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HomeMy WebLinkAboutReso - CC - 026-1973CITY OF BURLINGAME RULES AND REGULATIONS FOR THE MAKING OF ENVIRONMENTAL IMPACT REPORTS Page I DEFINITIONS . . . . . . . . . . . . . . . . II PURPOSE . . . . . . . . . . . . . . . . . . III POLICY . . . . . . . . . . . . . . . . . . . IV EXEMPTIONS . . . . . . . . . . . . . . . . . Ongoing projects . . . . . . . . . . . . . Emergency projects. . . . . . . . . . . . Feasibility and planning studies . . . . . . . . . . . . . . . . 10 Ministerial projects. . . . . . . . . . . 10 Categorical exemptions. . . . . . . . . . 18 V EXEMPTION DETERMINATIONS. . . . . . . . . . 23 VI NEGATIVE DECLARATIONS . . . . . . . . . . . 26 VII EVALUATING PROJECTS . . . . . . . . . . . . 27 Preliminary environmental assessment. . . . . . . . . . . . . . . 28 Resolution No. 26-73 (as amended) Operative April 5, 1973 Page 2 Page VII EVALUATING PROJECTS, cont. Environmental assessment . . . . . . . 29 Determining significant effect. . . . . . . . . . . . . . . 30 VIII CONTENTS OF EIRs., . . . . . . . . . . . . 31 IX HEARINGS BY PLANNING COMMISSION AND BY CITY COUNCIL. . . . . . . . . . 36 X GENERAL PROVISIONS. . . XI LEGAL PROVISIONS . . . . . . . . . . . . . 40 Resolution No. 26-73 (as amended) Operative April 5, 1973 RESOLUTION NO. 26-73 RESOLUTION ADOPTING OBJECTIVES, CRITERIA AND PROCEDURES AS REQUIRED BY THE ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED WHEREAS, the Environmental Quality Act of 1970, as amended (Public Resources Code §21050-§21174), requires all public agencies to adopt objectives, criteria and procedures for its implementation and; WHEREAS, the City Council of the City of Burlingame desires by this Resolution to combine into its planning, re- view and project approval process the necessary procedures to determine whether a project has a significant effect on the environment; and WHEREAS, it is necessary that the criteria and the procedures provide for an adequate and objective report on the effect on the environment of the applicable project; NOW, THEREFORE, BE IT RESOLVED as follows: I DEFINITIONS 1.1 General 1.2 Approval 1.3 CEQA - California Environmental Quality Act 1.4 Categorical exemption 1.5 Discretionary project 1.6 Emergency 1.7 Environment 1.8 EIR - Environmental Impact Report - 1 - 1.9 EIS - Environmental Impact Statement 1.10 Feasible 1.11 Guidelines 1.12 Ministerial projects 1.13 Negative declaration. 1.14 Notice of completion 1.15 Notice of determination 1.16 Person 1.17 Project 1.18 Public agency 1.19 Responsible agency 1.20 Significant effect 1.1 General. Whenever the following words are used in this resolution, unless otherwise defined, they shall have the meaning ascribed to them in this article. These definitions are intended to clarify but not to replace or negate the defini- used in CEQA. 1.2 Approval means the decision by the City which commits the City to a definite course of action in regard to a project intended to be carried out by any person. In connection with private activities, approval occurs upon the earliest commitment to issue or the issuance by the City of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. 1.3 CEQA - California Environmental Qualit Act. Environmental Quality Act CEQA means California Public Resources Code §§21000 through 21174. 1.4 Categorical Exemption. Categorical Exemption means - 2 - an exception from the requirement for the preparation of an en- vironmental impact report based on a finding that the project does not have a significant effect on the environment and that it falls within one or more of the classes of projects set forth in Article 8 of the Guidelines. (See §4.5 of this Resolution). 1.5 Discretionary Project. Discretionary project means an activity defined as a project which requires the exer- cise of judgment, deliberation, or decision on the part of the City Council, Planning or other Commission, or any officer, agent, servant or employee of the City, in the process of approving or disapproving a particular activity, as distinguished from situa- tions where it is necessary merely to determine whether there has been conformity with applicable statutes, ordinances, or regula- tions. 1.6 EEmmeergency. Emergency means a sudden and catastroph- ic calamity cause —by an occurrence or combination of occurrences of statewide or local impact, such as fire, flood, earthquake or other natural disaster, riot, war, accident, or sabotage. 1.7 Environment. Environment means the physical con- ditions which exist irn the area which will be affected by a pro- posed project including land, air, water, minerals, flora, fauna, ambient noise, objects of historic or aesthetic significance. 1.8 EIR - Environmental Impact Report. Environmental Impact Report (EIR) means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of the California Environmental Quality Act. (a) Draft EIR means an EIR containing the information specified in this Resolution. (b) Final EIR means an EIR containing the information specified in this Resolution, a section for com- ments received in the consultation process, and the response of the appropriate department head to the comments received. 1.9 EIS - Environmental Impact Statement. Environmental Impact Statement rEIS means an environmental impact report pre- pared pursuant to the National Environmental Policy Act (NEPA). The Federal Government uses the term EIS in the place of the term EIR which is used in CEQA. - 3 - 1.10 Feasible. Feasible means capable of being ac- complished in a successful manner by reasonably available, economic, and workable means. 1.11 Guidelines. The document entitled "Guidelines for Implementation of the California Environmental Quality Act of 1970", adopted by the California Resources Agency on February 3, 1973, and promulgated by the Secretary for Resources, and in- cluding any amendments thereto, being Division 6, Title 14, California Administrative Code. 1.12 Ministerial Projects. Ministerial projects as a general rule, include those activit es defined as projects which are undertaken or approved by a governmental decision which a public officer or public agency makes upon a given state of facts in a prescribed manner in obedience to the mandate of legal author- ity. With these projects, the officer or agency must act upon the given facts without regard to his own judgment or opinion concern- ing the propriety or wisdom of the act although the statute, ordi- nance, or regulation may require, in some degree, a construction of its language by the officer. 1.13 Negative Declaration. Negative declaration means a statement by the Council, commission or officer that will carry out or approve a project;that a project, although not categori- cally exempt, would not have a significant effect on the environ- ment and therefore does not require an EIR. The term "Exemption Declaration" is interchangeable with the term "Negative Declaration." 1.14 Notice of Completion. Notice of Completion means a brief report filed with the Secretary for Resources as soon as the Council or the responsible Commission or officer has completed a draft EIR and is prepared to send out copies for review. 