HomeMy WebLinkAboutRES NO 107-86RESOLUTION NO. 107-86
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING OBJECTIVES, CRITERIA AND
PROCEDURES AND THE PREPARATION OF
ENVIRONMENTAL DOCUMENTS, SUPPLEMENTARY TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE
STATE CEQA GUIDELINES AND SUPERSEDING CITY OF
BAKERSFIELD RESOLUTION NO. 132-83.
WHEREAS, recent amendments to the California
Environmental Quality Act and the State CEQ~ Guidelines make it
necessary to amend City procedures set forth in Resolution
No. 132-83.
NOW, THEREFORE, BE IT HESOLVED by the Council of the
City of Bakersfield as follows:
1. That Resolution No. 132-83 is hereby rescinded and
superseded by this resolution.
2. Application of the revisions contained herein to
any project for which a complete application has been received on
or before the date this resolution is adopted, shall be determined
in accordance with Section 15007 of the State CEQA Guidelines.
Such revisions shall apply to all projects for which application
is made after the date this resolution is adopted.
3. That the objectives, Criteria and Procedures for
Orderly Evaluation of Projects and the Preparation of
Environmental Documents Supplementary to the California
Environmental Quality Act and the State CEQA Guidelines, attached
hereto, is hereby adopted.
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I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 16th day of July ,
1986, by the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 16th day of July ,
HAYOR of the City of ~akersfield
1986
APPROVED as to form:
CITY ATTOENEY of the G~ty of Bakersfield
4:AJS/mro
R-CEQA1
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CITY OF BAKERSFIELD
OBJECTIVES, CRITERIA AND PROCEDURES FOR
ORDERLY EVALUATION OF PROJECTS AND THE
PREPARATION OF ENVIRONMENTAL DOCUMENTS
SUPPLEMENTARY TO CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND STATE CEQA GUIDELINES.
(Adopted by Resolution No. 107-86 )
PURPOSE OF CITY OF BAKERSFIELD REGULATIONS
These regulations set forth procedures to be used by the
city of Bakersfield for the evaluation of projects and the
preparation of environmental documents as required by
Section 21082 of the Public Resources Code and Section 15020 of
Chapter 3, Division 6 of Title 14 of the California
Administrative Code. The State CEQA Guidelines and amendments
thereto (Chapter 3, Division 6 of Title 14) (commencing with
Section 15000) of the California Administrative Code are adopted
by reference. Hereinafter, references to such Guidelines shall
be to section numbers only, in the 15000 series. These
regulations are intended to be supplementary to the California
Environmental Quality Act (Public Resources Code, Sections 21000
et seq. and to the said State CEQA Guidelines). Hereinafter,
references to such statutes shall be to CEQA or to section
numbers only, in the 21000 series. The City of Bakersfield is
responsible for complying with CEQA, the State CEQA Guidelines
and these regulations.
II.
MINISTERIAL PROJECTS
(Defined in Section 15369)
Reference i:~ to Sections 15268 and 21080(b)(1)
A. List of Ministerial Projects. In the absence of any
discretionary provisions contained in the relevant City law, the
following actions or activities are examples deemed to be
ministerial and therefore exempt from the requirements of CEQA.
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1. Issuance of building permits, plumbing permits,
electrical permits, mechanical permits, sign code permits and
demolition permits.
Issuance of business licenses.
Approval of final subdivision and parcel maps,
3.
and site plans.
4.
Approval of individual utility service
connections and disconnections.
Issuance of trailer park operating permits.
Issuance of occupancy permits for commercial and
6.
industrial uses.
7.
Permits issued by the Building Director under
Section 17.42.040 and Section 17.44.040 of the Municipal Code
(Flood Plain Regulations).
8. Home occupation permits.
9. Other actions or activities which are wholly
ministerial under Sections 15268 and 15369.
B. CEQA Applies if Project Has Discretionary Elements.
Where a project involves an approval that contains elements of
both a ministerial action and a discretionary action, the project
will be deemed to be discretionary and will be subject to the
requirements of CEQA.
III.
