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HomeMy WebLinkAboutRES NO 212-92RESOLUTION NO. !2!X 2 - 9 2 RESOLUTION AMENDING THE CITY OF BAKERSFIELD'S IMPLEMENTATION PROCEDURES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. (CEQA). WHEREAS, the Public Resources Code of the State of California, Section 21082, requires that public agencies adopt objectives, criteria and procedures for the evaluation of projects and the preparation of environmental impact reports and negative declarations pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, the City initially adopted local CEQA implementation procedures on April 3, 1973 (Resolution 23-73) and last amended said procedures on April 16, 1986 (Resolution 107-86); and WHEREAS, amendments to City's CEQA implementation procedures are necessary to reflect current practices in the evaluation of projects and the preparation of required environmental documents, as well as be consistent with current requirements of CEQA and the State CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. Resolution No. 107-86 is hereby repealed and superseded by this resolution. 2. The CEQA Implementation Procedures as attached hereto as Exhibit "A" that set forth objectives, criteria and procedures for the orderly evaluation of projects and the preparation of environmental documents for those projects, are hereby adopted. ORIGINAL 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 .KI3¥ 4 1997 by the following vote: AYES; COUNCILMEMBER~. EDWARDS, DeMOND. SMITH, BRUNNI. PETERSON. I~lll~l~l~, SALVAGGIO NOES: COUN¢ILMEt,~5,Er~., ~ ~0c_De r~n t ~ ABSENT COUNCILME,~BE,~3~ [~0~ A~STAIN: COUNCILMEMSERS' ~ Council of the City of Bakersfield APPROVED bl~ 4 t99Z CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: L~WRENCE M. LUNARDINI ~ CITY ATTORNEY of the City of Bakersfield p:rceqa.cc ORIGINAL EXHIBIT A CITY OF 'BAKERSFIELfl CEQA IMPLEMENTATION ~PROCEDURES ... Initially Adopted: Version 10 Adopted: April 2, 1973 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 14 14 15 16 -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 Depa~ taxent. 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. -3- ,-~ Preparation of mitigation monitoring and reporting programs. Filing appropriate environmental notices. 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 unique 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 following table (Table 1). -4- I}ECISION-MAKIN(~ IIODY Public Works Director Board of Zoning Adjustment Planning Commission City Council R ESPON ~i 811J'I~t?AUTI!oRITY Table 1 ^ ,,~ Administer/manage preparation of environmental documents (ie. Exemptions, NDs. EIRs) Approve draft NDs or administrative draft FIRs 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 for: · Parcel Map Waivers ,,,,~ Approve ND or certify FIR 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: · Parcel Map Waivem (EIR only) · Tentative Tract and Pamel 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 ElR ,.,* Authorize and approve contracts regarding the preparation of environmental documents -5- 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. 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. 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). Approval of individual utility service connections and disconnections. 5. Issuance of trailer park operating permits. Issuance of occupancy permits for residential, commercial and industrial uses. 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. -6- 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. 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 under Chapter 12.12 of the Bakersfield Municipal Code. Installation of traffic signals, street lighting and traffic control signs. Weed abatement under Chapter 8.28 of the Bakersfield Municipal Code. -7- n. House-moving permits under Chapter 12.12 of the Bakersfield Municipal Code. Class 5 - Minor alterations in land use limitations: 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 natare. This would also include ordinances and policies required to enforce state and federal laws. Encroachment permits under Chapter 12.20 of the Bakersfield Municipal Code. Minor street, alley, utility easement and other public property acquisition or disposition, and dedications. Site plan approvals under Chapter 17.53 of the Bakersfield Municipal Code. Extensions of time for zoning or subdivision project approvals. Release of covenants relating to common areas or parking areas. Class 20 - Changes in organization of local agencies: do 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 -8- 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. 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.) A. 