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HomeMy WebLinkAboutRES NO 76-97 76-97 RESOLUTION NO. A RESOLUTION AMENDING THE CITY OF BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES. WHEREAS, on April 2, 1973, the City of Bakersfield CEQA Implementation Procedures was initially adopted; and WHEREAS, these procedures have been amended from time to time; and WHEREAS, Version 11 was adopted on March 12, 1997, by City Council Resolution No. 38-97; and WHEREAS, staff has concluded that the categorical exemption for Class "B" site plan reviews, currently listed as Class 3 (New construction or conversion of small structures) is more appropriately listed as a Ministerial Project; and WHEREAS, the exemption for Class "B" site plans will apply to site plan approvals for change of use of existing buildings and for new construction of commercial, industrial and multi-family residential projects requiring the application of adopted city standards only and no use of discretion by the decision-maker; and WHEREAS, the current version also specifies that negative declarations for parcel map waivers are to be approved by the Public Works Director; and WHEREAS, parcel map waivers are exempt from CEQA pursuant to Section 15315 of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The City of Bakersfield CEQA Implementation Procedures, as set forth in Exhibit "A", attached hereto, is hereby adopted. .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAY ? 1~97 by the following vote: AYES: COUNCILMEMBER o~1or4B,~:~33~3ot4, SMITH, ~ ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ~.' COUNCILMEMBER ~,~. ~_~ CITY CLERK and Ex Offici(~ Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN CITYATTORNEY LAURA C. MARINO Assistant City Attorney LCM/bsb S:~COUNCIL~RES~CEQA.RES --April 16.1997 -2- CITY OF BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES Initially Adopted: Version 11 Adopted: April 2, 1973 March 12, 1997 C.C. Res. No. 38-97 TABLE OF CONTENTS I. Purpose II. Implementation III. Approvals and Appeals IV. CEQA Exemptions V, Initial Study VI. Negative Declaration VII. Environmental Impact Report (EIR) VIII. Mitigation Monitoring IX. Use of Consultants X. Time Limits XI. Fees XII. Record of Revisions XIII. Appendix 3 3 4 6 8 9 10 11 12 13 13 14 15 -2- CITY OF BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES I. PURPOSE These regulations set forth objectives, criteria and procedures for the orderly evaluation of projects and the preparation of environmental documents for those projects pursuant to the most current versions of the Public Resources Code (Division 13, Environmental Quality, Section 21000 et. seq.) and the California Environmental Quality Act (CEQA) Guidelines (Section 15000 et. seq. of Title 14 of the California Code of Regulations). Within this document references to the Public Resources Code shall be to CEQA or to section numbers only in the 21000 series; and references to the Guidelines shall be to the CEQA Guidelines or to section numbers only in the 15000 series of Title 14 of the California Code of Regulations. II. IMPLEMENTATION Pursuant to Sections 21082 and 15022, the City of Bakersfield shall implement CEQA, the regulations contained in the CEQA Guidelines, and the provisions contained in this document. This document is intended to be used as a supplement to the CEQA Guidelines. Implementation of CEQA by the City of Bakersfield shall be administered by the Planning Director of the Development Services Department. Delegation of responsibilities to the Development Services staff shall include, but is not limited to: Determination of a project. Determination of exemption. Conducting initial studies. Determination of whether to prepare a Negative Declaration or EIR. Consulting with responsible and other agencies, and public. Setting and noticing public review and hearings. Preparation of a Negative Declaration or EIR. Determination that environmental documents were completed within the appropriate time periods. Preparation of responses to environmental documents. Preparation of mitigation monitoring and reporting programs. Filing appropriate environmental notices. -3- The Department will generally utilize a four-step approach when reviewing an activity, and its relation to CEQA. Briefly, these steps are as follows (Note: refer to Table 2 for a more detailed flow chart of the City's environmental review process): Step 1 Determine if an activity is a project. If the activity is not a project, no further review is required under CEQA. Step 2 If the activity is a project, determine if the project is exempt (ministerially or categorically). If it is exempt, the CEQA process does not need to proceed any further and staff may prepare a Notice of Exemption. However, the Planning Director and/or decision-making body can find that exceptions tmique to a project pursuant to Section 15300.2 could result in that project not being exempt from the application of CEQA, thereby requiring the