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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form shall include a report upon all of the items set forth - 1 - in Exhibit C." b. §14 entitled "Appeal" is hereby rescinded and a new 914, similarly entitled, is hereby adopted to read and provide as follows: "APPEAL 14a.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 -