1.15 Notice of Determination. Notice of Determination means a brief notice to be filed by the Council or responsible Commission or officer when it approves or determines to carry out a project which is subject to the requirements of CEQA. 1.16 Person. Person includes any person, firm, associa- tion, organization, partnership, business, trust, corporation, com- pany, district, county, city and county, city, town, the State, and any of the agencies' political subdivisions of such entities. 1.17 Project. (a) Project means the whole of an action, resulting in physical impact on the environment, directly or ultimately, that is any of the following: (1) an activity directly undertaken by any public agency including but not limited to public works construction and related b activities, clearing or grading of land, improvements to existing public struc- tures, enactment and amendment of zoning ordinances, and the adoption of local General Plans or elements thereof. (2) an activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, sub- sidies, loans, or other forms of assist- ance from one or more public agencies. (3) an activity involving the issuance to a person of a lease, permit, license, cer- tificate, or other entitlement for use by one or more public agencies. (b) Project does not include: (1) Anything specifically exempted by State law; (2) Proposals for legislation to be enacted by the State Legislature. (3) Continuing administrative or maintenance activities, such as purchases for sup- plies, personnel -related actions, emer- gency repairs to public service facilities, general policy and procedure making (except as they are applied to specific instances covered above), fea- sibility or planning studies. (4) The submittal of proposals to a vote of the people of the State or of a partic- ular community. 1.18 Public Agency. Public agency includes any state agency, board or commission and any local or regional agency, as - 5 - defined in these Guidelines. It does not include the courts of the State. This term does not include agencies of the federal government. 1.19 Responsible Agency. Responsible agency means the public agency which proposes to undertake or approve a project, and is responsible for making a Negative Declaration or for the preparation of an EIR. 1.20 Significant Effect. Significant effect means a substantial adverse impact on the environment. II PURPOSE 2.1 Purpose 2.1 Purpose. The purpose of this Resolution is to implement the Environmental Quality Act of 1970 and the Guide- lines insofar as each is applicable to the City. III POLICY 3.1 Legislative declaration 3.2 State policy 3.3 Informational document 3.1 Legislative Declaration. The Legislature has declared that: (a) Every citizen has a responsibility to contri- bute to the preservation and enhancement of the environment. (b) It is the intent of the Legislature that all agencies of the state government which regu- late activities of private individuals, cor- porations, and public agencies which are found to affect the quality of the environ- ment, shall regulate such activities so that major consideration is given to preventing environmental damage. . 3.2 State Policy. The Legislature has declared that it is the policy of the state to: (a) Develop and maintain a high -quality environ- ment now and in the future, and take all action necessary to protect, rehabilitate, and enhance the environmental quality of the state. (b) Take all action necessary to provide the peo- ple of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and free- dom from excessive noise. (c) Prevent the elimination of fish or wildlife species due to man's activities, insure that fish and wildlife populations do not drop be- low self-perpetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history. (d) Ensure that the long-term protection of the environment shall be the guiding criterion in public decisions. (e) Create and maintain conditions under which man and nature can exist in productive har- mony to fulfill the social and economic re- quirements of present and future generations. (f) Require governmental agencies at all levels to develop standards and procedures neces- sary to protect environmental quality. (g) Require governmental agencies at all levels to consider qualitative factors as well as economic and technical factors and long-term benefits and costs, in addition to short- term benefits and costs and to consider alter- natives to proposed actions affecting the environment. 3.3 Informational Document. The Secretary for Resources has declared in the Guidelines that an Environmental - 7 - Impact Report is an informational document which, when fully pre- pared in accordance with the CEQA and the Guidelines, will inform public decision -makers and the general public of the environmen- tal effects of projects they propose to carry out or approve. The EIR process is intended to enable publ IV, EXEMPTIONS 4.1 Ongoing projects i 4.2 Emergency projects 4.3 Feasibility and planning studies 4.4 Ministerial projects 4.5 Categorical exemptions The following projects shall be exempt from the require- ments for an environmental report: 4.1 Ongoing projects. (a) A project as defined in paragraph 1.17 (a)(1) of this resolution approved prior to November 23, 1970, shall not require an Evnironmental Impact Report or a Negative Declaration -- unless it is a project which may have a significant effect on the environment, and (a) A substantial portion of public funds allocated for the project have not been spent and it is still feasible to modify the project in such a way as to mitigate against potentially adverse environmental effects, or to choose feasible alterna- tives to the project, including the alternative of "no project" or halting the project; or am (2) The responsible agency proposes a modi- fication to the project plan, such that the project might have a new signifi- cant effect on the environment. (b) Notwithstanding the above, projects which come under the jurisdiction of the National Environ- mental Policy Act (NEPA) and which, through regulations promulgated under NEPA, were held to be too far advanced at the time of NEPA's effective date to require an EIS in compliance with those Guidelines, do not require an EIR under CEQA -- unless they fall under (2) above. (c) A project as defined in paragraph 1.17 (a) (3) or contracts described in paragraph 1.17 (a) (2) of this Resolution, approved prior to December 5, 1972, does not require an EIR. How- ever, any project legally challenged prior to this date for noncompliance with the CEQA shall be bound by special rules set forth in Section 21170 of the CEQA. (d) Where a project involving the issuance of a lease, permit, license, certificate, or other entitlement to use has been granted a discre- tionary governmental approval for part of the project before April 5, 1973, and requires anoth- er, or additional discretionary governmental approvals after April 5, 1973, the project shall require the preparation of an EIR only if the approval or approvals after April 5, 1973, in- volve a greater degree of responsibility and control over the project as a whole. 