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.
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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
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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