preparation of a Negative Declaration or EIR. Step 3 If the project is not exempt, an Initial Study is prepared to determine if the project may have a significant effect on the environment. If no evidence is shown that there are significant effects, staff would prepare a Negative Declaration. Step 4 If the Initial Study shows that the project would have a significant effect on the environment, staff would prepare or have prepared an Environmental Impact Report. III. APPROVALS AND APPEALS A. Approvals. Approval of environmental documents pursuant to CEQA shall be performed by the decision-making body as outlined in Table 1. B. Appeals. Within ten (10) days after approval of a Negative Declaration or certification of an EIR, any individual may appeal that decision to the City Council. The appeal must be in writing to the City Clerk accompanied with the appropriate filing fee as required by the City. When a discretionary project is appealed where a Negative Declaration has been approved or an EIR certified, the Negative Declaration or final EIR must be specifically mentioned as also being appealed or said approval or certification will stand. -4- DECISION-MAKING.BODY. Planning Director Board of Zoning Adjustment Planning Coinmission City Council RESPONSIBILITY/AUTHORITY Table 1 I Authority to agree Io Lead Agency status Administer/manage preparation of environmental documems (i.e. Exemptions, NDs, EIRs) Approve draft NDs or administrative draft EIRs Comment on the adequacy of a draft ND or EIR prepared by a public agency (other than the City) to that agency requesting comment Recommend to the City Council approval of contracts for consultants regarding the preparation of environmental documents Administer CEQA procedures Approve ND or certify EIR for: · Modifications · Conditional Use Permits (as authorized by the Zoning Ord.) Hold public hearing to receive public comments regarding adequacy for all draft EIRs prepared by the City Recommend adequacy of draft EIR regarding: · Modifications (to the BZA) · Conditional Use Permits (to either the BZA or City Council, depending on the authorization given by the Zoning Ord.) Recommend approval of ND or certification of an EIR to the City Council for: · Zone Changes · General Plan Amendments Approve ND or certify EIR for: · Tentative Tract and Parcel Maps Approve ND or certify EIR for: · General Plan Amendments · Zone Changes · Grants, specialized plans, and misc. projects · Conditional Use Permits (as authorized by the Zoning Ord.) Consider appeals to an approval of a Negative Declaration or certification of an EIR Authorize and approve contracts regarding the preparation of environmental documents -5- IV. CEQA EXEMPTIONS In addition to the exceptions specified in CEQA and the CEQA Guidelines, the following are also found to be exempt: A. Ministerial Projects. 1. Issuance of building permits (includes electrical, plumbing, mechanical, sign and demolition, except demolition of a designated historical building of local significance, or one included in the National Register of Historic Places). 2. Issuance of business licenses. 3. Approval of final maps (subdivision and parcel maps). 4. Approval of individual utility service connections and disconnections. 5. Issuance of trailer park operating permits. 6. Issuance of occupancy permits for residential, commercial and industrial uses. 7. Permits issued by the Building Official pursuant to Sections 17.42.040 and 17.44.040 of the Bakersfield Municipal Code relating to flood plain regulations. 8. Home occupation permits. 9. Issuance of dog licenses. 10. Family day care homes providing family day care for up to 12 children. 11. Residential care facilities as defined in Section 1502 of the Health and Safety Code of the State of California, housing 6 or fewer persons. 12. Other actions or activities which are wholly ministerial pursuant to Sections 15268 and 15369. 13. Class ~'B" site plan approvals as set forth in Chapter 17.53 of the Bakersfield Mtmicipal Code. -6- Categorical Exemptions. (Note: The following actions or activities are continuations to the list of specific actions or activities which are categorically exempt within Sections 15301 through 15329.) 1. Class 3 - New construction or conversion of small structures: Signs permitted under any permit procedure provided for in Chapter 17.60 of the Bakersfield Municipal Code. Second units as provided for in Title 17 of the Bakersfield Municipal Code and Section 65852 of the California Government Code. Uses permitted by the Planning Director pursuant to Title 17 of the Bakersfield Municipal Code, including but not limited to, temporary animal permits, garage conversions, and public utility structures. Petroleum wells/production operations approved under Class 2 or 3 permits as defined in Chapter 15.66 of the Bakersfield Municipal Code. 2. Class 4 - Minor alterations to land: Construction permits under Chapter 12.16 of the Bakersfield Municipal Code. Street use permits under Chapter 