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HomeMy WebLinkAboutReso - CC - 080-1972RESOLUTION NO. 80 -72 ADOPTING RULES AND REGULATIONS FOR THE MAKING OF ENVIRONMENTAL IMPACT REPORTS (PRIVATE) WHEREAS, the California Environmental Quality Act of 1970 (Public Resources Code, §§2100 to 21151, inclusive) pro- vides that local governmental agencies which have not adopted a conservation element of their general plan shall make written environmental impact reports on any project they intend to carry out which may have a significant effect on the environment; and WHEREAS, the City Council has authorized the hiring of consultants to assist the City Planner in the preparation of a conservation element and of other additional elements mandated by general law to be included in general plans since the adoption of the existing general plan, but has not as yet adopted any such additional elements, including a conservation element; and WHEREAS, the California Environmental Quality Act of 1970 has been construed by the California Supreme Court to re- quire local governmental agencies, including municipalities, to make an environmental impact report upon all private applications for lease, permit, license, certificate, or other authorization for entitlement of use; and WHEREAS, members of the public and other concerned parties must be given an opportunity to provide input both in the making of the report and the ultimate decision upon the private application based in part upon that report; and WHEREAS, it is imperative that this Council adopt rules N" t� try - 1 - and regulations and provide procedures for the making of environ- mental impact reports upon private applications for any lease, permit, license, certificate, or other authorization or entitle- ment of use; NOW, THEREFORE IT IS HEREBY RESOLVED AND THE CITY COUNCIL DOES HEREBY FIND AND DETERMINE THAT: QUESTIONNAIRE 1. Every private applicant for any lease, permit, license, certificate, or other authorization or entitlement of use, including, but not limited to, building permits, zone vari- ances, zone changes, lot splits and licenses for new businesses shall complete and file with such project application a question- naire substantially in the form set forth in Exhibit A attached hereto, incorporated herein, and made a part of this resolution by reference. Such applicant shall furnish such additional in- formation as may be required by the department in which the appli- cation is filed. EXEMPTIONS 2. Applications for the following projects are ex- empted from the requirements of Paragraph 1 above, as projects not having a significant impact upon the environment: a. Demolition of existing structures; b. Construction of new dwellings in R-1 (First Residential) and R-2 (Second Residential) Districts to be erected in accordance with the provisions of Title 25 (ZONING) of the Municipal Code; C. Accessory buildings and structures permitted in R-1 (First Residential) and R-2 (Second Residential) - 2 - Districts to be constructed in accordance with the pro- visions of Title 25 (ZONING) of the Municipal Code; d. Additions to existing dwellings in R-1 (First Residential) and R-2 (Second Residential) Districts, to be constructed in accordance with the provisions of Title 25 (ZONING) of the Municipal Code; e. Repair, maintenance, interior additions or mi alterations of existing buildings or structures; f. Fences and retaining walls; g. Residential swimming pools to be constructed installed in accordance with the provisions of Title 23 (SWIMMING POOLS) of the Municipal Code; h. Signs less than 32 square feet in area to be constructed and erected in accordance with the provisio of Title 22 (SIGNS) of the Municipal Code; i. Businesses which result from a change of owner- ship and not from a change in the character of the business; j. Business licenses for home occupation issued in conformity to existing regulations; k. Any other projects which the City Council may determine, from time to time, to have no significant im- pact upon the environment. TITLE 25 - ZONING 3. a. All project applications under Title 25 (ZONING) of the Municipal Code, together with the completed questionnaire and any additional information required of the applicant shall be reviewed by the City Planner - 3 - who shall examine the application and the information furnished to determine whether he shall issue a Nega- tive Declaration to the effect that the project will have no substantial impact upon the environment, or whether he shall prepare an Environmental Impact Report. (Criteria) b. In making such determination he shall consider the declaration of legislative findings and intent and also the declaration of legislative policy set forth in the California Environmental Quality Act of 1970 (Cali- fornia Public Resources