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 necessmy 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. There shall be at minimum, one public hearing before the Planning Commission to receive comments on a draft EIR during the public review period. The public hearing shall be held during the later half of the public review period to permit comments to be received concerning the draft EIR. 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. o 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. 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. 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 DeparUnent and the Kern County Public Library. The Planning Commission shall forward 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. Bo 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. -I0- The decision-making body may require that economic and/or social information be included in an EIR pursuant to Section 15131. 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 dispite 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. 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. 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. -11- 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 shah 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.) Mitigation measures which have been required or incorporated into a project at the request of an agency having jurisdiction by law over natural resources 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. 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. IX. USE OF CONSULTANTS 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 depas'ta~ent 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 -12- their work with the applicant. Direct contacts by the applicant with the consultant without prior knowledge of the Director are prohibited. Selection of a consultant shall be as follows: The Planning Director shah send out a Request for Proposals (RFP) to those firms listed as qualified to perform the work. and to any firm that specifically requests the RFP. The Planning Director shah 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. The Planning Director shall draft an agreement with both the applicant and selected consultant. The agreement with the consultant shah 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 depa,lment the full cost of the consultant's work. The department shah 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. -13- X. TIME LIMITS 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 shah 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. The city may charge and collect a fee for the actual cost of reproducing copies of any environmental documentation. -14- ENVIRO,'~MENTAL REVIEW PROCESS FLu~ CHART I activity I, a ~r~lect f N~ Ex~n~ XI!. RECORD OF REVISIONS Ver No. 1 2 3 4 5 6 7 8 9 10 I Council Res No. 23-73 13-74 40-74 10-75 24-77 39-78 60-80 132-83 107-86 4-2-73 2-11-74 6-3-74 2-24-75 3-28-77 5-3-78 9-24-80 11-30-83 4-16-86 Initial adoption Filing Notice of Exemptions Rewrite of procedures/Mitigation monitoring -15- 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 -16- Notice of Exemption TO: ~ O~ce of Planning and Rescatch 1400 Tenth SaceL Room 121 Sacramento, CA 95814 County Clerk Count~ of Project Title: Project Location. Specific: From: (Public Agency) Proiect Location. City: Description of Project: Project Location - County: Name of Public Agency Approving Project: Name of Person or Agency Carrying Out Project: Exempt Status: (check one) ~-~ MinisteriaJ (Sec. 21080(bX1); 15268); [] D~tar~ Eme~enc~ (Soc. 21080(b)(3); 15269(a)); ~-~ Emea~ncy Pm~oct (See. 21080(b)(4); 15269(b)(c)); [~ Catagancat Exemptran. Stata type and ~'m_ ~n humtin-: [] Sramtory Excmpnons. $t~- ood~ number:. Reasons wl~y project Is exempt: Leacl Agency Contact Person: Arm Cede/Telephone/Extension: If file~i by applicant: I. A~ach c~cd document of exemp~en finding. ~ Has a noucc of exemption been filed by the public agency approving the pm ~' ject? [] Yes Date: Titlc: [] Signed by Lead Agency ?-] Signed by Applicant Date received for filing at OPR: ~-~No Revi~dOctob~,i989 NOTICE OF PUBLIC IIEARING AND PROPOSED NEGATIVE DECLARATION BEFORE TIiE PLANNING COMMISSION OF TIlE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a hearing accepting public testimony will be held before the Planning Conumssion of the City of Bakersfield at 5:30 p.m., or as soon thereafter as the matter may be heard on THURSDAY, , in the Council Chambers of City Hall 1501 Truxtuu Avenue, Bakersfield, California, 93301, to consider the following request: 1. The project to be considered: 2. Project location: 3. The name and address of the project applicant: 4. The project is identified as: (1) File # ; (2) Environmental Review No. . Please refer to this file number when commenting on this project. NOTICE IS ALSO HEREBY GIVEN that a public hearing will be held at the same time and place by the Planning Commission to receive input from the public on the potential effect of this project on the environment. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared, describing the degree of possible environmental impact of the proposed project. This study has shown that the proposal (as mitigated) will not have a significant effect on the enviromnent; therefore, a Negative Declaration is proposed. Copies of the Initial Study and proposed Negative Declaration are on file and available to the public through the Planning Department (contact ) in City Hall at the address indicated above, or by telephoning the department at (805) 326-3733. PUBLIC COMMENT regarding the proposed project and/or adequacy of the Negative Declaration, including requests for additional environmental review, will be accepted in writing on or before the hearing date indicated above at the Planning Department. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence delivered to the City of Bakersfield prior to the close of the hearing. DATED: POSTED: JACK HARDISTY, Planning Director ms:~p:me g_d¢c.nop NOTICE OF PUBLIC HEARING ON DRAFT ENVIRONMENTAL IMPACT REPORT BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a hearing accepting public testimony on a Dralt Environmental Impact Report (DEIR) will be held before the Planning Comnussion of the City of Bakersfield at 5:30 p.m.. or as soon thereafter as the matter may be heard on THURSDAY, , in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301, for the following project: I. Description of project as evaluated in the DEIR: 2. Project location: 3. The name and address of the project applicant: 4. The project for which the DEIR was prepared is identified as: (1) Environmental Review No. ; (2) State Clearineahouse # ;(3) File # Please refer to the environmental review number when commenting on this project. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study was prepared, indicating that the proposed project could have a significant effect on the environment, which warrants the preparation of an Environmental Impact Report (EIR). The proposed DraR EIR (DEIR) is a document describing the effects of the proposed project on the environment. Copies of the DEIR are on file for public review at and available for purchase or public review at the Planning Department (contact ) within City Hall at the address indicated above, or by telephoning the department at (805) 326-3733. PUBLIC COMMENT regarding the scope, content, objectivity and adequacy of the DEIR will be accepted in writing by the Planning Department no later than . If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence delivered to the City of Bakersfield prior to the close of the hearing. Final certification of the EIR and consideration of the project will require a separate public hearing at a later date, which will be renoriced. DATED: POSTED: JACK HARD ISTY, Planning Director ms:xp:~irnoph NOTICE OF PUBLIC HEARING AND FINAL ENVIRONMENTAL IMPACT REPORT CONSIDERATION BEFORE THE NOTICE IS HEREBY GIVEN that a hearing accepting public testimony will be held before the of the City of Bakersfield at __ p.m., or as soon thereafter as the matter may be heard on _ , in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request: I. The project to be considered: 2. Project location: 3. The name and address of the project applicant: 4. The project is identified as: (1) File # ; (2) Environmental Review No. . Please refer to this file number when commenting on this project. NOTICE lS ALSO HEHEBY GIVEN that the will consider certification of the Final Environmental Impact Report (FEIR) prepared for the project. Pursuant to the California Environmental Quality Act (CEQA), an FEIR has been prepared, describing the degree of environmental impact of the proposed project. The FEIR consists of the Draft EIR, comments and recommendations received on the Draft EIR, and the City's responses to any comments. Copies of the FEIR are on file for review at and are on file for review and available to the public at the Planning Department (contact ) within City Hall. at the address indicated above, or by telephoning the department at (805) 326-3733. PUBLIC COMMENT regarding the proposed project will be accepted in writing, on or before the hearing date indicated above at the above office. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public bearing, or in written correspondence delivered to the City of Bakersfield prior to the close of the hearing. DATED: POSTED: ms:~p:~'eir.nop JACK HARDISTY, Planning Director NOTICE OF PUBLIC HEARING BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a hearing accepting public testimony will be held before the Planning Commission of the City of Bakersfield at 5:30 p.m., or as soon thereafter as the matter may be heard on TIILIRSDAY, , in the Council Chambers of City Hall 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request: 1. The project to be considered: 2. Project location: 3. The name and address of the project applicant: 4. The project is identified as: (1) File # number when commenting on this project. · Please refer to this file NOTICE IS ALSO HEREBY GIVEN that the Planning Director of the City of Bakersfield has determined that the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section . The Notice of Exemption may be inspected at the Planning Department (contact ) in City Hall at the address indicated above, or by telephoning the department at (805) 326-3733. PUBLIC COMMENT regarding the proposed project will be accepted, in writing, on or before the hearing date indicated above at the Planning Department. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence delivered to the City of Bakersfield prior to the close of the hearing. DATED: POSTED: JACK HARDISTY, Planning Director ms:~:\caLcxmp.nop NOTICE OF PUBLIC HEARING AND PROPOSED NEGATIVE DECLARATION BEFORE THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a hearing accepting public testimony will be held before the Board of Zoning Adjustment of the City of Bakersfield at 3:00 p.m., or as soon thereafter as the matter may be heard on TUESDAY, , in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request: I. The project to be considered: 2. Project location: 3. The name and address of the project applicant: 4. The project is identified as: (1) File # ; (2) Environmental Review No. . Please refer to this file number when commenting on this project. NOTICE IS ALSO HEREBY GIVEN that a public hearing will be held at the same time and place by the Board of Zoning Adjustment to receive input from the public on the potential effect of this project on the environment. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared, describing the degree of possible environmental impact of the proposed project. This study has shown that the proposal (as mitigated) will not have a significant effect on the environment; therefore, a Negative Declaration is proposed. Copies of the Initial Study and proposed Negative Declaration are on file and available to the public at the PlanRing Department (contact ) at City Hall, at the address indicated above, or by telephoning the department at (805) 326-3733. PUBLIC COMMENT regarding the proposed project and/or adequacy of the Negative Declaration, including requests for additional environmental review, will be accepted in writing, on or before the hearing date indicated above at the Planning Department. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence delivered to the City of Bakersfield prior to the close of the hearing. DATED: POSTED: JACK HARDISTY, Planning Director ma:~:~neg_dec.bza NOTICE OF PUBLIC HEMMING BEFORE THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERS~'~LD NOTICE IS HERF.,BY GIVEN that a hearing accepting public testimony will be held before the Board of Zoning Adjustment of the City of Bakersfield at 3:00 p.m., or as soon thereafter as the matter may be heard on TUESDAY, . in the Council Chambers of City Hall 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the foliowing request: 1. The project to be considered: 2. Project location: 3. The name and address of the project applicant: 4. The project is identified as: (1) File # number when commenting on this project. · Please refer to this file NOTICE IS ALSO ItEREBY GIVEN that the Plannin5 Director of the City of Bakersfield has determined that the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section . The Notice of Exemption may be inspected at the Planning Department (contact ) in City Hall at the address indicated above, or by telephoning the department at (805) 326-3733. PUBLIC COMMENT regarding the proposed project will be accepted, in writing, on or before the hearing date indicated above at the Planning Department. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence delivered to the City of Bakersfield prior to the close of the hearing. DATED: POSTED: JACK HARDISTY, Planning Director ms:~p:~at_exmp.bza Project I. ENVIRONMENTAL CHECKLIST EFFECT EARTH Soils Geologic Haz~ds Erosion/Sedimentation Topography WATER Quality/Quantity - Groundwater - Surface Water FIooding/Dralr~ge AIR Air Quality Climate/Air Movement Odors BIOLOGICAL RESOURCES Plants Animals Rare/Endangered Species Habitat Airaragon TRANSPORTATION Traffic/Circulation Parking Traffic Hazards Air/Water/Rail Systems CULTURAL RESOURCES Archaeological Historical IMPACT MITIGATION I'." ' EFFEC'F · LAND USE Compabbiiity Ganoral Plan/Zoning Grow~ Inducement Prime Ag Land Loss Fire Schoof$ Parks/Recreation · · '.: L.: · Solid Waste DiaposeJ UTILITIES Wat~ Westewator Storm Drainage Natural Gas Elasticity Communica~on HOUSING HEALTH HAZ~ID$ NOI~E AESll'IETIC$ LIGHT AND GLARE I I NATURAl. RESOURCES ENERGY USAGE (NOTE: DISCUSSION REGARDING THE ABOVE IMPACTS I$ ATTACHED.) · IMPACT ' MITIGATION S = Significant P = Potentally Significant I = InalgnificantJNo Effect Y = Yes N = No ORD -- Ordinance Requirement II. MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat d · fish or wildlite species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or re~'ict the range of · rare or er~dangared plant or animal species, or eliminate importent examples of the majo~ periods of CeJifomia history or prehistory? Y N Does the project have the potentel to achieve short.term, to the disadvantage of long-term, environmental gosis? (A short term impact on the environment is one of which occurs in · relatively brief, de§hire period of time while long.term impacts will endure well into the future.) Does the oroiect have ireDacts which individually limited. but cumulatively considerable? (A pro/ectmayimDacton ~wo or more separate resources where the impact on each resource is reletively smafi, but where the effect of the total of those impacts on the environment is significant). Dos~ the project have environmental effects which will cause substentiai adverse effects on human beings, either directly or indirecfiy? -- -- III. FINDINGS OF DETERMINATION (Projects wh~e a Neg~ve Declera'~l or EIR h~s no~ b~en previously prepared, or where a previous documem will no~ be u~iliz~.) ON THE BASIS OF THIS INITIAL EVALUATION (check one): It has been found that the proposed project COULD NOT have a significant effect on the environment; therefore, a NEGATIVE DECLARATION will be prepared. It is been found that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because MITIGATION MEASURES, as identified in the Discussion of Environmental Impacts, have been incorporated into the project; therefore, a NEGATIVE DECLARATION will be prepared. It has been found that the proposed project MAY have a significant effect on the environment, and an EIR (ENVIRONMENTAL IMPACT REPORT) will be prepared, PREPARED BY: DATE: III. FINDINGS OF DETERMINATION (Projects which will utilize · previously adopted Negative Declaration or certified EIR) ON THE BASIS OF THIS INITIAL EVALUATION: 1. Substantial changes (~ are) (_._ are not) proposed which will require significant revisions of the previous EIR or Negative Declaration due to new environmental impacts not originally considered. 2. SubstantiaJ changes (~ have) (~ have not) occurred with respect to the circumstances under which the project will be undertaken, which will require significant changes or revision~ in the previous EIR or Negative Declara~on due to impacts not originally considered. 3. Chock one (a or b): a. __ New information of substen,el impel'rance to the project has not become available. (if checked, go to No. 4) b. __ New information of substantial importance to the project has become available, end (if checked, continue below) 1. This information wee not known and could not have been known at the time the previous EIR wes cot§fled or the Negative Declaration was adopted. 2. The rmw information shows any of the following (check at leest one): __ The project will have o~e or more significent effec~ not discussed in the previous EIR or Negative Doclare4ion. -- Significant effeots previously examined will be substantially more savare than shown in the EIR. __ Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project. __ Mitigation measures or alt~na~ves which were not previously considered in the EIR would substantially lessen one or m~e algnific, a~t effects of the projoc~ Thecefore, it has been found that (check one); __ The proposed project COULD NOT have · algnificant effect on the environment and the previous Negative Declaration adequately addressed the project. NO ADDITIONAL NEGATIVE DECLARATION NEED BE PREPARED. __ The proposed project COULD NOT have · significant effect on the environment; however, the pre~ous Negative Declaration is inadequate so o NEtN NEGATIVE DECLARATION will be prepared. -- Although the propeeed project could have · significant effect on the environment, there will not be · significant eftant in this case because the MITIGATION MEASURES described o~ the attached sheet ee "Project