12.12 of the Bakersfield Municipal Code. Utility pole permits trader Chapter 12.12 of the Bakersfield Municipal Code. 1. Installation of traffic signals, street lighting and traffic control signs. Weed abatement under Chapter 8.28 of the Bakersfield Municipal Code. House-moving permits under Chapter 12.12 of the Bakersfield Municipal Code. -7- 3. Class 5 - Minor alterations in land use limitations: d. Adoption, modification, or repeal of ordinances, policies, and administrative regulations, provided said ordinances, policies or regulations are such that they are applied equally within the city and are minor in nature. This would also include ordinances and policies required to enforce state and federal laws. e. Encroachment permits under Chapter 12.20 of the Bakersfield Municipal Code. f. Minor street, alley, utility easement and other public property acquisition or disposition, and dedications. g. Extensions of time for zoning or subdivision project approvals. h. Release of covenants relating to common areas or parking areas. 4. Class 20 - Changes in organization of local agencies: d. Establishment and operation of maintenance and assessment districts. V. INITIAL STUDY Following preliminary review of a project which was determined not to be exempt from CEQA, the Planning Director shall have prepared an initial study pursuant to Section 15063, to determine if the project may have a significant effect on the environment and to provide the basis for deciding whether to prepare an EIR or Negative Declaration for the project. If an EIR is clearly required for the project, an initial study may be prepared to focus the EIR on those effects determined to be significant. The initial study will be comprised of the following: (1) Notice of Public Hearing and Proposed Negative Declaration/or Draft EIR, (2) environmental checklist which includes the environmental discussion/setting, and (3) draft mitigation monitoring plan, if mitigation is identified (refer to Section VIII for discussion of mitigation monitoring plans and Appendix for said forms). In determining significant effects, the Planning Director shall consider examples deemed to be a significant effect on the environment as identified in the Appendix of the State CEQA Guidelines, the mandatory findings of significance pursuant to Section 15065, the considerations within Section 15064, and the definition of "significant effect on the environment" within Section 15382. -8- VI. NEGATIVE DECLARATION When it is determined by the Planning Director that a Negative Declaration will be prepared or that a previous Negative Declaration will be used for a project, the procedures contained in the CEQA Guidelines shall govern with the following additions: (Note: In most instances, the Negative Declaration comprises the notice of public hearing and environmental checklist.) Public Notice and Review. The public review and public notice concerning a Negative Declaration may be combined. Under no circumstances shall the notice period be less than the review period specified in Section 21091(b). The public notice for a Negative Declaration shall be posted, published and mailed in the same manner as specified in Title 17 of the Bakersfield Municipal Code and may be consolidated with the notice of other land use actions (i.e., zone change, conditional use permit) if such actions are being considered. Public notice shall be provided to responsible and other agencies who have commented regarding a particular negative declaration, or those agencies and/or individuals who have specifically requested a copy of such notice. Comments received during the consultation and review period for the Negative Declaration which raise significant environmental issues, shall be responded to by the Planning Department with said comments and responses being forwarded to the decision making body prior to adoption of the Negative Declaration. The Planning Director and/or decision making body may decide based on any new information provided, that additional mitigation or preparation of an EIR could be necessary at any time during this process; however, if any new information significantly modifies the project, mitigation or other conclusions regarding the negative declaration, additional public review pursuant to subsection A above, shall be given. -9- VII. ENVIRONMENTAL IMPACT REPORT (EIR} When it is determined by the Planning Director and/or decision-making body that an EIR will be prepared or that a previous EIR (includes supplements and addenda) will be used for a project, the procedures contained in the CEQA Guidelines shall govern with the following additions: A. Public Notice and Review. 1. There shall be at minimum, one public hearing before the Planning Commission to receive comments on a draft EIR during the public review period. 