CATEGORICAL EXEMPTIONS
(Defined in Section 15354)
Reference is to Sections 15300 through 15329
A. Categorically Exempt Projects Must be Discretionary.
Categorical exemptions are to be applied only where a project is
not ministerial. Inclusion of activities in the following list
which may be ministerial shall not be construed as a
determination that such an activity is discretionary.
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B. Additions to List of Exemptions to Certain Classes.
Following is a continuation to the list of specific activities
which fall within the exempt classes specified below, which
activities are deemed to be consistent with the letter and intent
expressed in the classes. For the complete list of the classes
and the specific activities which are categorically exempt,
reference must be made to Sections 15301 through 15329. EIRs or
Negative Declarations are not required for projects described,
except under the provisions of Section 15300.2.
Class 3: New Construction or Conversion of Small
Structures. (Following is a continuation of the list under
Section 15303):
f. Signs permitted
provided for in Chapter 17.60 of
under any permit procedure
the Municipal Code.
Class 4: Minor Alterations to Land.
continuation of the list under Section 15304):
i. Construction permits under Chapter 12.].6 of the
Municipal Code.
j. Street use permits under Chapter 12.12 of the
Municipal Code.
k. Utility Pole permits under chapter 12.12 of the
Municipal Code.
1. Installation of traffic signals and street
lighting.
m. Weed abatement under Chapter 8.28 of the
Municipal Code.
n. House-moving permits under Chapter 12.12 of the
Municipal Code.
o. Formation and operation of maintenance districts
under Chapter 13.04 of the Municipal Code.
Class 5: Minor Alterations in Land Use Limitations.
(Following is a continuation of the list under Section i[5305):
(Following is a
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d. Minor modification of zoning development
standards.
Municipal Code.
f. Conditional
six children or less.
g. Minor street,
vacations and dedications.
h. Site plan approvals
Municipal Code.
Encroachment permits under Chapter 12.20 of the
use permits for day nurseries with
alley and utility easement
under Chapter 17.53 of the
PROCEDURES PRIOR TO INITIAL STUDY
A. No Possibility of Significant Effect. When any
activity is proposed, the following preliminary determination may
be made: The Development Services Department shall evaluate the
proposal to determine if there is a possibility that the activity
may have a significant effect on the environment. Criteria for
such determination shall be the requirements set forth in CEQA
and the State Guidelines. If it can be seen with certainty that
there is no possibility that the activity in question may have a
significant effect on the environment, the activity shall be
deemed not covered by the requirements of CEQA, the State CEQA
Guidelines or these regulations. Such department shall maintain
a list of activities which have been determined to be exempt.
The determination authorized herein for exemptions to CEQA is
provided for in Section 15061.
B. Possibility of Significant Effect--Whether a
"Project". Where there is a possibility that the activity could
have a significant effect, the Development Services Department
shall determine if the activity is a project under Section 15378.
If it is not a "Project", no environmental documents are required.
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C. Determination of Type of Project. If the activity
is a project under Section 15378, the Development Services
Department shall determine if it is ministerial, emergency or
discretionary. If it is ministerial or emergency within the
meaning of CEQA and the State CEQA Guidelines, it is exempt from
the requirements of CEQA and no EIR is required. If the project
is determined to be discretionary, the Department shall further
determine whether the project is categorically exempt, in which
case no environmental documents are required.
D. Notice of Exemption. (Defined in Section 15374) In
the event the City approves or determines to carry out a project,
and it has been determined that the project is ministerial,
categorically exempt or emergency, then a Notice of Exemption may
be filed with the Kern County Clerk in the form appearing in
Appendix E of the State EIR Guidelines, in accordance with
Section 15062. The Development Services Department shall be
responsible for the filing of Notices of Exemption. The applicant
may also file such Notice of Exemption, together with a certified
document issued by the City stating it has found the project to be
exempt.