Code §S 21000 and 21001, respec- tively). C. In addition, he shall consider the following criteria: 1. Any significant environmental effects which cannot be avoided if the proposal is implemented. Examples of the types of the environmental effects which should be included in the report are as follows: (a) Any significant change in amounts of pollutants to air, water, or noise levels in the community. (b) Displacement of a significant number of people, particularly in the low-income and/or minorities category. (c) Division or disruption of the estab- lished community by dividing existing uses and/ or cutting off residential areas from recreation areas or shopping areas. (d) The general appearance of the proposed development is in keeping with the character of the community. (e) Destruction or conversion of areas of unique interest, scenic beauty, and recreational uses. (f) The endangering of the continued exist- ence of unique and significant species of flora and fauna. 2. Mitigation measures proposed to minimize the adverse impact. 3. Alternative plans for development which will lessen the adverse impact of the original proposal. 4. Assess the relationship between local short- term benefit and detriment to the long-term benefit and detriment (e.g. replacing open space with housing). 5. Any irreversible environmental changes whi would be involved if the proposed action is imple- mented. 6. The growth -inducing impact of the proposed action. 7. The boundaires of the area which may be significantly affected by the proposed action. 8. The total environmental impact of the pro- posed action based on an analysis of all of the foregoing evaluations. - 5 - (Negative Declaration) 4, a. If the City Planner determines that the project will have no significant effect upon the environment, he shall execute and attach to the application a Nega- tive Declaration substantially in the form set forth in Exhibit B, attached hereto, incorporated herein, and made a part of this resolution by reference. L. A copy of the Negative Declaration shall be posted near the door to the Council Chamber at least seven (7) calendar days prior to the hearing of the project application by the Planning Commission. In addition, further notice of the making and filing of the Negative Declaration shall be mailed and published at the time, and in the manner prescribed for the pro- ject application. (Environmental Impact Report) 5. a. If the City Planner determines that the project will have a significant effect upon the environment, he shall prepare and attach to the application an Environ- mental Impact Report substantially in the form set forth in Exhibit C, attached hereto, incorporated herein, and made a part of this resolution by reference. b. A copy of the Environmental Impact Report shall be posted near the door to the Council Chamber at least seven (7) calendar days prior to the hearing of the pro- ject application by the Planning Commission. In addi- tion, further notice of the making and filing of the Environmental Impact Report shall be mailed and pub- lished at the times and in the manner prescribed for the project application. C. The Planning Commission, as part of its hearing upon the project application, shall approve or dis- approve the Negative Declaration, and, in the event of disapproval, shall continue the hearing upon the pro- ject application and shall direct the preparation of an Environmental Impact Report by the City Planner for its consideration. d. The Planning Commission, as part of its hearing upon the project application, shall approve, disapprove or modify the Environmental Impact Report. e. At any hearing before the Planning Commission, any person shall have the right to be heard upon the Negative Declaration, or upon the Environmental Impact Report, as the case may be, regardless of his right to be heard upon the project application. TITLE 16 - BUSINESS LICENSES AND REGULATIONS 6. All project applications under Title 16 (BUSINESS LICENSES AND REGULATIONS) of the Municipal Code, together with the completed questionnaire and any additional information re- quired of the applicant shall be reviewed jointly by the City Planner, the Building Official and the Chief of the Fire Depart- ment and also by the nominee of the San Mateo County Director of Public Health and Welfare in those instances where, in the opinion of the designated municipal officials, his review is deemed to be necessary, convenient or appropriate. - 7 - TITLE 17 FIRE 7. All project applications under Title 17 (FIRE) of the Municipal Code, together with the completed questionnaire and any additional information required of the applicant, shall be reviewed by the Chief of the Fire Department. TITLE 18 - BUILDING CONSTRUCTION TITLE 22 - SIGNS 8. All project applications