12. Lisa Giefer ERC rep.CITY O, F 10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Developnterct Department
COPERTI'NO
SUM]VIARY
Agenda No_ Lam--- Agenda Date: March 3, 2009
SUB TECT
Appointment of Planning Commission member to the Environmental Review Committee
RECOMMENDATION
The Planning Commission recommends th.e appointment of Lisa Giefer as the 2009
Environmental Review Committee member.
DISCUSSION
On February 24, 2009, the Planning Commission recommended Lisa Giefer, the chair of the
Planning Commission, to the Envirorunental Review Committee (ERC).
Staff previously thought that appointment of the Planning Commission chair fo the ERC was
codified. Further research shows that it is not part of the code nor does it appear to be
required that City Council endorse the apI>ointed Planning Commission representative.
However, it has been the past practice of the Planning Commission to appoint its chairperson
as the representative to the ERC, and for the Ci'.ty Council to review the appointment.
Prepared by: Traci Caton, Administrative Assistant
SUB D B APPROVED BY.
Stev iaseclci David Knapp
Community Development Director City 1~Ianager
Enclosures:
Exhibit A: Municipal Code, Cbapter 2.84: Environmental Review Committee
S=/Pla3ui3ng/pdreport/cc/ccerc99appt3-3-09 12 - 1
2.84.010
Cu_ AVZ'~R 2.84: ENVIItONME1~FTAL REVIEW COl~~'E'i'FF
Section
2.84.010 Established-Composition_
2.84.020 Terms of office.
2.84.030 Chairperson.
2_84.040 Meetings-Quorum_
2.84.050 Compensation-Expenses.
2.84.060 Majority vote required_
2_84.070 Records.
2.54.080 Duties-Powers-Respons~ilities_
2_84.090 Guidelines-CEQA.
2.84.100 Appeals.
2.84.110 Fees.
2.84.120 Effect.
secretary_ The secretary need not be a **~P-*~*~°r of the
Committee. (Ord_ 1535, (part), 1990)
2.84.040 Meetings-Quor~.
A. The Enviro*+**+P*+tal Review Committee shall
establish a regular time and place of meeting and rules of
conduct thereof and shall hold at Least two regular meetings
each month.
B. A majority of the Environmental Review
Committee shall constitute a quorum for the purpose of
transacting the business of the Committee. (Ord. 1535,
(part), 1990)
2.84.010 Establishet-Composition.
The Enviro*+•*+P*+tal Review Committee (ERC) of the
City is established_ ERC shalt consist of one City Council
person, one Planning Co**+*++tsaioaer, the City Manager, the
Director of Public Works and the Director of Community
Development or their designated alternates.
In addition, the chairperson may appoint one at lazge
nonvoting citizen *++~*~+~r to the committee. The at-large
member shall receive all agendas, notifications and
materials which other members receive and shall be entitled
to participate is all discussions at ERC meetings in the same
manner as other me-~+~rs of the committee. The at-lazge
member would serve a term of one yeaz; provided, that he
or she may be removed at the pleasure of the chair. (Ord.
1570, $ 1, 1991; Ord_ 1535, (part), 1990)
2.84.020 TP~-*~+~ of Office.
The terms of staff members are ongoing unless
changed by action of the City Council. The term of the
City Council person and Planning Comm;esioner shall be
reviewed periodically by the City Council and Planning
Commission respectively for reappointment or a new
appointment. Because this Committee is composed of staff
and *n~bers of other bodies it is not directly governed by
Resolution Number 7571 of the Cupertino City Council_
(Ord. 1535, (part), 1990)
2.84.030 chairperson.
..The Committee shall elect its chairperson and vice-
chairperson from among its **~P-^*+Prs and shall appoint a
2.84.050 Comne~g.c±on-F~cpenses.
Members shall serve on the Environmental Review
Committee without compensationbut all necessary expenses
reasonably incurred by them while acting in their official
capacity shall be paid following appropriate action by the
City Council. (Ord. 1535, (part), 1990)
2.84.060 Ma,~ortty Vote Required_
A majority vote of the quorum is required to approve
a reCOmmPndaLioII On any matter that i5 presented t0 the
Committee which requires a vote. (Ord. 1535, (part),
1990)
2.84.070 Records.
The Committee shall keep an accurate record of its
proceedings and transactions and shall render such reports
to the City Cou~il and Planning Commission as may be
required_ (Ord_ 1535, (part), 1990)
2_84.080 Duties-Powers--Responslbilitles_
A_ All discretionary projects which are not
categorically exempt or otherwise exempted from further
environmental asse~~**+~!, shall be forwarded to the
Environmental Review Committee for evaluation under the
California Environmental Quality Act_
B. The Committee shall evaluate the initial study of
a proposed project to determine whether the project may or
may not have a significant effect on the environ~*~*_
C_ If a drtrr**.*nafinn is made that the project will
not have a significant impact on the eaviro**~*, the
Committee will recommend that the final reviewing
61
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2.54.080 Cupertino -Administration and Personnel 62
autltority (decisionmaker) grant a negative deciazation_
D. If a determination is made that the project may
have a significant impact on the environment, the
Committee shall require grepazatioa of as environmental
impact report (EIR). The major areas of concerti, the
selection of the prepazer and the preparation of the E]Ii
shall be coordinated by the ERC not including the City
Council and Planning Co**~**++~Qion members. (Ord. 1535,
(part), 1990)
2.84_090 Guidelines-CEQA.
California Environmental Quality Act guidelines .
promulgated by the California Secretary of Resources and
as subsequently A**+P•+~ed are adopted by this reference_
(Ord_ 1535, (part), 1990)
2.84.100 APpeals_
The project sponsor may appeal a decision to prepare
an EIR to the City Council. The appeal shall be filed in
writing with the City Cleric within five working days of the
Committee's decision. If the City Council determines that
an EIR is not necessary, the project shall be returned to the
ERC for further consideration. (Ord. 1535, (part), 1990)
2.54.120 Fees.
The Ciiy Council may, by resoIutioa, establssh an
environmental assessment fee. (Ord. 1535, (part), 1990)
2.84_120 Effect.
Nothing in this chapter shall be cotistrued as restricting
or curtailing any powers of the City Council, Planning
Co**+**+i.~~ioti or City officers. (Ord. 1535, (part), 1990)
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