E. Projects with Short Time Periods for Decision.
1. Some state statutes require agencies to make
decisions on permits within time limits that are so short that
review of the project under CEQA would be difficult to enable the
City to comply with both the permit statute and CEQA, the City
shall deem an application for a project not received for filing
under the permit statute (or implementing ordinance) until such
time as the environmental documentation required by CEQA has been
completed. This subsection is based on Section 15111 and will
apply where all of
a.
other than Chapter
the following conditions are met:
The enabling legislation for a program,
4.5 (commencing with Section 65920) of
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Division 1 of Title 7 of the Government Code, requires the City
to take action on an application within a specified period of
time that is six months or less (Review and Approval of
Development Projects--Chapter 4.5).
b. The enabling legislation provides that the
project will become approved by operation of law if the City
fails to take any action within such specified time period.
c. The project involves the issuance of a
lease, permit, license, certificate, or other entitlement for use.
2. Examples of time periods subject to this
subsection include but are not limited to:
a. Action by the city within 50 days on a
tentative subdivision map for which an EIR is being or will be
prepared pursuant to Article 2 (commencing with Section 66452) of
Chapter 3, Division 2, Title 2 of the Government Code, but a
negative declaration for a subdivision map must be completed
within the 50-day period (see Government Code Section
66452.1(c)).
b. Action on an oil and gas permit by the
Division of Oil and Gas within 10 days pursuant to Section 3203 or
3724 of the Public Resources Code.
3. In any case described in this subsection, the
environmental document shall be completed or certified and the
decision on the application shall be made within one year from the
date on which an application requesting approval of such project
has been received and accepted as complete for CEQA processing by
such agency. This one-year time limit may be extended once for a
period not to exceed 90 days upon consent of the public agency and
the applicant.
V.
INITIAL STUDY
(Defined in Section 15365)
A. Determination Whether EIR or Negative Declaration
Must be Prepared. In the event the discretionary project is not
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exempt, the Development Services Department shall determine
whether an EIR or a Negative Declaration must be prepared. To
make such determination, an Initial Study shall be prepared
pursuant to Sections 15063--15065. Such preparation is not
necessary if the Department determines that the project will
clearly have a significant effect on the environment.
B. Environmental Information Form. In all cases, the
applicant shall prepare fully, and submit, the Environmental
Information Form (Appendix H in the State CEQA Guidelines) to the
Development Services Department, such forms to be furnished by the
City. Upon receipt of the said form fully prepared by the
applicant and accompanied by the appropriate fee for private
property, the Department shall examine its contents and consult
with the applicant as to the completeness, accuracy and
objectivity of the information contained in such form, and shall
attach to such form a sheet containing any further information,
corrections or revisions, to the end that information concerning
the project shall be complete, accurate and objective.
C. Environmental Checklist Form. Upon completion of the
Environmental Information Form in accordance with subparagraph B,
the Development Services Department shall fully prepare the
Environmental Checklist form (Appendix I in the State CEQA
Guidelines), taking full cognizance of the examples of
consequences which may be deemed to be a significant effect on the
environment as contained in Appendix G of the State EIR
Guidelines, the mandatory findings of significance set out in
Section 15065 and the considerations stated in Section 15064 and
the definition of "significant effect on the environment" stated
in Section 15382. Delay and paperwork may be reduced if the
Initial Study is used to identify significant environmental issues
and to narrow the scope of EIRs.
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D. Consultation. As soon as the Development Services
Department has determined that an Initial Study will be required
for the project, the City shall consult informally with all
responsible agencies and all trustee agencies responsible for
resources affected by the project to obtain the recommendations
of those agencies as to whether an EIR or a negative declaration
should be prepared. During or immediately after the preparation
of an Initial Study for a private project, the city may consult
with the applicant to determine if the applicant is willing to
modify the project to reduce or avoid the significant effects
identified in the Initial Study. (See Section 15063(g).)
In the case of a project involving the issuance to a
person of a loan, permit, license, certificate, or entitlement
for use by the City, the Development Services Department shall,
upon the request of applicant, provide for an early consultation
pursuant to, and consistent with, Section 21153 of the Public
Resources Code.
E. Determinations to be Made Upon Initial study. Upon
completion of the Initial Study, the Development Services
Department shall make one of the following determinations:
1. That the proposed project could not have a
significant effect on the environment and a Negative Declaration
will be prepared.