4.2 Emergency Projects. The following emergency pro- jects are exempt from the requirements for an environmental im- pact report: (a) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, de- molish or replace property or facilities damaged or destroyed as a result of a disaster in a dis- aster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government Code. (b) Emergency repairs to public service facilities necessary to maintain service. (c) Projects undertaken as immediate action neces- sary to prevent or mitigate an emergency. 4.3 Feasibility and Planning Studies. A project involv- ing only feasibility or planning studies for possible future ac- tions which has not been approved, adopted, or funded does not re- quire the preparation of an environmental impact report but does require consideration of environmental factors. 4.4 Ministerial Projects. (a) Ministerial projects do not require the preparation of environmental impact reports. (b) The issuance of the following permits or appro- vals shall be deemed to be ministerial actions for the purposes of this Resolution: BUILDING INSPECTOR Buildings and structures Addition Alteration Electrical work New construction Plumbing work Remodeling Repair Fences Radio and television antennas Signs not subject to special use permit Swimming pools - 10 - CITY COUNCIL Amusements listed in Chapter 6.16, Municipal Code Auctions of goods, wares and merchandise Certificate of public convenience and necessity for the operation of taxicabs Subdivision maps (final) Used automobile dealers business license CITY ENGINEER AND DIRECTOR OF PUBLIC WORKS Construction and repair of sidewalks, curbs and driveways Minor excavations in public streets and highways Parking strip paving Water, sewer and stormdrain connections Water wells CITY MANAGER Street banners Street flags Public telephone booths on public sidewalks CITY PLANNER AND PLANNING COMMISSION Parcel maps Resubdivision maps - 12 - DIRECTOR OF PARKS Park strip paving Street trees (planting) Street trees (pruning) Trimming or bracing trees (Public utilities) DIRECTOR OF RECREATION Park facilities (Use) Recreation facilities (Use) - 13 - 0 FIRE DEPARTMENT Paint Burning Acetylene Generator Ammunition Auto Tire Rebuilding Plant Blasting Agents Bonfires Bowling Establishments Calcium Carbide Storage Cellulose Nitrate Motion Picture Film Cellulose Nitrate Plastics Combustible Fibers Combustible Materials Compressed Gases Containers for Welding & Cutting Gases Dipping Operations - Flammable Finishes Dust Producing Materials - Plants Handling Explosives Fireworks Display Flammable Finishes - 14 - FIRE DEPARTMENT, continued Flammable or Combustible Liquids Fumigation Garages Repair Hazardous Chemicals Liquified Petroleum Gases Lumber Yards Magnesium Matches Oil Burning Equipment Organic Coatings Ovens and Furnaces Places of Assembly Rubbish Fires Spraying Operations, Flammable Finishes Storing Readily Combustible Materials Tents Thermal Insecticidal Fogging Waste Material Handling Plants Welding and Cutting - 15 - FIRE DEPARTMENT, continued Woodworking Plants Automatic Dispensing Devices Fire Hydrants Fire Extinguishing Systems Fire Alarm Systems Location of Fire Extinguishing Appliance Fire Hose and Hose Pack On Site Facilities and Adequate Water Supply HEALTH DEPARTMENT Food establishments - 16 - LICENSE COLLECTOR Business licenses Closing out sales Garage sales Home occupations Massage parlors Peddlers and solicitors POLICE DEPARTMENT Overnight vehicular parking Taxicab drivers - 17 - (c) The list of ministerial projects set forth in this Article may be added to from time to time by order of the City Manager, who shall advise the City Council in writing of such addition at the next regular Council Meeting following his action. Thereafter, such additional minis- terial•project shall be included in the fore- going lists as fully as if set forth in this Article, unless the City Council shall suspend, modify or disapprove of his determination. The City Manager shall first consult with the appropriate department head and with the City Attorney before taking such action and his de- termination shall be in accordance with the definition of "ministerial action" as set forth in 1.12, above. 4.5 Categorical exemptions.a.Pursuant to the provi- sions of CEQA, the Secretary for Resources has found that the following classes of projects listed in this article do not have a significant effect on the environment and they are declared to be categorically exempt from the requirement for the preparation of an EIR. Class 1: Existing Facilities. Class 1 consists of the operation, repair, maintenance or minor altera- tion of existing public or private structures, facil- ities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that previously existing, including but not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; (b) Existing facilities of both investor, and pub- licly owned utilities used to convey or distri- bute electric power, natural gas, sewage, etc.; (c) Existing highways and streets (within already established rights-of-:aay), sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; (d) Restoration, or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, land- slide or flood; (e) Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition or alteration, or 2500 square feet, whichever is less; (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities or mechani- cal equipment, or topographical features (in- cluding navigational devices) where these devices do not have or result in an adverse environmental impact; (g) New copy on existing on and off -premise signs; (h) Maintenance of existing landscaping, native growth and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code); (i) Maintenance of fish screens, fish ladders, wild- life habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. (j) Fish stocking by the California Department of Fish and Game. (k) Division of existing multiple family rental units into condominiums. (1) Demolition and removal of buildings and related structures except where they are of historical, archaeological or architectural consequence as officially designated by Federal, State or local governmental action. - 19 - Class 2: Replacement or Reconstruction. Class 2 con- sists of replacement or reccnstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capac- ity as the structure replaced, including but not limited to: (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 500. (b) Replacement of a commercial structure with a new structure of substantially the same size and pur- pose. Class 3: New Construction of Small Structures. Class 3 consists of construction and location of single, new facilities or structures listed in this notice and in- stallation of new equipment and facilities including but not limited to: (a) Single family residences not in conjunction with the building of two or more such