itself shall be.taken until Council review of. environmental analysis is complete. The Commission shall follow procedures and policies herein defined in this document. C. City council When the' City Council is the decision-making authority on proposed projects or in the case of an appeal of a City Planning Commission action on an environmental document, upon receipt of the recommendation of the Planning Commission, the City Council shall review and consider environmental documents in accordance with CEQA. D. project Applicant The applicant shall be responsible for providing all information re- quested by the city or its consultants. The applicant shall be responsible for compliance with those provisions of this document which require direct action on the applicant's part. ERP-2/77 e II I [' E. ?t..'blic Review/Public Hearin.qs Public review of environmental documents is encouraged and to facilitate the opportunity for persons to comment, the public review process shall be utilized for review of certain environ- mental documents (Negative Declarations and Environmental Impact Report), as specified in these guidelines. Public review, as utilized throughout these guidelines, shall mean that notice shall be placed in a newspaper of general circulation at least ten (lO) days prior to the consideration. This notification process applies to hearings held before the Planning Commission and City Council. ERP-2/77 4, III. PROCEDURES FOR EVALUATING EXEMPTIOHS FROM CEQA A. Submission of In'Formation Any person undertaking a project shall be required to provide sufficient data on either the required city form or for categorical exemptions, completion of the Categorical Exemption Analysis Form (Exhibit "A") for determination of environmental impacts as defined in CEQA. B. Categorical Analysis, Time Frame for Determination, Posting and Notification Process 1. Ministerial/Emergency Projects (a) Analysis All projects of the following categories are exempt in conformance to Section 15073 (1) Issuance of building permits (2) Issuance of business licenses (3) Approval of final subdivision maps (4) Approval of individual utility service connections and disconnections (b) Time Frame for Determination 'These projects as defined in CEQA are exempt from the requirements of CEQA and no environ- mental documents are required (Sec. 15073) 2. _Categorical Exemption If the City Planner determines that a project is not minis- terial or emergency, a determination shall be made by the City Planner as to whether the project is' included within any of the activities of categorical exemption. (a) .Anal~/si s All projects shall be reviewed to determine if they are included within the related activities of the categorical exemptions listed in CEQA Guidelines. (Sec. 15100). The City of South San Francisco finds that there are no other classes or examples other than those listed. (b) Time Frame for Determination 'The City Planner shall make a determination of categorical exemption within ten days upon receipt of the Categorical Exemption Analysis Form (Exhibit "A"). ERP-2/77 5, (c) Postinq Upon determination of categoriCal exemption, the City Planner shall post this request for an exemption in city hall for a period of ten days. The ten days shall commence as of the date of posting excluding the first day and including the last day. The determination of exemption shall be .final at the end of the posting period. (d) Notice of Exemption Upon the approval of the project, the City Planner shall cause a Notice of Exemption to be filed with the County Clerk in accordance with CEQA (Sec. 15074). Ge ERP-2/77 IV. PROCEDURES FOR EVALUATING NON-EXENPT PROJECTS · A. Submission of Information . Any person undertaking a project shall be required to provide sufficient data on the Environmental Analysis Form (Exhibit "'B") for determination of environmental impacts as defined in CEQA. B. Initial Study If a project is not ministerially or categorically exempt, then an initial study shall be performed by the City Planner to determine the environmental impacts in accordance with CEQA (Sec. 15080). The determination of significant adverse impacts and mandatory findings of significance shall be consistent with CEQA. (Sec. 15081 and 15082). C. Categorical Analysis, Time Frame for Determination, Public Review/Public Hearing and Notice of Determination l. Negative Declarations (a) Analysis If the project is determined to not haVe a significant adverse impact upon the environment, as a result of the initial study, then a negative declaration shall be prepared in accordance with CEQA. (Sec 15085) · , (b) Time Frame for Determination D~termination of the significance of the project shall be based upon the criteria of CEQA and shall be made by the City Planner within ten days after submission of the information required on the Environmental Analysis Form (Exhibit "B"). (c) Public Review/Public Hearings Upon determination of impacts, the City Planner shall schedule the Negative Declaration for review and consideration by the City Planning Commission. Copies of the Negative Declaration and initial study shall be posted in city hall and other copies shall be