2. That although the proposed project could have a
significant effect on the environment, there will not be a
significant effect in this case because revisions in the project
plan or proposals made by or agreed to by the applicant before the
proposed Negative Declaration is released for public review would
avoid the effects or mitigate the effects to a point where clearly
no significant effects would occur, and there is no substantial
evidence before the city that the project as revised may have a
significant effect on the environment and that a Negative
Declaration will be prepared. (See Sections 15063(c)(2) and
15070(b)(1).)
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3. That the proposed project may have a significant
effect on the environment and an Environmental Impact Report is
required.
VI.
NEGATIVE DECLARATION
(Defined by Section 15371)
A. Preparation of Negative Declaration. The
Development Services Department shall prepare a proposed Negative
Declaration for a project when either:
1. The Initial Study shows that there is no
substantial evidence that the project may have a significant
effect on the environment, or
2. The Initial Study identified potential
significant effects, but revisions in the project agreed to by the
applicant would avoid or mitigate the effects to a point where no
significant effects would occur. (See Section 15070(b)(1).)
(For the use of a Negative Declaration, see
Section 15070.)
B. Contents of Negative Declaration. (Section 15071)
A Negative Declaration circulated for public review shall include:
1. A brief description of the project; including a
commonly used name for the project, if any.
2. The location of the project, preferably shown on
a map, and the name of the project proponent.
3. A proposed finding that the project will not
have a significant effect on the environment.
4. An attached copy of the Initial Study
(Environmental Information Form and Environmental Checklist Form,
completed) documenting reasons to support the finding.
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5. Mitigation measures, if any, included in the
project to avoid potentially significant effects.
VII.
PROVISIONS FOR PUBLIC REVIEW AND COMMENT ON NEGATIVE DECLARATION
Adequate opportunity and time for public review and
comment on the Negative Declaration shall be afforded as follows:
A. Review by State Agencies. Proposed Negative
Declarations to be reviewed by state agencies shall be submitted
to the State Clearinghouse, 1400 Tenth Street, Sacramento,
CA 95814, in not less than 10 copies unless a lower number is
approved for distribution to the state agencies. Such review
shall apply to proposed Negative Declarations where a state
agency is a responsible agency, trustee agency or otherwise has
jurisdiction by law over natural resources affected by the
project. Findings of No Significant Impact (FONSI) prepared
pursuant to NEPA, the Federal Guidelines (Title 40 CFR, Part 1500,
commencing with Section 1500.1) and Parts I and II of Office of
Management and Budget Circular A-95 shall also be submitted to the
State Clearinghouse. The City may also send proposed Negative
Declarations to the State Clearinghouse for review where a state
agency has special expertise with regard to the environmental
impacts involved. The review period shall be at least as long as
the period provided in the State Review System operated by the
State Clearinghouse except when a shorter period is set by the
State Clearinghouse.
In the state review system,
30 days for Negative Declarations.
the State Clearinghouse may set a
requested by the City.
the normal review period is
In exceptional circumstances,
shorter review period when
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Be
Declaration.
Notice to Public of Preparation of Proposed Negative
1. Notice by mail of the preparation of a proposed
Negative Declaration shall be given to all organizations and
individuals who have previously requested such notice and shall
be given at least 10 days prior to adoption of the Negative
Declaration.
2. In all cases, Notice of the preparation of a
proposed Negative Declaration shall be provided to the public, by
publication once in a newspaper of general circulation published
in the city, at least 10 days prior to adoption of the Negative
Declaration. The notice shall describe the project, state that
it has been found that such project will not have a significant
effect on the environment, state where the proposed Negative
Declaration may be inspected and state the deadline for receipt
of comments and the place where comments may be sent.
3. In all cases, Notice of the preparation of a
proposed Negative Declaration shall be provided by posting it, at
least 10 days prior to adoption of the Negative Declaration, on
the Planning Director Bulletin Board. The Notice shall state the
deadline for receipt of comments on the Negative Declaration and
the place where comments may be sent.
