HomeMy WebLinkAboutMin - PC - 1999.12.01MINUTES
CITY OF BURLINGAME PLANNING COMMISSION
501 Primrose Road, Burlingame, CA
December 1, 1999
4:00 P.M.
Conference Room A
CALL TO ORDER
Chairman Luzuriaga called the December 1, 1999, special meeting of the Planning Commission to
order at 4:15 p.m.
ROLL CALL
Present: Commissioners: Dreiling, Deal, Keighran, Vistica and Luzuriaga
C. Bojues arrived at 4:20 p.m.
Absent: None
Staff Present: City Planner, Margaret Monroe, City Attorney, Larry Anderson;
Planner, Ruben Hurin; Marty Abell, Environmental Sciences
Associates
APPROVAL OF AGENDA: There were no changes to the agenda.
DISCUSSION ITEM:
CP Monroe introduced Marty Abell from Environmental Sciences Associates (ESA) one of the
City's pre -selected environmental consulting firms. She noted that Mr. Abell began his career in
preparing environmental impact reports in 1973 the same year that Friends o, f Mammoth won the
law suit which extended the requirements of the California Environmental Quality Act (CEQA) to
private development. CP noted that the format for the meeting was one of discussion, and that
she, Marty Abell and CA Larry Anderson were all present to respond to commission's questions
regarding CEQA and processing CEQA applications. She handed out a brief summary of CEQA
prepared by staff to be used as a discussion guide.
Key points discussed: the objective of CEQA is to disclose to those making the decision on a
project and the public the adverse (significant) effects of a project on the environment. There are
two kinds of adverse effects under CEQA: significant and unavoidable, those that there is no way
to reduce to an acceptable level; and potentially significant, those that with some physical
improvement can be reduced to a level which is acceptable. An environmental document is
intended to provide information not advocate a project. It should be objective. To insure that
the report is objective the preparation of the environmental document is the responsibility of the
city. The city selects the preparer; and the city is responsible for the information, mitigations
(ways to reduce the significant effects), and conclusions expressed in the report. But the
Burlingame Planning Coinnussion Minutes Special Afeeting, December 1, 1999
environmental document is intended only to identify the significant environmental issues and
evaluate them; it provides input for making decisions on the project. Moreover, items identified
in the environmental report which are not considered to be significant, but which the commission
thinks are important to the community, can be further addressed by the commission at the project
review stage of action. In addition the environmental report is not the only informational input on
the project. There are areas of study outside the environment which the commission may wish to
also have a developer address. These should be identified as the commission moves on to
discussion, hearing and evaluation of the particular project proposed for commission's action.
This project may be the original project proposed for the EIR evaluation, it may be an alternative
identified in the EIR, or it may be some combination of the proposed project and the alternatives.
Commission then discussed the environmental review process as set out in CEQA and applied in
the city: the steps in the preparation and approval process were briefly reviewed and the
commissioners asked about the relationship between action on a CEQA document and action on
the project. It was noted that action on the CEQA document must be done before action on the
project. In the case of an EIR the action taken is a certification. The commission must find in a
certification action: 1) that the document prepared reflects the independent judgement of the city;
2) that the document was prepared in compliance with CEQA (including following all the
procedural and noticing steps), and 3) that the document was presented to the Planning
Commission which reviewed and considered it before acting on the project. CEQA is clear about
the fact that certification of an environmental document does not prejudice action on a requested
project. Approval of a project with unavoidable significant effects requires special findings at the
time of action on the project, not at the time of action on the FEIR. In addition action on the
project may change because of the environmental disclosure. The commission may have
become aware of issues that were determined to be environmentally " less than significant" but
which the commission feels, from a community -need point of view, should be addressed directly
by the project developer. In the project review/action part of the process, these additional issues
can be identified and the applicant asked to address them as a part of his development program.
Commission discussed CEQA as it fits into the city's planning review process: The time lines set
out to prescribe the CEQA preparation and certification process were also discussed in the
framework of how the commission participates in identifying the issues around developing a given
property which should be included in the environmental document; and how the environmental
document fits in to the time line of the city's project review process. The discussion of timing
also included a review of the statutes of limitation on the various kinds of environmental
documents and how they are handled in San Mateo County. There was a brief discussion of case
law as it relates to time limits on the required steps in preparing an environmental document and
processing the report after project action.
FROM THE FLOOR
CP Monroe told the commissioner's that, based on the current length of the next few agendas
and the concerns expressed by commissioners about very late night meetings, staff has separated
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Burlingame Planning Commission Minutes
Special Meeting, December 1, 1999
the CEQA action (certification) of the FEIR on the proposed project at 301 Airport Blvd. from
the project action. Only the action on the FEIR is set for the December 13, 1999, meeting. She
also suggested, that because of the number of interested people and the length of the
commission's on -going agendas, the commission might consider a separate, special meeting, for
the hearing and action on the project in January or February 2000. The commission might
consider holding the special meeting with public hearing on a mid -week evening, so that if the
consideration could not be completed at a reasonable hour on one night it could be continued to
the next night for completion. With this approach both nights could be noticed initially and
interested people could adjust their schedules accordingly.
ADJOURNMENT
Chairman Luzuriaga adjourned the meeting at 6:22 p.m.