under Titles 18 (BUILDING CONSTRUCTION) and 22 (SIGNS) of the Municipal Code, together with the completed questionnaire and any additional information re- quired of the applicant, shall be reviewed by the Building Official. PROCESSING PROJECT APPLICATIONS UNDER TITLES 16, 17, 18 AND 22 9. Project applications submitted under Titles 16, 17, 18 and 22, shall be examined by the officials designated in this resolution to determine whether a Negative Declaration to the effect that the project will have no significant effect upon the environment shall issue, or whether an Environmental Impact Report shall be made. In making such determinations, the designated of- ficials shall be guided by all of the criteria set forth in Sub- paragraphs 3a, b and c of this resolution. 10. A copy of the Negative Declaration shall be posted near the door to the Council Chamber at least seven (7) calendar days before issuance of the permit or other authorization for which the project application was made. If a signed written pro- test to the issuance of such permit or authorization is made with- in seven (7) calendar days after posting, issuance shall be sus- �i pended, an Environmental Impact Report shall be prepared, and the report shall be set for hearing before the City Council. 11. If the designated official determines that the pro- ject will have a significant effect upon the environment, he shall execute and attach to the application an Environmental Impact Report substantially in the form set forth in Exhibit C. 12. The Environmental Impact Report shall be set for hearing before the City Council by the City Clerk, who shall cause a copy to be posted near the door to the Council Chamber, and who shall set the matter for public hearing not less than ten (10) days after such posting and who shall cause a notice of hear ing to be published in a newspaper of general circulation pub- lished and circulated in the city. 13. a. At the hearing before the City Council any per- son shall have the right to be heard. b. The City Council, after hearing, shall approve, disapprove, or modify the Environmental Impact Report. C. The City Council may deny the project appli- cation after hearing, on the basis of the Environmental Impact Report. NISSJOYVAM 14. a. The action of the City Council after hearing upon the Environmental Impact Report shall be final. b. The action of the Planning Commission after hearing upon the project application and the Negative Declaration, or the Environmental Impact Report, as the case may be, may be appealed to the City Council within ten (10) calendar days after the final action of the Planning Commission upon both. Such appeal shall be in writing and shall be filed with the City Clerk. The effect of such appeal shall be to suspend the issuance of the permit or other authorization for which the pro- ject application was made. C. The action of the Planning Commission may also be appealed by the City Council on its own motion, with like effect, within ten (10) calendar days after final action of the Planning Commission. ACTION BY HEARING BODY 15. Any final action of the Planning Commission, or of the City Council, upon any project application, shall indicate approval of the Negative Declaration, or adoption of the Environ- mental Impact Report, as the case may be. FEES 16. Every project applicant shall pay such amount for completing the Negative Declaration or Environmental Quality Report, in addition to all other fees required by the Municipal Code, as the Council may determine from time to time. VICTOR M GINI MAYOR I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 6th day of November , 1972, and adopted thereafter - 10 - by the following vote: AYES: NOES: ABSENT: COUNCILMEN: AMSTRUP; CROSBY; CUSICK; MARTIN; MANGINI COUNCILMEN: NONE COUNCILMEN: NONE CITY CLERK for: ',tinr;aor the foll.oc:,in� cues ci.ons by placing a cn eci 1.n Ene appropriate space. YesNo 1. Could the. project significantly change present usesof the project area?, 2: ,Could the project significantly change present uses of land outside the project area? 3. Could the project affect the use of a recreational area or area of important aesthetic value? 4. Could the project affect the functioning of an established coznunizy? 5. Could the project result in the displacement of co=, unity residents? 6. Are any of the natural or elan -made features i.n the project area Unique, that 1s,not found in . Other parts of the county, state, or nation? 7. Could the project significantly affect a 11,now, historical or archaelogical site or its setting? 8. Could the project significantly affect the poten- tial use, e;ctrac-ion, or conservation of a scarce natural resource? 9..'Boes the project area serve as a `habitat, food Source, nesting .place, source of water,etc, for. Tare or endangered wildlife or fish species? 