4. Notwithstanding the requirements set forth in
subsections 1., 2., and 3., above, the department shall provide
public notice of the preparation of a Negative Declaration, at
the same time and in the same manner as public notice otherwise
required by law for the project under consideration, e.g. public
notice required by law for the project shall be combined with the
public notice required for the preparation of the proposed
Negative Declaration.
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5. Comments received during the consultation and
review period on the proposed Negative Declaration which raise
significant environmental points as to the project shall receive
adequate response by the department before forwarding to the
decision-maker. The department is not foreclosed from causing an
EIR to be prepared at any time.
6. All comments which have been received and the
responses thereto shall be forwarded to the decision-maker with
the proposed Negative Declaration together with the Initial Study
(the completed Information and Checklist Form) documenting reasons
to support the finding, for its evaluation, consideration and
decision on the Negative Declaration prior to approval of the
project.
7. Prior to approving the project, the
decision-making body of the City shall consider the proposed
Negative Declaration together with any comments received during
the public review process. The decision-making body shall approve
the Negative Declaration if it finds, on the basis of the Initial
study and any comments received, that there is no substantial
evidence that the project will have a significant effect on the
environment. The decision-making body or official may also modify
or reject the proposed Negative Declaration, and require the
Department to cause an EIR to be prepared.
VIII.
NOTICE OF DETERMINATION
(Defined in Section 15373)
(See also Section 15075. A copy of this Notice appears in
Appendix D of the State CEQA Guidelines.)
A. Filing After Approval of Project for Which Negative
Declaration Was Prepared. After making a decision to carry out
or approve a project for which a Negative Declaration has been
prepared, the Development Services Department shall, within five
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working days of a project approval, file with the Kern County
Clerk a Notice of Determination in the form set forth in
Appendix D, together with a copy of the Negative Declaration
attached.
B. Contents of Notice of Determination. The Notice of
Determination shall include:
1. An identification of the project, including its
common name where possible, and its location.
2. A brief description of the project.
3. The date on which the City approved the project.
4. The determination of the City that the project
will not have a significant effect on the environment.
5. A statement that a Negative Declaration has been
prepared pursuant to the provisions of CEQA.
6. The address where a copy of the Negative
Declaration may be examined.
C. Where Project Requires State Approval. If the
project requires discretionary approval from a state agency, the
Notice of Determination also shall be filed with the Office of
Planning and Research, 1400 Tenth Street, Sacramento, CA 95814.
D. Filing Starts Statute of Limitations. The filing of
the Notice of Determination starts a 30-day statute of limitations
on court challenges to the approval under CEQA.
IX.
DECISION TO PREPARE EIR -- EIR PROCESS
For a definition of "environmental impact report" see
Section 15362, for the process of using an EIR, see Sections
15080--15096; for required EIR content and approaches to writing
EIRS, see Sections 15120--15168.
A. If the Development Services Department finds, after
the Initial Study, that the project may have a significant effect
on the environment, it must prepare or cause to be prepared an EIR.
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B. An EIR should be prepared whenever it can be fairly
argued on the basis of substantial evidence that the project may
have a significant effect on the environment.
C. An EIR should be prepared when the Development
Services Department determines to do so upon receipt of comments
during the consultation and review process for a Negative
Declaration raising significant environmental points as to the
project and when the decision-making body or official rejects the
Negative Declaration.
X.
THE EIR PROCESS
The following steps shall be followed after it is
determined that an EIR shall be prepared:
A. Early Consultation--Prior to Completing Draft.
1. Before completing a Draft EIR consisting of the
information specified in Sections 15124, 15125, and 15126 (as
modified by Section 15127 where applicable) the appropriate City
representatives shall consult with all responsible agencies
pursuant to Section 15063(g). In addition, if it has not already
done so, the City should also consult directly with any person or
organization it believes will be concerned with the environmental
effects of the project.
2. For projects where federal involvement might
require preparation of a federal EIS, the City should consult with
the appropriate federal agency on the need for an EIS. If both an
EIR and EIS are needed, the documents should be prepared jointly
where federal regulations or procedures allow, or the EIR should
be prepared pursuant to Section 15221. Preparation of a separate
EIR and EIS for the same project should be avoided if possible.