2. The public hearing shall be held during the later half of the public review period to permit cor~nnents to be received concerning the draft EIR. 3. Notice of the time and place of the public hearing shall be posted, published and mailed in the same manner as specified in Title 17 of the Bakersfield Municipal Code. Such notice shall describe the project and the nature, purpose and intent of the public hearing. 4. Public notice shall be provided to responsible and other agencies who have commented regarding the NOP (Notice of Preparation), and those agencies and/or individuals who have specifically requested a copy of such notice. 5. The public hearing shall be focused on the objectivity and adequacy of the draft EIR in discussing potential impacts upon the environment, ways in which adverse effects might be mitigated, and alternatives to the project consistent with the intent of CEQA. 6. A minimum of two (2) copies each of the draft EIR shall be made available for public review at both the City of Bakersfield Planning Department and the Kern County Public Library. 7. The Planning Commission shall fo~vard all comments received during the public hearing and review period to the decision-making body (if it is not the Commission), for incorporation into the final EIR with a recommendation as to the adequacy of the EIR. B. When either significant new information has been added to the draft EIR, or significant modification to the draft EIR has occurred that changes assumptions or conclusions based on comments received during the public review period, the draft EIR shall be given additional public review pursuant to Section 15807(c) and hearing pursuant to subsection A above. C. The decision-making body may require that economic and/or social information be included in an EIR pursuant to Section 15131. D. The decision-making body may balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits are found to outweigh the unavoidable adverse environmental effects, the decision- making body shall make a statement of overriding considerations as described in Section 15093, that balances the merit of approving the project despite the environmental damage. Findings may also be made that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. -10- VIII. MITIGATION MONITORING Mitigation measures required as part of an approved Negative Declaration or certified EIR shall be identified within a Mitigation Monitoring Plan and Mitigation Monitoring Checklist (see Appendix). The Plan shall specifically describe each mitigation and how it will be implemented. The Checklist shall be the basis for the monitoring and reporting program to ensure implementation of each mitigation. 1. Development of Mitigation Monitoring Plan. For those projects in which mitigation is required, mitigation monitoring shall be identified through a separate plan which describes: a. Each specific mitigation measure. b. How mitigation will be implemented. c. Timing of actions necessary for implementation. d. Entity or entities that will undertake required action(s). Agency or agencies responsible for monitoring and reporting that mitigation has been properly implemented as well as taking corrective actions when a measure has not been properly implemented. Review of Mitigation Monitoring Plan. Draft plans shall be prepared and reviewed with the proposed environmental document. It is the intent of the city that the public review of a proposed Negative Declaration or draft EIR also include the draft mitigation monitoring plan. Approval of Mitigation Monitoring Plan. Mitigation monitoring plans shall be approved along with the adoption of the Negative Declaration or certification of the final EIR. Mitigation measures shall either be incorporated into the conditions of project approval or referenced in said conditions so that they may be easily implemented and monitored. Mitigation Monitoring Checklist. Mitigation measures shall be summarized in a checklist which will provide the basis for monitoring and reporting implementation of mitigation. In most cases, the implementation will end through approval of a final map, site plan review approval, or final completion and/or occupancy being granted for the project. (Note: Each Mitigation Monitoring Plan may vary depending on the type of project and the degree to which implementation shall be satisfied. The Mitigation Monitoring Checklist will serve to standardize reporting as well as summarize how overall implementation is progressing.) -11- IX. B. Mitigation measures which have been required or incorporated into a project at the request of an agency having jurisdiction by law over natural resoumes affected by the project shall prepare and submit a draft Mitigation Monitoring Plan to the city in order that it can be reviewed in conjunction with the proposed Negative Declaration or draft EIR. The city shall notify that agency of what mitigation measures they requested were approved as part of the project and they in return shall inform the city in writing when those measures have been implemented. It shall be the responsibility of the agency requesting mitigation measures to monitor their