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 Resolution No. 107-86 is hereby repealed and superseded by this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
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8
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10
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12
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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.
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,-~ 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).
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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