HomeMy WebLinkAboutReso - CC - 086-1972RESOLUTION NO. 86 -72
AMENDING RESOLUTION NO. 80-72 (EIR) AND
PROVIDING FOR FORM OF REPORTS AND
FOR APPEALS, FIXING FEES AND DECLARING PRESUMPTIONS
The City Council of the City of Burlingame does hereby
resolve as follows:
1. Resolution No. 80-72 entitled "Adopting Rules and
Regulations for the Making of Environmental Impact Reports
(Private)" is hereby amended in the following respects:
a. §5a. Relating to Environmental Impact Reports
to be prepared by the City Planner is amended to read
and provide as follows:
"(Environmental Impact Report)
5a. If the City Planner determines that the
project will have a significant effect upon the
environment, the applicant shall furnish such in-
formation, in addition to the information given in
the answers to the questions set forth in Exhibit
A, as the City Planner may require, and the City
Planner shall then prepare and attach to the appli-
cation an Environmental Impact Report substantially
in the form set forth in Exhibit C, attached here-
to, incorporated herein, and made a part of this
resolution by reference, or in such other form as
he may deem appropriate; provided that the
Environmental Impact Report in any other form shall
include a report upon all of the items set forth
- 1 -
in Exhibit C."
b. §14 entitled "Appeal" is hereby rescinded and
a new 914, similarly entitled, is hereby adopted to
read and provide as follows:
"APPEAL
14a. Appeal from Planning Commission.
The determination and order of the commission
shall become final and conclusive upon the adjourn-
ment of the city council at its next succeeding
regular meeting if no appeal be filed. During the
period between the action of the commission and the
adjournment of the next succeeding regular meeting
of the council, any person may appeal such action
to the city council. Such appeal shall be in writ-
ing and shall be filed with the city clerk. The
effect of such appeal shall be to suspend the is-
suance of the permit or other authorization for
which the project application was made. During
the same period, the council, on its own motion,
may suspend the order of the commission for the
purpose of reviewing the action of the commission.
b. Finality of Council Action.
The action of the City Council shall be final,
whether taken directly, or on appeal from or re-
view of the determination and order of the planning
commission."
- 2 -
C. §16 entitled "Fees", providing for the payment
of fees for the making and filing of Negative Declara-
tion or Environmental Impact Reports in such amounts as
the Council may determine from time to time is hereby
rescinded, and a new §16, similarly entitled, is hereby
adopted to read and provide as follows:
" FEES
a. The fees for such declarations or reports
are hereby fixed in the following amounts:
Negative Declaration $ 25.00
Environmental Impact
Report $ 100.00 + $15.00 p/hr. for
Fees for negative declarations on minor stamen excess of 8 hrs.
applications such as business licenses
in a minor amount as determined by the
Building official $ 10.00
b. The fees hereby fixed are in addition to
all other fees required by the Municipal Code and
shall be due and payable at or before issuance of
the project application. No lease shall be entered
into nor shall any permit, license, certificate, or
other authorization or entitlement be issued until
such fee has been paid.
c. The fees hereby fixed shall be due and
payable to the City of Burlingame and received by
the Chief Building Inspector prior to posting,
mailing, or publishing notice as required by
Resolution No. 80-72."
- 3 -
2. Resolution No. 80-72 entitled "Adopting Rules and
Regulations for the Making of Environmental Impact Reports
(Private)" is hereby further amended by adding 917 declaring
certain presumptions. §17 shall read and provide as follows:
"PRESUMPTIONS
a. The following projects are presumed to have a
significant impact on the environment:
1. Buildings more than 35 feet in height.
2. Apartment building projects with more
than fifteen (15) living units; excepting pro-
jects on sites with more than 1500 square feet
of land area per living unit.
3. Commerical buildings with more than
15,000 square feet of gross floor area.
4. Building projects for establishments
that employ more than fifty (50) people.
5. Projects requiring more than fifty (50)
offstreet parking spaces.
6. Eating and drinking establishments
with seating capacity for more than fifty (50)
people.
7. Buildings that are 50 per cent larger
than any of the structures within a 500 foot
radius.
8. Signs that are larger than 50 square
feet in gross area.
b. The foregoing presumptions are declared to be
rebuttable presumptions, and not conclusive."
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
20th day of November' , 1972, and adopted thereafter
by the following vote:
AYES: COUNCILMEN: Amstrup, Crosby, Cusick, Mangini, Mar -tin
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
CITY CLERK
- 5 -