implementation. Where mitigation measures can easily be incorporated into the city's development review process, the city may, at its discretion, monitor the implementation of such measures provided the affected agency is aware such monitoring is taking place. C. Monitoring requiring specialized expertise may be completed by a private consultant. The hiring of consultants and payment of fees shall be handled pursuant to Section XI of this document. USE OF CONSULTANTS A. The Planning Director may request the services of a private consultant to prepare all or a portion of an EIR or Negative Declaration, or to perform specialized mitigation monitoring. Selection of any consultant to perform such work shall be the responsibility of the Director. The consultant is responsible to only the department for performance of and approval of work assigned. Contact between the consultant and applicant shall be limited to the acquisition of data or other information in performance of their work with the applicant. Direct contacts by the applicant with the consultant without prior knowledge of the Director are prohibited. B. Selection of a consultant shall be as follows: 1. The Planning Director shall send out a Request for Proposals (RFP) to those finns listed as qualified to perform the work, and to any firm that specifically requests the RFP. 2. The Planning Director shall select the consultant who best meets the criteria contained in the RFP. Selection may be based upon the response to the RFP, interviews, reference verification, or any combination of the three. 3. The Planning Director shall draft an agreement with both the applicant and selected consultant. The agreement with the consultant shall contain the scope of work, schedule of events, cost and additional contractual information as required by the city. The consultant shall have no financial interest in the success or failure of the project which would taint their objectivity in performing the work. The City Council shall approve any contract for consultant services. The agreement with the applicant shall contain the cost to be paid and project schedule. The applicant shall have 30 days from receipt of the agreement to sign it and pay the department the full cost of the consultant's work. The department shall place the funds into an account for payment to the consultant at intervals outlined in the contract between the city and consultant. The applicant shall also be responsible for any costs associated with the preparation of supplemental, subsequent or other documents required for certification or adoption of environmental documents. -12- X. TIME LIMITS A. The Planning Department shall adhere to the time limits as set forth in the CEQA Guidelines for review and processing of environmental documents. Time suspensions or time extensions may be approved for a longer period than are stated in the CEQA guidelines provided there is written agreement to such by the Planning Director and applicant. XI. FEES For projects in which a discretionary permit warrants the review and preparation of an initial study, notice of exemption or negative declaration, fees for appropriate environmental documentation shall be included in the discretionary permit application fee. For projects in which there is no discretionary permit, fees shall be assessed on the actual cost to review and prepare the appropriate environmental documentation. The fee for the coordination and preparation of an Environmental Impact Report (EIR) shall be assessed on the actual cost to complete and review the EIR by the city, including certification. This fee shall be in addition to any fee required for a discretionary permit. The applicant shall be required to pay the total costs associated with preparation of the EIR prior to certification. The costs of mitigation monitoring shall be estimated for project approval with conditions set forth for payment. If it is necessary to utilize the services of a consultant, contracting and fees shall be pursuant to Section VIII. D. The city may charge and collect a fee for the actual cost of reproducing copies of any environmental documentation. -13- XII. RECORD OF REVISIONS Vet No. [ Council Res No. Approval Date I 23--3 4-2-"3 ~ 13-".1 2 II 74 3 40 "4 6-3 .'~4 4 10-75 2-24-75 5 24-77 3-28-77 6 39-78 5-3-78 7 60-80 9-24-80 8 132-83 11-30-83 9 107-86 4-16-86 10 212-92 11-4-92 11 38-97 3-12-97 Nole~/Conlmollt$ Inilial adoplion Rewrite of procedures/Mitigation monitoring Move site plan review from Class 5 to Class 3 ("B" projects) -14- XIII. APPENDIX Notice of Exemption Notice of Public Hearing/Proposed Negative Declaration (PC) Notice of Public Hearing Draft EIR (PC) Notice of Public Hearing Final EIR (PC) Notice of Public Hearing (CEQA Exempt - PC) Notice of Public Hearing/Proposed Negative Declaration (BZA) Notice of Public Hearing (CEQA Exempt - BZA) Environmental Checklist Notice of Preparation Mitigation Monitoring Plan Mitigation Monitoring Checklist Notice of Completion