units. (b) Motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunc- tion with the building of two or more such structures. (c) Stores, offices, and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the building of two or more such structures. (d) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction; (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. Class 4: Minor Alterations to Land. Class 4 consists - 20 - of minor public or private alterations in the con- dition of land, water and/or vegetation, including but not limited to: . (a) Grading on land with a slope of less than 10 percent, except where it is to be located in a waterway, in any wetland, in an officially designated (by Federal, State or Local govern- mental action) scenic area, or in officially mapped areas of severe geologic hazard;' (b) New gardening or landscaping but not including Y tree removal; (c) Filling of earth into previously excavated land with material compatible with the natural fea- tures of the site; (d) Minor alterations in land, water and vegetation on existing officially designated wildlife man- agement areas of fish production facilities which result in improvement of habitats for fish and wildlife resources or greater fish produc- tion; (e) Minor temporary uses of land having negligible or no permanent effects on the environment, in- cluding carnivals, sales of Christmas trees, etc. Class 5: Alterations in Land Use Limitations. Class 5 consists of minor alterations in land use 1 mita- tions, except zoning, including but not limited to: (a) Minor lot line adjustments, side yard and set back variances not resulting in the creation of any new parcel nor in any change in land use or density; (b) Issuance of minor encroachment permits. Class 6: Information Collection. Class 6 consists of basic date collection, research, experimental manage- ment and resource evaluation activities which do not result in a serious or major disturbance to any environ- mental resource. These may be for strictly information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded. - 21 - �! Class 7: Regulatory Actions for Protection of Natural Resources. Class 7 consists of actions taken by regu- latory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, or enhancement of a natural resource, including but not limited to wildlife preservation. Class 8: Regulatory Actions for the P'rOtectlori of the Environment. Class 8 consists of actions taken by regu atory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment. Class 9: Inspections. Class 9 consists of activities limT ted entirely y Inspection, to check for perfor- mance of an operation, or quality, health or safety of a project, including related activities such as inspec- tion for possible mislabeling, misrepresentation or adulteration of products. Class 10: Loans. Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. Class 11. Accessory Structures. Class 11 consists of construction, or placement of minor structures acces- sory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (a) On -premise signs; (b) Small parking lots. Class 12: Surplus Government Property Sales. Class 12 consists of sales of surplus government property except for parcels of, land. (b) Exception by Location. Class 3, 4, 5 and 11 are qualified by considerations of where the project is to be located, -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, EXCEPT where the project may impact on an en- vironmental resource, or hazard of critical concern as may be hereafter designated, precisely mapped, and officially adopted pursuant to law. Moreover, all exemptions for these classes are - 22 - inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant -- for example, annual additions to an existing building under Class 1. (c) Determinations that actions or activities are categorically exempt which are not listed as actions or activi- ties within the foregoing 12 classes of categorical exemptions shall be made by the City Manager, who shall advise the City Council in writing of his determinations at the next regular Council Meeting following his action. Thereafter, such addi- tional categorical exemptions shall be added to the appropriate classes as fully as if set forth in this Article, unless the City Council shall suspend, modify or disapprove of his deter- mination. The City Manager shall first consult with the appro- priate department head and with the City Attorney before making any such determination, and his determination shall be consis- tent with the nature of the class. The foregoing 12 classes of categorical exemptions, having been established exclusively by the Secretary of Resources as required by CEQA, the City Manager shall have no authority to add to the number of classes or to delete any class. V EXEMPTION DETERMINATION 5.1 Decisions 5.2 Posting notice 5.3 Appeal 5.4 Determination and finality of appeal 5.5 Filing Notice of Determination 5.6 Determination of possible significant effect 5.1 Decisions. The decision concerning the exemptions set forth in Article IV shall be made by the following officers: - 23 - EXEMPTION OFFICER Ongoing projects City Manager Emergency projects City Manager Feasibility and planning studies City Manager Ministerial projects City Manager Categorical exemptions: Class 1: Existing facilities Building Inspector Class 2: Replacement of con- struction Building Inspector Class 3: New construction of small structures (a) through (c); Building Inspector (e), (d) City Engineer Class 4: Minor alterations to land: (a) and (c) City Engineer (b) Director of Parks (d) and (e) City Planner Class 5: Alterations in land use limitations City Planner Class 6: Information collec- City Manager tion or his assignee Class 7: Regulatory actions for protection of City Engineer or natural resources City Planner Class 8: Regulatory actions for protection of City Engineer or the environment City Planner Class 9: Inspections Health Department - 24 - EXEMPTION Class 10: Loans Class 11: Accessory structures Class 12: Surplus government property sales OFFICER City Manager Building Inspector City Manager 5.2 Posting Notice. Upon the determination by the officer designated above of the exemption set forth under Article IV, he shall file with the City Clerk a Notice of Determination and the City Clerk shall post said notice in the lobby of City Hall near the doors of the Council Chamber for a period of 10 days after filing. The 10 days shall commence as of the date of post- ing the notice, excluding the first day and including the last day. During the 10-day period, the applicant or any other person may appeal the decision of the determining officer by filing a Notice of Appeal with the City Clerk within said 10-day period. 5.3 Appeal. In the event that there is an appeal of said Notice of Determination within the period prescribed, the City Clerk shall post notice of that fact and set the date that the matter will be heard upon the agenda of the Decision Making Body, which is the City Council in all cases except when the City Planner is the designated officer, in which cases the Decision Making Body shall be the Planning Commission. Hearing of the appeal shall be set not less than 10 days nor more than 45 days after the date of filing of the Notice of Appeal. 