distributed as required by law and deemed appropriate by the City Planner. If required according to the responsibilities specified for the City Council in these guidelines, a subsequent review and consideration of the environmental document shall be scheduled for the City Council by the City Clerk. At the conclusion of the review, the appropriate reviewing body, as defined herein (Section II) shall find that either (a) that the project will not have a significant e ERP-2/77 IIITI im ' l[ll'l ~1 I! adverse impact on the environment and that an E,I.R. is not required or (b) that the project will have a significant adverse impact on the environment and a draft E.I.R. is required. (d) Aj~p,eal On environmental documents in w. hich the Commis- sion takes action, the applicant or any intereste~t party not satisfied with the action of the City Planning Commission may within ten (10) days appeal to the City Council in writing, setting forth specifics of the appeal, The City Council shall review and consider the appeal in accordance with the requirements specified in these Guidelines. (e) Notice of Determination Upon the determination of 'approval or disapproval of the project, a Notice of Determination shall be filed with the County Clerk in accordance with CEQA (Sec. 15085.h), 2. Draft Environmental Impact Reports (a) Analysis If the project is determined to have a significant adverse impact upon the environment, as a result of the initial study, then a draft E.I.R, shall be prepared in accordance with CEQA (Sec. 15085.a). (b) Time Frame for Determination Determination of the significance of the project shall be based upon the criteria of CEQA and shall be made by the City Planner within ten days after the submission of the information required on the Environmental Analysis Form (Exhibit "B"). (c) Preparation of the Draft E.I.R. The City of South Sari Francisco as the lead agency for projects under its control, shall have prime responsibility for the prepara.tion of all envir- onmental impact reports. The draft E.I.R. contents shall conform to'CEQA (sec. 15140) and these Guidelines. The draft E,I.R. shall reflect the independent judgment of the City of South San Francisco prior to its release into circulation. (d) Notice of Completion Upon completion of the draft E.I.R., the City Planner shall file a Notice of Completion with the Secretary for Resources in conformance to CEQA (Sec. 15085.c). EP,?-2/77 fl]il II ' Il]ii ¸8. ,, (e) Circulation of Draft Public Review/Public Hearings Upon' comp'le'tion of t~e draft E.I.R., the City Planner shall schedule the E.I.R. for public hearing before the City Planning Commission. The hearing shall not be s~heduled prior to a minimum public review period of 30 days. The draft E.I.R. shall be subject to review by the public and all agencies having jurisdiction by law. Copies of the E.I.R. shall be placed in city hall and the public library and other copies shall be distributed as required by law and deemed appropriate by the City Planner. (f) Appeal On environmental documents in which the City Planning Commission takes action, the applicant or any interested party not satisfied with the action of the City Planning Commission, may within ten (10) days appeal to the City Council in writing, setting fdrth speCifics of such an appeal. The City Council shall hold a public hearing in accor- dance with the requirements specified in these Guidelines. (g) Notice of Determination Up'on the approval or-disapproval of the project, a Notice of Determination shall be filed in accordance wi th CEQA. (Sec. 15085.d). ERP-2/77 Il]Il I! i~l'l 111 I! 'V. FEES A. Fee Structure The following fee structure is .established for projects undertaken by non-governmental persons: 1. Ministerial/Emergency Projects: No Fee 2. Categorical Exemptions: To be paid at the time of determination to the City Planner $ 15.00 Negative Declaration: To be paid at the time of determination of initial study to the City Planner $ 25.00 4. Draft EIR: To be paid at the time of determination of initial study to the City Planner $200. O0 5. Appeals of City Planning Commission Action: Negative Declaration, Draft EIR: - to be paid at the time of filing written appeal notice No Fee B. Additional Costs -- In the event the minimum fees do not meet the full costs of analysis or preparation of environmental documents, the applicant shall pay the additional costs upon submission of city invoice before any further action of the city or its contractors will proceed. ERP-2/77 frill il 10. Vi. APPENDIX Exhibit "A" Exhibit "E~" Exhibit "C" Categorical Exemption Analysis Environnlental Analysis Form Processing Flow Chart ll. ERP-2/77 . , E XH I B IT "A" CITY OF SOUTH SAN FRAHCISCO CATEGORICAL EXEMPTION ANALYSIS ---General Information (To be completed by Applicant); I. Address of Project (Street Address and Legal Descrip.tion -(Date Filed) 2. Name, Address & Phone Number of Applicant or Project Sponsor 3. Name, Address & Phone Number of Person to Contact Concerning Project 4. Describe any other related permits and other public approvals required for this project, including those required by city, regional, state, and federal agencies. 