B. Notice of Preparation. Immediately after deciding
that an EIR is required for a project, the city shall send to
each Responsible Agency and Trustee Agency, a Notice of
Preparation, (Appendix J) stating that an EIR will be p~epared.
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This Notice shall also be sent to every federal agency involved
in approving or funding the project and to each Trustee Agency
responsible for natural resources affected by the project. The
Notice of Preparation shall provide the Responsible Agencies with
sufficient information describing the project and the
environmental effects to enable the Responsible Agencies to make a
meaningful response. At a minimum, the information shall
include:
1. Description of the project;
2. Location of the project indicated on an attached
map (preferably a copy of a U.S.G.S. 15' or 7-1/2' topographical
map identified by quadrangle name, or by a street address in an
urbanized area); and
3. Probable environmental effects of the project.
The City may begin work on the Draft EIR immediately
without awaiting responses to the Notice of Preparation.
To send copies of the Notice of Preparation, the City
shall use either certified mail or any other method of transmittal
which provides it with a record that the Notice was received.
When one or more state agencies will be a Responsible
Agency, the City shall send a Notice of Preparation to each state
Responsible Agency and each Trustee Agency with a copy to the
State Clearinghouse. When it is submitted to the State
Clearinghouse, the state identification number will be the
identification number for all subsequent environmental documents
on the project. The identification number should be referenced on
all subsequent correspondence regarding the project, specifically
on the title page of the Draft EIR and Final EIR and on the Notice
of Determination.
C. Significant Effect on the Environment. A significant
effect on the environment is defined as a substantial, or
potentially substantial, adverse change in the physical conditions
which exist in the a~ea affected by the proposed project. An EIR
must be prepared when a project may have a significant effect on
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the environment. Further, when an EIR identifies a significant
effect, the City, upon approving the project, must make findings
on whether there are feasible ways available to avoid or reduce
the adverse environmental effects.
D. Notice of Completion. (Defined by Section 15372)
1. As soon as the Draft EIR is completed, (after
consultation with responsible agencies) a Notice of Completion
in the form shown in Appendix C of the State CEQA Guidelines, must
be filed with the Office of Planning and Research.
2. Where the EIR will be reviewed through the State
review process handled by the State Clearinghouse, the cover form
required will serve as the Notice of Completion, and no Notice of
Completion need be sent to the Office of Planning and Research.
E. Public Review -- Prior to Public Hearings.
1. After completing a Draft EIR, the appropriate
city representatives shall consult with and obtain comments from
public agencies having jurisdiction by law with respect to the
project and should consult with persons having special expertise
with respect to any environmental impact involved.
2. Copies of the Draft EIR may be sent to Kern COG
for distribution to appropriate agencies together with a notice of
the time and place of public hearing. Otherwise, the City shall
send copies of the Draft EIR directly to each affected local
agency with appropriate public hearing notice.
3. At least one copy of the Draft EIR shall be sent
to both the main Public Library and the Law Library.
4. The Notice of Completion or other Notice shall
be posted on the Planning Department Bulletin Board, together with
Notice of the time and place of the public hearing on the Draft
EIR and information where copies are available for review.
5. Copies of the Draft EIR shall be made available
for acquisition by members of the general public. Any person
requesting a copy shall be charged with actual cost of reproducing
it.
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F. Time for Review. At the time copies of the Draft
EIR are submitted for review on or about the time of the filing of
the Notice of Completion, the Development Services Department
shall establish a time period so as to permit adequate review of
and comment on the Draft EIR by public agencies, organizations or
persons prior to the public hearing. Such period of time shall be
based upon the size and scope of the proposed project; such review
period shall not be less than 30 days nor longer than 90 days from
the filing of the Notice of Completion, except in unusual
situations. The review period for draft EIRs for which a state
agency is a responsible agency shall be at least 45 days unless a
shorter period is approved by the State Clearinghouse.