5.4 Determination and finality of appeal. On the date set, the Decision Making Body shall consider the appeal and determine all matters in connection therewith. Its decision shall be final, except that decisions of the Planning Commission may be appealed to the City Council in the time and manner provided in Article IX. 5.5 Filing Notice of Determination. In the event the Decision Making Body determines that said project will not have a significant effect upon the environment, the City Clerk shall file a Notice of.Determination in the form attached, marked Exhibit A, with the County Clerk of the County of San Mateo. 5.6 Determination of possible signficant effect. In the event the officer designated above determines that the pro- ject may have a signficant effect on the environment, he shall prepare a preliminary environmental assessment as required by the - 25 - provisions of Article VII , below, and an environmental assess- ment and and EIR shall also be prepared if required by the pro- visions of Articles VII and VIII, below. VI NEGATIVE DECLARATIONS 6.1 Negative Declaration 6.2 Posting notice 6.3 Appeal 6.4 Determination and finality of appeal 6.5 Filing notice of determination 6.1 Negative Declaration. A Negative Declaration shall be prepared for a project which would ordinarily be ex- pected to have a significant effect on the environment, but which the processing official finds will have no significant effect on the environment due to circumstances peculiar to the specific project. (a) A Negative Declaration must include a descrip- tion of the project as proposed, and a finding that the project will not have a significant effect on the environment, and shall be in the form attached, marked Exhibit B. 6.2 Posting notice. When the processing official prepares a Negative Declaration, he shall file it with the City Clerk who shall post it in the lobby of the City Hall near the doors of the Council Chamber for a period of 10 days after filing. The 10 days shall commence as of the date of posting the. Declaration, excluding the first day and including the last day. During the 10-day period, the applicant or any other per- son may appeal the decision of the processing official by fil- ing a Notice of Appeal with the City Clerk within said 10-day period. 6.3 Appeal. In the event that there is an appeal of said Negative Declaration within the applicable period, the City Clerk shall post notice of that fact and set the date that the matter will be heard upon the agenda of the Decision Making - 26 - Body, which is the City Council in all cases except when the City Planner is the processing official, in which cases the Decision Making Body shall be the Planning Commission. Hear- ing of the appeal shall be set not less than 10 days nor more than 45 days after the date of filing of the Notice of Appeal. 6.4 Determination and finality ocnsf appeal. On the date set, the Decision Making Body shall oider the appeal and determine all matters in connection therewith. Its deci- sion shall be final, except that decisions of the Planning Commission may be appealed to the City Council in the time and manner provided in Article IX. 6.5 Filing Notice of Determination. If no objec- tion to the Negative Declaration is made within 10 days of the posting or, in the event of an appeal, after decision thereon, thereafter, and upon approval or disapproval of the project, the City Clerk shall file a copy of the Negative Declaration and a Notice of Determination with the County Clerk, County of San Mateo. VII EVALUATING PROJECTS 7.1 Development of procedure by City Planner 7.2 Data from applicant (Preliminary Environ- mental Assessment) 7.3 Recommendation by processing official 7.4 Environmental assessment by City Planner 7.5 Data from applicant (Environmental Assessment) 7.6 Recommendation by City Planner 7.7 Policy favoring making EIR 7.8 Primary and secondary consequences 7.9 Examples 7.10 Mandatory findings of significance -27- Preliminary Environmental Assessment 7.1 Development of procedure by City Planner. The City Planner shall develop a procedure for environmental as- sessments of projects. Such procedure may be in the form of a questionnaire, matrix, or any other form, and may be amended by him from time to time. Such procedures and amendments shall be effective upon approval of the City Council. 7.2 Data from applicant. The city official who receives a project for processing may require the applicant to provide all or any part of the base information on the project and its proposed environment necessary for a preliminary environmental assessment of the project. 7.3 Recommendation by processing official. When a project is submitted to the city for processing, the city official responsible for the processing shall make a preliminary environ- mental assessment of the project. If he determines that the pro- ject qualifies for a categorical exemption, or for a Negative Declaration, he shall record his recommendation in writing. (a) If he recommends that a project qualifies for a categorical exemption, he shall transmit the project to the City Planner who, as decision maker, shall confirm or reject this recommen- dation and record his finding in writing. (b) If he determines that the project does not qualify for a categorical exemption, he shall record the recommendation in writing and transmit the project to the City Planner, as decision maker, for a preliminary environmental assessment. (c) If he finds that the project quailifies for a Negative Declaration, he shall make and post such declaration as provided in Article VII. (d) If the City Planner is the processing official, then his recommendations with respect to quali- fication or non -qualification of the project as categorically exempt or his determination that the project qualifies for a Negative Declaration, shall be transmitted by him to the Planning Commission as decision maker. MM (e) The determination of the decision maker on pre- liminary environmental assessments shall be final, provided, however, that any such decision may be appealed to the Planning Commission or City Council in the time and manner set forth in Article IX. Environmental Assessment 7.4 Environmental Assessment by City Planner. The City Planner shall make an environmental assessment for the following after payment of the appropriate fee: (a) Any project which does not qualify for a cate- gorical exemption and which may require an environmental impact report under CEQA. (b) Any project which is submitted by the appli- cant prior to submission of the project to the City for departmental action. 7.5 Data from applicant. The City Planner may re- quire the applicant to provide all or a part of the base data on the proposed project and its environment necessary for an environmental assessment of the project. 