5. Existing Zoning on Site' 6. Present Use of Site: 7. Proposed Use of Site' -_ 8. General Description of Proposed Project Action' 9. Please answer the following questions. If any questions answered yes, please explain and describe the activity in detail, including explanation of the size and scale of the project. a. Does the project involve repair, maintenance, or minor alteration of existing facilities? Yes No · b. Does the project involve replacement or reconstruction o~ existing facilities? Yes No · c. 'Does the project-involve new constru'ction of a small s~t'ructure? ' Yes IIIll !! ~ I]Tl Iii I! d. Does the project involve construction of an accessory facility to an existing use? Yes No e. Does the project involve minor alterations of th*e land? Yes f. Do-es the project' involve alterations of 'land use limitati-ons? Yes No OTHER EXPLANATIONS: Review and Determination (To be completed by the City Planner) ~elated Permit Numbers vi ew -I. Is project consistent with General Plan? Yes No 2. Is project location within Geologic Hazard Special Study Zone? Yes 3. Is project location within Airport Noise Impact Zone? Yes No 4. Is project location within Flood Hazard Area? Yes No_ 5. Is project location in a particularly sensitive environment? Yes Determination 6, Is the project categorically exempt under CEQA? Yes No If yes, specify type and section number If no, specify next course of action No No Date of Determination and Posting'. Name/Title Person Making Determination' II]~i I! l!!]llII1 Ii EXHIBIT "B" CITY OF SOUTH SAN FRANCISCO ENVIRONMENTAL A~;ALYSIS FORM The Environmental Analysis Form is to be used for the initial evaluation of all JQ-~ojects not included within the lists of ministerial projects and categorically ~empt projects for South San Francisco. ~ne project applicant shall complete the form and return'it to the City planner. Upon receipt of the completed Environmental Analysis Form, the City Planner shall determine if the project may.have, or could not have, a significant effect on the environment. Based on the determination from the initial study, the applicant shall be advised of whether a Negative Declaration or Environmental Impact Report is required. Environmental analysis d~termination and complet~ion of environmental review pursuant to South San Francisco's Environment_a] Revie? ProFess i.s~ re_q~ired prio~r to proceedin~ with any project_. ~ General Information (to be completed by applicant)' (Date. Filed) I. GENERAL INFORMATION 1. Address of Project' Assessor's Block and Lot Number: · 2. Name and address of developer or project sponsor' ~, ,, 3. Name, address, and telephone number of person to be contacted concerning this project'_ List and describe any other related permits and other public approYals required for this project, including those required by city, regional, state and federal agencies: ~ 5. Existing zoning district' 6. Present use of site- 7. Proposed use of site (Project for which this form is filed)' II. PROJECT DESCRIPTION (attached additional sheets as necessary) ~' - 8. Site size. 9. Square footage. [[111 I] lllil Iii l! lO. Number of floors of construction. il. Amount of off-street parking provided. 12. Attach plans. 13. Proposed scheduling. 14. Associated projects. 15. Anticipated incremental development. 16. If residential, include the number of units, schedule of unit-sizes, range of sale prices or rents, and type of household and household size expected. 17. If Commercial, indicate the type, whether neighborhood, city or region- ally oriented, square footage of sales area, loading facilities. 18. If industrial, indicate type, estimated employment per shift, and loading facilities. 19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 20. If the project involves a variance, use permit, or rezoning applica- tion, state this and indicate clearly ~hy the application is required. Are' the following items applicable to the project or its effects?- Discuss below all items checked yes (attach additional sheets as necessary). YES NO EARTH 21. Change in topography or change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours. 22. Destruction, covering, or modification of any unique geologic or physical features. 23. Increase in wind or water erosion of soils, either on or off the site. 24. Site on filled land or on slope of lO percent or more. AIR qUALITY 25. Air emissions or deterioration of ambient air quality. 26. Change in dust, ash, smoke, fumes or odors in vicinity. [[~1 Il Env~iron.mental Analysis Form (Page Three) YES ~0 WATER 27. Change in ocean, bay, lake, stream, or ground water quality or quantity, or alteration of existing drainage patterns. PLANT Ar;D ANIMAL LIFE 28. Change in the diversity of species or numbers of any species of plants or wildlife. NOISE 29. Change in existing noise or vibration levels in the vicinity. ENERGY 30. Increased fossil fuel consumption (electricity, oil, natural gas, etc.). LAND USE 31. Change in pattern, scale or character of general a.rea of project. 