G. Public Hearing on Draft EIR. All draft EIRs shall
be considered at a public hearing before the Planning Commission
of the City of Bakersfield. The following procedure shall apply:
1. The public hearing shall be held and conducted
not earlier than 30 nor later than 90 days from the filing of the
Notice of Completion, except in unusual cases.
2. Notice of the time and place of such public
hearing shall be given by publishing notice thereof in a newspaper
of general circulation published in the City at least 1!5 days
prior to the date of the hearing and posting such notice during
such period on the bulletin board of the Planning Department. The
public notice may be provided at the same time in the same manner
as public notice otherwise required by law for the project.
3. Such notice shall describe the project as to
nature, purpose and location, and shall invite the public to
attend the hearing and comment on the Draft EIR.
4. At the hearing, the focus of the review shall be
on the objectivity and adequacy of the Draft EIR in discussing
possible impacts upon the environment, ways in which adverse
effects might be minimized, and alternatives to the project in
light of the intent of CEQA, to provide decision-makers with
useful information about such factors.
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H. Response to Comments. It is the responsibility of
the Development Services Department to respond in writing to all
significant environmental points raised in the review,
consultation and public hearing process. Such response may take
the form of a revision of the Draft EIR or may be an attachment to
the Draft EIR. Where the response to comments makes important
changes in the information contain in the text of the Draft EIR,
the City should either:
1.Revise the text in the body of the
EIR, or
2. Include marginal notes showing that
the information is revised in the
Response to Comments.
In particular, the major environmental issues raised when the
City's position is at variance with recommendations and objections
raised in the comments must be addressed in detail giving reasons
why specific comments and suggestions were not accepted. There
must be good faith, reasoned analysis in response. Conclusory
statements unsupported by factual evidence will not suffice. (See
Section 15088).
When the Development Services Department has added
significant new information to the Draft EIR pursuant to public
review and/or comments from responsible agencies or any other
public agencies, then notice shall be given again and a public
hearing be held again pursuant to Paragraph X (G).
XI.
PREPARATION OF FINAL EIR
A. Contents of Final EIR. Environmental Impact
Reports must contain the information outlined in Article 9
(commencing with Section 15120) of the State CEQA Guidelines, and
shall contain a brief summary of the proposed action and its
consequences in language sufficiently simple that the issues can
be understood by the average member of the lay public. The EIR
shall also contain a table of contents or an index. The summary
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shall stress the major conclusions, areas of controversy
(including issues raised by agencies and the public) and the
issues to be resolved (including the choice among alternatives and
how to mitigate the significant effects). The summary should
normally not exceed fifteen (15) pages.
The Final EIR shall consist of:
1. The Draft EIR or a revision of the draft.
2. Comments and recommendations received on the
Draft EIR either verbatim or in summary.
3. A list of persons, organizations, and public
agencies commenting on the Draft EIR.
4. The responses of the City of significant
environmental points raised in the consultation and review
process.
5. Any other information added by the City.
B. Action by Planning Commission on Final EIR. When
the Final EIR has been completed by the Development Services
Department, it shall be placed on an agenda of a regular meeting
of the Planning Commission for evaluation and consideration by
said Commission.
1. The Planning Commission shall determine whether
or not to recommend certification that the Final EIR has been
completed in compliance with CEQA, the State CEQA Guidelines and
these regulations. Where the Planning Commission is the
decision-making body, it shall so certify the Final EIR as so
completed and that it has reviewed and considered the information
contained in the Final EIR prior to the approval of the project.
2. When the Planning Commission is the
decision-making body, it shall not approve or carry out a project
for which a Final EIR has been completed which identifies one or
more significant effects of the project unless it makes one or
more of the following written findings for each of those
significant effects, accompanied by a statement of the facts
supporting each finding.
-19-
a. Changes or alterations have been required
in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effects thereof as identified
in the Final EIR.
b. Such changes or alterations are within the
responsibility and jurisdiction of another public agency and not
the agency making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such other
agency.
c. Specific economic, social or other
considerations make infeasible the mitigating measures or project
alternatives identified in the Final EIR.