Ameoclment~' have been added to the project. A NEGATIVE DECLARATION will be prepared. __ The proposed project MAY hove · significant effect on the environment, and (chock one): __ The conditions described in (1), (2), or (3) above have occurred rendering the previous EIR inadequate fo~ the project A SUBSEQUENT OR NEW EIR wilt be prepared. __ The conditions described in (1), (2), or (3) above have occurred, AND onty minor additions or chartgee would be necessat7 to make the previous EIR odequote for the project. A SUPPLEMENT to the previous EIR will be prepared. (NOTE; Public review will be the some ee · draft EIR.) __ Only minor technical changes or odditions are necessary to make the EIR adequate under CEGA, and these cha~gee made do not raise importont new issues about significant effects. An ADDENDUM to the EIR wilt be prepared. (NOTE: Public review of addendum not required.) __ The previous EIR odequately oddreesee the impacts associated with the project and fully complies with the requirements of CEQA. NO ADDITIONAL EIR NEED BE PREPARED. PREPARED BY: DATE: Notice of Preparatic To: (Agency) (Address) Lead Agency: Agency Name Street Address City/State/Zip Contact Subject: Notice of Preparation of a Draft Environmental Impact Report Consulting Firm (If applicable): Finn Name Street Address City/State/Zip Contact will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your ageney's statutory responsibilities in connection with the proposed project. Your agency will need to use the prepaxed by our agency when cormidering your permit or other approval for the project. The project description, location, and the potential environmental effects are contained in the attached materials. A copy of the Initial Study ( [] is [] is not) attached. Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than $0 days after receipt of this notice. Please send your response to the name for a contact person in your agency. at the address shown above. We will need Project Title: Project Location: Project Description: Corie0 City (nearest) County Date Signature Tide Telephone Reference: California Administrative Code. Tide 14, (CEQA Guidelines) Sections 15082(a). 15103. 15375. Revised October 1989 MITIGATION MONITORING PLAN I. It~ PACT a.. Aitigation measure Specific description of how mitigation is to be Specific timing of Who does it? What agency implemented, action(s), monitors and enforces? b. vlitigation measure II. IMPACT a. , 4[tigafion measure b. vlitigation measure III. IMPACT a. ,4i§gafion measure b. vlifigation measure *** This format is an example of a typical mitigation monitoring plan. Under some instances, this format may be modified to reflect unique or unusL al circumstances. Project No. MITIGATION MONITORING CHECKLIST The following environmental mitigation measures were incorporated into the Conditions of Approval for the above referenced project in order to mitigate identified environmental impacts to a level less than significant. A completed and initialed checklist for each mitigation measure indicates the specific measure has been implemented, and fulfills the City of Bakersfield's monitoring requirements with respect to CEQA. No Mitigation Measure Dep~i~nt..' . .~rred by · '"BY · what aation? · * Use additional forms if necessary ** EXPLANATION CF HEADINGS No Mitigation Measu e Monlto~ing Depar i~nerrt Compliance occ~ rred by... Veriaed by Notes/Remarks Corresponding item number from Mifiga'fion Plan. Brief description of mi§gabon measure. Depatlment or agency responsible for ~nsuring m~gation measure is implemented. Mitigation satisfied by being shown s~ plan, completed es pe~t of a final map, occupancy permiL etc. When mitigation has been satisfied, this column will be initlaJed and dated. Area for describing status of ongoing measure, o~ other perlinsnt info~ma'fion. Notice of Compi~.;on Mad to: Stale Cleannghouse, 1400 Tenth SIreet, Sacramento. CA 95814 916/445-0613 SCH# Project Titles Lead Agent: Conra~ Pe'~on: St:r~t Address: Phone: City: Zip: Count. NOTE Pro,cot Looatlon C o unr~. City/Nearest Cornmmuty: Cross S m~e~s: Ass~sm's Pa~l No. Sexton: Twp. Within 2 Mila: Stare Nwy ~, Watmnvays: ~ Railways: ~A~: NEPA: [] mNSZ [] Us~ Pernut [] Land Divt~on (Subdivision. Pamui ~ Tract Matx eta.) Pro~aQt Iaaaes Dimroamed in ~sm~m [] Coastal Zone I'-I Fiscal [] ~ Plain/~__,~_~ [] Minetin [] Nols~ I--} Po~. ,I-,a~/Housa~ Balm~e [] Pubtic $ervice~Fscilitles [] Rec,.t~o,~l'arks Preeent Land Use/ZoningJGaneral Plan Use Project De~c:riptlon N~TE ~ C~earm~h~us~ wi~ as~ign idenu~cati~n numbe~ f~r a~ new pm Jects~ ~fa ~CH number ai~e~v e~s~ f ~ a ~t ~ e~g~ ~m a N~ ~ ~ or l:n'evlous ora~t document) please/ill it in. Revved October t 9 Reviewing Agencies t,,;ecklist Resaurcas Agency Boaung & Watenvays Coastal Comnussion Coastal Conservancy Color'a~ River Boanl Con~ervauon Fish & Game Fomsu'y __.Office of I-Iisma~c P~servation __,Parks & Recreation S.F. Bay Cons~vam~ & I~wlopment Commission __,Water Resoumas (DWR) 8usln~ Tmn~n & H~stng __C~fomia ~ghway ~1 C~S D~ ~ Dep~t of T~n~.