32. Relationship to a larger project or series of projects. TRANSPORTATION 33. Generation of additional vehicular movement and/or alteration of existing patterns of circulation. SAFETY 34. Use or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. POPULATION -- 35. Change in distribution and density of population. PUBLIC SERVICES AND UTILITIES · 36. Change in demand for municipal services (police, fire, water, sewage, schools, etc.). 37. Significant amounts of solid waste or litter. - __ HEALTH - 38. Create any health hazard or potential health hazard. AESTHETICS . 39. Change in scenic views or vistas from existing residential areas or public lands or roads. ENVIRO~MENTAL SETTIHG · . 40. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. II111 ii ' 1111'I 11111 Environmental Analysis Form (Page Four) 41. Describe the surrounding properties, including information on plants and animals a~nd any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.). IV. CERTIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evalua- tion to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. ( Da te · '(Si gna ture) For I City of Sou-tl~ San Francisco Environmental Review Process "Process Flow Chart" EXHIBIT "C" Applica-~ion for a permit, license, etc. Ci ty~ Pl'anner ~Lnv~ronmental Determination 1. Ministerial/Emergency, 2, Categorically Exempt 3, Not Exempt cits Planner Initial S-t u d-y 1, Negative Declaration, 2. EIR Required Draft E,I.R. Notice of Completion 1. -Circulate for co-mments ~.No Action Required --~Postin~ 1', City Hall ,F~_P~blic Review · 1 Posting' City Hall 2. Newspaper Notice 3. Notice to adjacent property owners FPublic Revi 'l', 'Posting' City Hall/Library 2, Newspaper Notice 3. Notice to adjacent property owners -~_Notice of Exem?tion Public Hearin~g T~ la'nn'ing Comml-ssion 1. Finding' No EIR Required 2. Finding: EIR Required NOTE: (See Below) .-Public He_a, ring. i~lanni ng Commission 1. Certify final E.I.R.- NOTE: (See Below) F~Public Hearing City' Couiici 1 Il. Finding' ] 2. Finding' No EIR EIR A ~Public Hearing 'Cit~ Council 1, Certify E.I.R:-- ~ Notice of Determination Required ~ Required ~, NocTce of Determi na ti on NOTE: Projects requiring final approval by the City Council by City Ordinance or by appeal of the City Planning Commission decision on environmental documents, CITY OF SOUTH SAN FRANCISCO SU~4MARY PLANNING CONSULTANT SELECTION PROCESS FOR COMI,iUNITY PLANNING STUDIES AHD ENVIRONMENTAL Ib1PACT REPORTS A . I. City establishes and reviews annually a planning consultant list. 2. Consultants on the list have been evaluated according to general ability to address a range of planning issues and according to expertise in special areas of planning. Consultants have been selected for the following topics: Air Quality, Biology, Circulation and Traffic, Economic Studies, Geology, Housing, Hydrology, Land Use and Zoning, Noise, Parks and Open Space, and Urban Design. Based on project issues and research and evaluation needs, consultants listed under the pertinent planning topi. c will be selected on a project by project basis. 3. Preliminary plans for the project are reviewed by the city. 4. City determines major areas of project interest, concern and impact based on preliminary data. 5. City'develops major objectives of study to be done and outlines the general scope of work. 6. Based on major project areas of concern, consultants on the established consultant list under the appropriate planning topic or topics, will be contacted. 7. City Staff, project representatives, and all potential consultants meet to discuss project and review scope of work required by city. 8. Based on information received on the project and scope of work, interested consultants submit proposals to the city to do work. 9. City staff reviews proposals to determine if the proposal is comprehensive, complete, and consistent with the intent and scope of work outlined by City. 10. If the proposed study is for a community planning project or an environmental impact report for a public project, the City shall select the consultant or consultants based on proposed approach to work assignment and economic and time factors suitable to the city's needs. If the proposed study is for an environmental impact report for a. private project or some other type of private project, the project applicant shall select the consultant or consultants based on proposed approach to work assignment and economic and time factors suitable to the applicant and consistent with the city's requirements for the study. II]~1 I! l ii]Il II[ l! --- I I. City engages in contract with the consultant to have the work performed.' (In the case of private projects, the project applicant shall submit to the city the fees necessary to cover the cost of the initial work and any additional studies as may be required). 12. Review process for the completed study and/er project per city proce- dures. Additional work as required by review process and determined by the city. Work to end upon completion. NOTE: 1. Appropriate measures will be taken to safeguard the confidentiality of proposal s. 2. The city will reserve the right to seek proposals from other firms in addition to those on the list when circumstances require that it is in' the best interest of the community to do so. [lIT! I! l lll'lfill