7.6 Recommendation by City Planner. If the City Planner finds that a project may have a significant effect on the environment, he shall record this recommendation in writ- ing and, after the payment of the appropriate fee, prepare an environmental impact report for the project. If the City Planner finds that a project will not have a significant effect on the environment, he shall record this recommendation in writing and return the project to the appropriate city official or to the applicant, as the case may be. The decision of the City Planner shall be final, except that if the project or pro- posed project is one in which he is the processing official, then his determination shall be a recommendation only, and shall be transmitted to the Planning Commission for action as the decision maker. Determining Significant Effect 7.7 Policy favoring making EIR. Where there is, or is anticipated to be, a substantial body of opinion that con- siders or will consider the effect to be adverse, then an EIR should be prepared to explore the environmental effects involved. -29- 7.8 Primary and secondary consequences. In evaluat- ing the significance of the environmental effect of a project, both primary and secondary consequences shall be considered. Primary consequences are immediately related to the project (the construction of a new treatment plant may facilitate popu- lation growth in a particular area), while secondary consequences are related more to primary consequences than to the project it- self (an impact upon the resource base, including land, air, water and energy use of the area in question may result from the population growth). 7.9 Examples. Some examples of consequences which may have a significant effect on the environment in connection with most projects where they occur, include the following: (a) It is in conflict with environmental plans and goals that have been adopted by the com- munity where the project is to be located; (b) Has a substantial and demonstrable negative aesthetic effect; (c) Substantially affects a rare or endangered species of animal or plant, or habitat of such a species; (d) Causes substantial interference with the movement of any resident or migratory fish or wildlife species; (e) Breaches any published national, state, or local standards relating to solid waste or litter control; (f) Results in a substantial detrimental effect on air or water quality, or on ambient noise levels for adjoining areas; (g) Involves the possibility of contaminating a public water supply system or adversely affecting ground water; (h) Could cause substantial flooding, erosion or siltation; (i) Is subject to major geological hazards. - 30 - 7.10 Mandatory Findings of Significance. In every case where any of the following condITions are found to exist as a result of a project, the project will be found to have a significant effect on the environment: (a) Impacts which have the potential to degrade the quality of the environment, curtail the range of the environment. (b) Impacts which achieve short-term, to the dis- advantage of long-term, environmental goals. A short-term impact on the environment is one which occurs in a relatively brief, defini- tive period of time while long-term impacts will endure well into the future. (c) Impacts for a project which are individually limited, but cumulatively considerable. A project may impact on two or more separate resources where the impact on each resource is relatively small. If the effect of the total of those impacts on the environment is significant, an EIR must be prepared. This mandatory finding of significance does not apply to two or more separate projects where the impact of each is insignificant. (d) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. VIII CONTENTS OF ENVIRONMENTAL IMPACT REPORTS 8.1 General 8.2 Description of project 8.3 Description of environmental setting 8.4 Environmental impact 8.5 Organizations and persons consulted 8.6 Water quality aspects - 31 - 8.7 Contents of Final environmental impact report 8.8 Posting notice 8.9 Notice.of Completion 8.1 General. Environmental impact reports shall con- tain the information outlined in this article. 8.2 Descr�tioof Project. The description of the project shall contain tnhe following information but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact. (a) The precise location and boundaries of the proposed project shall be shown on a detailed map, preferably topographic. The location of the project shall also appear on a regional map.' (b) A statement of the objectives sought by the proposed project. (c) A general description of the project's tech- nical, economic, and environmental character- istics, considering the principal engineering proposals. 8.3 -Description of Environmental Setting. An EIR must include a description of the environment in the vicinity of the project, as it exists before commencement of the project from both a local and regional perspective. Knowledge of the regional setting is critical to the assessment of environmental impacts. Special emphasis should be placed on environmental resources that are rare or unique to the region. Specific re- ference to related projects, both public and private, both existent and planned, in the region should also be included, for purposes of examining the possible cumulative impact of such projects. 8.4 Environmental Impact. All phases of a project must be considered when evaluating its impact on the environ- ment: planning, acquisition, development and operation. The following subject shall be discussed, preferably in separate sections or paragraphs. - 32 - (a) The Environmental Impact of the Proposed Action: Describe the direct and indirect impacts of the project on the environment, giving due consideration to both the short- term and long-term effects. It should include specifics of the area, the resources involved, physical changes, alter- ations to ecological systems and changes in- duced in population distribution, population concentration, the human use of the land (including commercial and residential develop- ment) and other aspects of the resource base such as water, scenic quality and public services. (b) A_ny Adverse Environmental Effects Which Can- not be Avoided if the Proposal is Implemented: Describe any adverse impacts, including those which can be reduced to an insignificant level but riot eliminated. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed, not- withstanding their effect, should be described. Do not neglect impacts on any aesthetically valuable surroundings, or on human health. (c) Mitigation Measures Proposed to Minimize the Impact: Describe any mitigation measures written into the project plan to reduce signi- ficant environmentally adverse impacts to insignificant levels, and the basis for con- sidering these levels acceptable. Where a particular mitigation measure has been chosen from among several, alternatives should be discussed and reasons should be given for the choice made. (d) Alternatives to the Proposed Action: Describe any known alternatives to the project, or to the location of the project, which could fea- sibly attain the basic objectives of the pro- ject, and why they were rejected in favor of the ultimate choice. The specific alterna- tive of "no project" must also always be evalu- ated, along with the impact. Attention should - 33 - be paid to alternatives capable of substan- tially reducing or eliminating any environ- mentally adverse impacts, even if these alternatives substantially impede the at- tainment of the project objectives, and are more costly. (e) The Relationship Between Local Short -Term Uses of Man 's Environment and the Mainten- ance ana tnnancement of iong—rerm Productivity: Describe the cumulative and ong-term effects of the proposed project which adversely affect the state of the environment. Special attention should be given to impacts which narrow the range of beneficial uses of the environment or pose long-term risks to health or safety. In addition, the reasons why the proposed pro- ject is believed by the sponsor to be justified now, rather than reserving an option for further alternatives, should be explained. (f) Any Irreversible Environmental Changes Which Wouid be Involved in the Proposed_ Action Should it be Implemented: Uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or nonuse there- after unlikely. Primary impacts and, par- ticularly, secondary impacts (such as a highway improvement which provides access to a nonaccessible area) generally commit future generations to similar uses. Also, irreversible damage can result from environ- mental accidents associated with the project. Irretrievable commitments of resources should be evaluated to assure that such current con- sumption is justified. (g) The Growth -Inducing Impact of the Proposed Action: Discuss the ways in which the pro- posed project could foster economic or popu- lation growth, either directly or indirectly, in the surrounding environment. Included in - 34 - this are projects which would remove obsta- cles to population growth (a major expansion of a waste water treatment plant might, for example, allow for more construction in ser- vice areas). Increases in the population may further tax existing community service facilities so consideration must be given to this impact. Also discuss the characteristic of some projects which may encourage and facilitate other activities that could signi- ficantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little signifi- cance to the environment. 8.5 Organizations and Persons Consulted. The identity of all federal, state or local agencies, other organizations and private individuals consulted in preparing the EIR, and the identity of the persons, firm or agency preparing the EIR, by contract or other authorization must be given. 8.6 Water Quality Aspects. With respect to water quality aspects of the proposed project which have been previously certified by the appropriate state or interstate organization as being in substantial complaince with applicable water quality standards, reference to the certification should be made. 8.7 Contents of Final Environmental Impact Report. (a) The Final EIR shall consist of the Draft EIR containing the elements described in Sections 6.2. 6.3 and 6.4 of this Resolution, a section containing the comments received through the consultation process, either verbatim or in summary, and the response of the decision maker to the significant environmental points raised in the review and consultation process. (b) The response of the decision maker to comments received may take the form of a revision of the Draft EIR or may be an attachment to the Draft EIR. The response shall describe the disposition of significant environmental is- sues raised (e.g., revisions to the proposed -35- project to mitigate anticipated impacts or objections). In particular, the major issues raised when the decision maker's position is at variance with recommendations and objec- tions raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted, and factors of overriding importance warranting an over- ride of the suggestions. 8.8 Posting notice. (a) When a draft EIR is available for review, it shall be filed with the City Clerk who shall post notice thereof. A period of 10 days shall be allowed for public review of the draft. (b) When a final EIR is prepared, it shall be filed with the City Clerk who shall post notice there- of. A period of 10 days shall be allowed for the review. (c) Notices required by this Article shall be posted at the City Hall near the doors to the Council Chamber. 8.9 Notice of Completion. When a draft able for review, the City Clerk shall mail a Notice in the form set forth in Exhibit C, attached,to the for Resources, at Sacramento, California. IX HEARINGS BY PLANNING COMMISSION AND BY CITY COUNCIL 9.1 Hearings by Planning Commission 9.2 Hearings by City Council 9.3 Finality of Decisions 9.1 Hearings by Planning Commission. EIR is avail - of Completion Secretary - 36 - (a) The following projects are described as discre- tionary by §21080(a), CEQA: (1) Enactment and amendment of zoning ordinances. (2) Issuance of zoning variances. (3) Issuance of conditional use permits. (4) Approval of tentative subdivision maps. Any application for any of the 4 projects listed, or for any other discretionary project under Title 25 (ZONING) of the Municipal Code, shall be accompanied by an EIR prepared pursuant to the provisions of Article VIS. A final EIR shall be considered, heard and made by the Planning Commission when it hears and acts upon the project application. (b) The Planning Commission shall also hear appeals from the following determinations of the City Planner: (1) Exemption determinations under Article V. (2) Negative Declarations under Article VI. 9.2 Hearings by City Council. The City Council shall consider, hear and make all other EIRs, shall hear appeals from the exemption determinations and Negative Declarations of all officers and officials except the City Planner, and shall hear appeals from other decisions of the Planning Commission. Appeals shall follow those procedures set forth in Sections 5.2 and 5.3. 