~ p~g Ho~g & Comm~ __.F~ a Ag~ulmm H~lth & Welfare __.H~ S~ S~e & ~mer OLA (Sc~) KEY S = Document sent by lead n~enc~, X = Document sent by SCH Public Review Period (to be idled m by lead ~e~/) Stamng Date Signature Suggested distribution Environmental Affairs . ~r Resomccs Board APCD/AQMD C~lifnnli~ Waste Management Boant SWRCB: Clean Wnte~ Grants S~RC33: Delta Unit SWRCB: Water Quality SWRCB: Was= Rights Regional WQCB it ( Y00II~ & Adull Cott~'Uon- Co--lions Imlel~nclnm Commissions & Ener~r Com~i~t~ion N~ve American Eerit~e Cornminion Pllblic Utilifi~.~ Tahoe R~gional Planning Agency Other Lea~l Agency (Complete if applicable): Consulting Firm: Addr~: City/S m~/zip: Conlact: Phone: (.__3 Applicant: Address: City/Sum/Zip: Phone: ( ) For SCH Use Only: Dam Received at SCH Date Review Suns Date to Agencses Date to SCH Clearance Date Notes: Revised October 1989 EXHIBIT A CEQA IMPLF. MENTATION PROCEDURES ' ' Initially Adopted: Version 10 Adopted: April 2, 1973 November 4, 1992 C.C. Res. No. 212-92 XlI. RECORD OF REVISIONS Vet No. I 2 3 4 5 6 7 8 9 10 Council Res No. 23-73 13-74 40-74 10-75 24-77 39-78 60-80 132-83 107-86 212-92 ]Approval Date *-2-73 2-11-74 6-3-74 2-24-75 3-28-77 5 -3-78 9-24-80 11-30-83 4-16-86 11-4-92 I Notes Initial adoplion Filing Notice of Exemptions Rewrite of procedures/Mitigation monitoring -15- MEMORANDUM September 18, 1992 CITY OF BAKERSFIELD [3LANNING DEPARTMENT JACK HARDISTY, Planning Director LAURA C. MARINO, Assistant City Attorney MANDATORY FINDINGS OF SIGNIFICANCE UNDER CEQA Section 21083 of the Public Resources Code requires that guidelines be prepared for public agencies to follow in determining whether or not a proposed project may have a "significant effect on the environment." It then outlines conditions under which the criteria shall require a finding that a project may have a "significant effect on the environment." The criteria set forth in Guidelines section 15065 pursuant to this directive are called the "Mandatory Findings of Significance." Pursuant to this guideline, "A Lead Agency shall find that a project may have a significant effect on the environment and thereby require an EIR to be prepared for the project where any of the following conditions occur: (a) The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. (b) The project has the potential to achieve short-term environmental goals to the disadvantage of long- term environmental goals. (c) The project has possible environmental effects which are individually limited but cumulatively considerable. (d) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly." Memo to Jack Hardist¥, Planning Director Re: MANDATORY FINDINGS OF SIGNIFICANCE UNDER CEQA September 18, 1992 Page 2 The Guidelines point out that these mandatory findings are no be used to determine whether an EIR is required and to identify specific areas of focus for an EIR. The purpose of an EIR is to study and identify for the public the environmental effects of a project. If significant impacts are identified in an EIR, then the lead agency may choose to deny the project, mandate mitigation of those impacts or approve the project without mitigation by making findings of overriding consideration. These decisions, however, are to be made publicly. It has been suggested that, when evaluating a project based on the mandatory findings of significance, the planner should attempt to balance the environmental impacts against economic factors. This would be virtually impossible to do without the developer first conducting a study of this factor and submitting it along with the project. Additionally, the result of such a balancing by the planner would be to circumvent the CEQA process by making findings of overriding considerations out of the public purview prior to studying the environmental impacts of the project via the EIR. This would be a clear violation of CEQA. It is important to keep in mind that, in general terms, the purpose of CEQA is to have public bodies identify publicly the impacts a proposed project would have on the environment, and to make' decisions to mitigate or ignore those impacts publicly and place the reasons for doing so on the record. The inclusion of balancing factors in the mandatory findings of significance would have the effect of taking that decision-making process out of the public eye. LCM/meg CEQAFIND.M-4 cc: Jim Eggert, Principal Planner