Loading...
HomeMy WebLinkAboutReso - CC - 062-1989RESOLUTION NO. 62-89 ADOPTING ENVIRONMENTAL REVIEW PROCEDURES RESOLVED, by the City Council of the City of Burlingame, California, that: WHEREAS, the California Environmental Quality Act requires various environmental documents and reviews as a part of matters determined by the City and this Council, and WHEREAS, administrative procedures for public review and participation of such environmental documents have been in effect for many years, but not formally promulgated by this Council: NOW, THEREFORE, it is ordered and determined that the Public Input Procedures for Environmental Review attached to this resolution are hereby confirmed and adopted as the procedures which shall be followed for the public review and hearing procedures of environmental documents in the City of Burlingame under the California Environmental Quality Act. May I, JUDITH A. MALFATTI, 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 15th _day of _ May 1989, and adopted thereafter by the following vote: AYES: COUNCILMEN: AMSTRUP, BARTON, MANGINI, PAGLIARO NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: LEMBI City Clerk CITY OF BURLINGAME PUBLIC INPUT PROCEDURE FOR ENVIRONMENTAL REVIEW Under the California Environmental Quality Act (CEQA) the city is mandated to review every development project for its effect on the environment. The environmental effects which might be reviewed are defined in the initial study list prepared by the state. After an initial study a project is assigned one of three statuses - eligible for a categorical exclusion, requires a negative declaration, requires an environmental impact report. There is specific procedure for public review required for each of these environmental statuses. CEQA allows local agencies, within the basic parameters of the law, to assign responsibility for review among their own decision making bodies. The following procedures will be used for public input for each type of environmental review action in Burlingame. Categorical Exemption The class of categorical exemption will be identified as a part of project analysis prior to Planning Commission action. The exemption will be considered accepted when the Planning Commission acts on the project. If the project is appealed to or called up for review by the City Council, they shall be the final body to accept the categorical exemption. Negative Declaration For a negative declaration, with or without mitigations, the following procedure will be followed: 1. The negative declaration will be prepared with and included as a part of the project submittal to the Planning Commission. Any mitigations required will be included as conditions of the project action. K 2. The negative declaration document will be posted in a place accessible to the public in city hall and the public notice sent to property owners within 300 feet or 500 feet as required by municipal code shall include the fact a negative declaration is required. Public notice shall include where further information on the negative declaration is available. 3. The public hearing before the Planning Commission shall include the negative declaration. The Commission's action on the project shall include acceptance of the negative declaration along with findings. If the Planning Commissions action on the negative declaration and project are not called up for review by or appealed to the City Council, the Planning Commission action on the negative declaration shall be considered the city's final action on the negative declaration. 4. If a negative declaration and/or project are called.up for review by or appealed to the City Council, the negative declaration shall be included as a part of the City Council's public hearing on the project. Action on the project by the City Council would require acceptance of the negative declaration with findings. This action would be considered the cityls final action on the negative declaration. Environmental Impact Reports (EIR) An environmental impact report is the environmental document prepared when the initial study reveals that if the project is built as proposed there might be potential environmental impacts which cannot be reduced by mitigations to a level of effect acceptable to the community. A more extensive document is required for this including compilation of specific studies and topical 3 analyses as well as a detailed evaluation of alternatives including possible major changes to the proposed project. The procedure to be used for public review of an EIR shall be as follows: 1. The Draft EIR shall be prepared and submitted to the Planning Commission for a public hearing addressing the completeness of the document and any additional issues which might have been identified during the preparation of the Draft EIR. This public hearing shall be held by the Planning Commission during the state mandated public review period for Draft EIRIs. 2. The Final EIR and response to comments document• prepared from the written and oral comments received about the Draft EIR shall be submitted as a part of the project for Planning Commission review and action. The Final EIR shall be included in the Planning Commission's public hearing on the project. 3. The Planning Commission shall accept the Final EIR with findings prior to action on the project. As appropriate, mitigations required in the EIR shall be included in the conditions on the project. Planning Commission action on the EIR shall be final unless the project is called up for review or appealed to the City Council, in which case Planning Commission action will be advisory. 4. If a project is called up by or appealed to the City Council, the Final EIR shall be a part of the public hearing on the project. The City Council must act on the Final EIR before acting on the project. The City Councils action on the Final EIR shall require findings. May 1. 1989