9.3 Finality of Decisions. (a) The Planning Commission, or the City Council as the case may be, when hearing an appeal, may approve, modify or disapprove the action from which the appeal is taken. (b) All decisions of the City Council are final. -37- X GENERAL PROVISIONS 10.1 Submission of information 10.2 Fees 10.3 Public projects 10.4 Federal projects 10.5 Public comment 10.6 Continuances 10.7 Authority to sign findings 10.1 Submission of information. (a) In addition to the information required to be furnished under the provisions of §7.2 and §7.5 of Article VII, each project applicant, at the direction of the City Planner, shall submit all additional information deemed by that official to be necessary, advisable, or convenient for the preparation of an EIR. (b) The City Planner may, in his discretion, re- quire the project applicant to submit a draft EIR. (c) The City Planner may compile and keep up to date a list of consultants or experts who, in I" his opinion, are capable of furnishing required information or of preparing a draft EIR with respect to project applications likely to be submitted to the City. This list shall be fur- nished to any applicant on request without charge. Whenever possible, there shall be at least 3 names within each category of consul- tants appearing on the list. 10.2 Fees. In addition to any other fee required with any project application, the following minimum fees shall be charged to meet the requirements of this Resolution, the Guidelines and CEQA: Amount (a) For determination of exemptions $ -0- (b) For a preliminary environ- mental assessment -0- (c) For a Negative Declaration 25.00 (d) For an environmental assess- ment 25.00 (e) For an EIR 200.00 In each instance, the fee shall be paid prior to preparation of the document. In the event the minimum fees do not meet the full costs, the applicant shall pay the additional costs upon sub- mission of the City's invoice, and in any event, prior to is- suance of the permit, license or other entitlement for which application is made. 10.3 Public projects. The provisions of this Resolution shall apply to all municipal projects of the City of Burlingame, unless the context is clearly inapplicable, and except for the provisions relating to fees. 10.4 Federal projects. In cases where this Resolu- tion requires the preparation of an EIR and an EIS has been or will be prepared for the same project pursuant to the require- ments of the National Environmental Policy Act of 1969 and - 39 - implementing regulations thereto, all or any part of such statement may be submitted in lieu of all or any part of an EIR required by this Resolution, provided that the EIS or the part thereof so used, shall comply with the requirements of this Resolution. In most cases where the federal EIS is used, discussion of mitigation measures and growth inducing impact will have to be added because these elements are required by CEQA but not by the National Environmental Policy Act. 10.6 Continuances. The Decision Making Body may continue any matter relating to proceedings under this Resolu- tion, from time to time, for the purpose of obtaining further information or for obtaining public response. 10.7 Authority to sign findings. Whenever an agency of the City, such as the City Council or the Planning Commission is required by this title to make a finding, such finding may be made orally. The clerk or secretary for such agency hereby is authorized to act on behalf of that agency in making the written finding in the appropriate language on the appropriate document and in signing such appropriate document. XI LEGAL PROVISIONS 11.1 Conflicts 11.2 Commencement of actions 11.3 Severability 11.4 Repeal 11.5 Operative date 11.1 Conflicts. In the event that there is any con- flict between the CEQA and the Guidelines, the CEQA shall.govern. In the event there is any conflict between the CEQA and this Resolution the provisions of the CEQA shall govern. 11.2 Commencement of actions. Any action or pro- ceeding to attack, review, set aside, void, or annual any deter- mination, decision, or governmental action by the city on the - 40 - ground of noncompliance with this Resolution or with the CEQA shall be commenced as follows: (a) Any action or proceeding alleging that the city is carrying out or has approved a project which may have a significant effect on the environment without having determined whether the project may have a significant effect on the environment shall be commenced within 180 days of the city's decision to carry out or approve the project or, if a project is undertaken without a formal decision by the city, within 180 days after com- mencement of the project. (b) Any action or proceeding alleging that the city has improperly determined whether a project may have a significant effect on the environment shall be commenced within 30 days after the fil- ing of the Notice of Determination with the County Clerk. (c) Any action or proceeding alleging that an en- vironmental impact report does not comply with the requirements of the CEQA shall be commenced within 30 days after the filing of the Notice of Determination with the County Clerk. (d) Any action or proceeding alleging any other vio- lation of this Resolution or of the CEQA shall be commenced within 30 days of the alleged violation. 11.3 Severabilit . If any section, subsection, sen- tence, o ause or phrase of this Resolution is for any reason held to be illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby declares that it would have passed this Resolution and each.sec- tion, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared to be illegal, invalid or unconstitutional. - 41 - 11.4 "Repeal. Resolution No. 80-72 entitled "Adopting Rules and Regulations for the Making of Environmental Impact Reports (Private)", adopted on November 6, 1970, and Resolution No. 86-72 entitled "Amending Resolution No. 80-72 (EIR) and Providing for Form of Reports and for Appeals, Fixing Fees and Declaring Presumptions", adopted on November 20, 1972,. are each hereby repealed. 11.5 Operative date. The operative date of this Resolution is Apri 97 . MAYOR I, HERBERT K. WHITE, City Clerk of the Burlingame, do hereby certify that the foregoing was introduced at a regular meeting of the City on the day of 1973, thereafter by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: CITY City of resolution Council held and adopted - 42 - NOTICE OF DETERMINATION TO: County Clerk County of San Mateo Redwood City, Calif. 94063 Responsible Agency Division ect T Address City County Z Contact Person Area Code Phone Ext PROJECT DESCRIPTION, LOCATION: , The City of by on 19 completed a review of the proposed project and determined that: 1. It is exempt as: [ ] ONGOING PROJECT [ ] EMERGENCY PROJECT [ ] FEASIBILITY and PLANNING STUDY [ ] MINISTERIAL PROJECT [ ] CATEGORICAL 2. It have a significant effect on the environm (will or will not) environment. 3. It is (approved or disapproved) An Environmental Impact Report been prepared (has or has not) pursuant to the provisions of the California Environmental Quality Act of 1970, as.amended. Date (Signature and Title) Exhibit "A" NEGATIVE DECLARATION NEGATIVE DECLARATION TO: County Clerk County.of San Mateo Redwood City, Calif. 94063 Responsible Agency Division Project Tit Address City Coun Contact Person Area Code Phone Ext. PROJECT DESCRIPTION, LOCATION: 1 The City of by on 19 completed a review of the proposed project and determined that: 1. It will not have a significant effect on the environment. 2. No Environmental Impact Report is required. Unless appealed within 10 days hereof the determination shall be final. Appealed: [ ] Yes [ ] No. Date Final: By (Signature and Title) Exhibit "B" NOTICE OF COMPLETION TO: SECRETARY FOR RESOURCES 1416 Ninth Street, Room 1311 Sacramento, California 95814 Responsible Agency Division Project Title Address City County Zip Contact Person Area Code Phone Ext. PROJECT DESCRIPTION OF NATURE, PURPOSE, AND BENEFICIARIES 4 Project Location City Project Location. County Address Where Cony of Draft EIR is Available Date• For City of (Signature and Title) Exhibit "C"