10. Could the project significantly affect fish, wildlife, or plant life? 11.. Are there any rare or 'endangered plant species in the project area? 12. 'Could the project change existing features of any Of the region's lagoons, ba'y's, or tidelands?. 13. Could tha project change existing features of any public beaches in the county? page...,_1- of -3- pages EXHIBIT A Yes \o 14 could the project result in the erosion of outside prc.erty'. 15. Could the project serve to encourage develo Omant of presently undeveloped areas or intensify development of already developed areas? il. Will the project require a variance -from estab- lished environuental standards (air, water, noise, etc.), and/or„adopted plans? 17. Will the project require certification, authori- zation or issuance of a permit by any local, state, or federal enviro-c;ental control agency? 18. Will the project require issuance of a variance or conditional use permit? 19. Will the project -involve the application, use, or disposal of hazardous Materials? ,. •20, Will the project involve construction of facilities in a flood plain? 21. Will the project involve construction of facilities in the area of a known active fault? 22. Could the completed project result in' the generation of significant amounts of noise? .. 23. Could the construction of the project result in the generation of significant amounts of dust? 2t}. Could the completed project result in the generation of significant amounts of dust?. 25. Will the project involve the burning of brush, trees, construction Materials, etc.? . 25. Could the project result in a significant change' in tea quality of any portion of the regions air or water.resources? (SI-ould note surface, 6. . ground water, offSh Or2.) Page. -2- of '-3- pages By (Planning Director, Building Official, etc.) ENVIRONMENTAL QUALITY ACT NEGATIVE DECLARATION Applicant: Type of Permit-: File No. I declare that I have examined the plans for the above captioned project as submitted by the applicant, and on the basis of the "Assessment of Environmental Impact Questionnaire" on file in my office as a public document, it is my opinion that this project will not have any significant impact upon the environment within the mean- ing of the Environmental Quality Act.of 1970. w1 Dated: Signature City of Title EXHIBIT B j:. L' u D C of Report . " D1sPAI:T2-;EivT. CITY OF N V I R O N M E N T A L I I-f P A C T R E P O R T LOCA:IOii OF PROJECT: 2. DESCRIPTION OF PF.OJECT: (If the project is part of a )_arer, ongoing project, be sure to discuss all aspects of the Complete project.) 3. PRESENT CHARACTERISTICS OF TILE I-IMCDIATE AND SURROUNDING AREA: !i. IMPACT OF THE PROJECT ON PEOPLE AND THE ENIVIRONik?NT: -(a) Does the project involve removal of structures? Ii yes, explain. -_ (b) Does the project involve the removal of landscaping? (trees, shrubs, etc.) If yes, explain. EXHIBIT C (c) Describe the effect of the completed project as f_ol.lows ; .._ ' • •. No char;e s• & Increase llecrca�e (1) Traffic: _. __..._.. (Z) Noise level: - .(3) Safety; - (If) Air pollution; _....__ — (5) ldater pollution k�Yplein in. detail .any answers other than "no change E ,5 ARE THERE ANY ADVERSE ENVI:ZONi-�NTAL EFFECTS THAT CANNOT BE AVOIDED IF THE PROJECT IS Irff'LE�fcN:1ED? If yes, explain. 6. ARE THERE ARTY POSITIVE ENVIRONMENTAL EFFECTS OF THE PROJECT? If yes, explain. 7. PROPOSED MEASURES 3.0 MfINIMIZE ADVERSE EFFECTS; w AIT-, SUCH 1-TEASUR'ES PART OF THE OFFICIAL PITOJECT PLANS? S. DESCRIBI' AITERATIVES (IF ANY) TO T11E PROPOSED PROJECT AND T11EIR EFFECT ON THE I;NVIRO, —NT. (In some cases .the only a7_t,ernativc may be to not proceed with, the project.) 9.. DESCRIBE THE RELATIONSHIP B=, EEN SHORT -TERN AND LONG-TERM )iFFECTS OF THE PROJECT. (For example; the loss of full grown trees might be overcome in later years by plantings as Part of the project.) 70. DESCRIBE ANY IRREVERSIBLE ENVIROrK NTAL CHANGES WHICH WILL P.ESULT FROM THIS PROJECT. i lI. THIS REPORT IS BASED UPON -3- l2. THE FOLLC:•II\G PEPSONS OR GROUPS FLAVE PRESENTED STATL'.hll: dTS F:EG!`.RUI:l'G 'lliE Ei�VIROX:1E1, AL I:I?Pl:CT' U:'• :P,ILE PI:OJ,I.(" (State name and address of each person or group.) 73. CONCLUSION (a) Project will have no significant impact on the environment. (b) Project has significant: effect on. the ,eRYir G11P_1G'nt. Project is 1n aCCGTd with the conservation element of -the city's general plan. (c) Project has significant effect on the environment. Project violates the conservation element of the city's general plan. Specify violation of •conservation.element: (d) City has no conservation element and project has significant adverse effect upon the environment. The compelling necessity for the project is as fo. -1 w_s: (<') OC}ic: disposition - (chpjayn) j