3. The findings required by subsection 2 above
shall be supported by substantial evidence in the record.
4. The finding in subsection 2., b. above shall
not be made if the agency making the finding has concurrent
jurisdiction with another agency to deal with identified feasible
mitigation measures or alternative.
C. Certification of Final EIR.
1. The Final EIR shall be presented to the
decision-making body of the City. That body (City Council, Board
of Zoning Adjustment or other official or body), shall certify
that the Final EIR has been completed in compliance with CEQA, the
State CEQA Guidelines and these regulations and that such body or
official having finalL approval authority over the project has
reviewed, evaluated and considered the information contained in
the Final EIR prior to approval of the project.
2. The decision-making body shall not approve or
carry out a project for which a Final EIR has been completed which
identifies one or more significant effects of the project unless
it makes one or more of the written findings for each of those
significant effects, as set forth in subsection B above,
accompanied by a statement of the facts supporting each finding.
-20-
XII.
NOTICE OF DETERMINATION -- AFTER EIR
(See Section 15094)
A. Filing of Notice of Determination. After approving
a project for which an EIR has been prepared, the Development
Services Department shall file a Notice of Determination with the
Kern County Clerk in the form set forth in Appendix D. If the
project requires discretionary approval from a state agency, the
Notice shall also be filed with the Office of Planning and
Research. Such notice shall include:
1. An identification of the project including its
common name where possible and its location.
2. A brief description of the project.
3. The date when the City approved the project.
4. The determination of the City whether the
project in its approved form will have a significant effect on the
environment.
5. A statement that an EIR was prepared and
certified pursuant to the provisions of CEQA.
6. Whether mitigation measures were made a
condition of the approval of the project.
Whether findings were made pursuant to Section
t
XI. B. (2).
8.
Whether a State of Overriding Considerations was
adopted for the project.
9. The address where a body of the EIR and the
record of project approval may be examined.
B. Filing Starts Statute of Limitations Period. The
filing of the Notice of Determination starts a 30-day statute
of limitations on court challenges to the approval under CEQA.
-21-
XIII.
APPENDICES
A. Appendix A is the Flow Chart.
B. Appendix B is the Statutory Authority of State
Departments.
C. Appendix C is the Notice of Completion.
D. Appendix D is the Notice of Determination.
E. Appendix E is the Notice of Exemption.
F. Appendix F is the Energy Conservation Document.
G. Appendices G are the examples of significant
effects.
H. Appendix H is
I. Appendix I is
J. Appendix J is
K. Appendix K is
the Environmental Information Form.
the Environmental Checklist Form.
the Notice of Preparation.
the Archaeological Impact Document.
XIV.
TIME LIMITS -- EIRs AND NEGATIVE DECLARATIONS
A. For projects described in subdivision (c) of Section
21065 of the Public Resources Code, e.g., activities involving the
issuance to a person of a lease, permit, license, certificate, or
other entitlement for use, by City, the following time periods for
performing the functions described in the paragraph shall apply.
1. With a private project, the City shall complete
and certify the Final EIR in not more than one year from the date
on which an application requesting approval for the project is
received and accepted as complete by the City.
2. With a private project, the City shall complete
a proposed Negative Declaration in not more than 105 days from the
date on which an application requesting approval for the project
is received and accepted. Completion shall include the Initial
Study, public review, and the preparation of a document ready for
approval by the decision-making body. Completion need not include
the approval of the Negative Declaration by the decision-making
-22-
body. Prior to approving a project, the decision-making body
shall consider and approve the Negative Declaration.
3. Within thirty (30) days after accepting an
application as complete, the City shall make an initial
determination of whether the project will need an EIR or a
Negative Declaration.
~ 15-day extension is permitted upon
consent by the project application and the lead agency.
4. The City shall convene a meeting with one or
more responsible agencies to discuss the scope and content of a
proposed EIR as soon as possible but not later than 30 days after
the meeting is requested as provided by Section 15104.
5. As soon as possible after receiving a Notice of
Preparation and in no event more than 30 days after receiving the
notice, a responsible agency shall inform the City as Lead Agency
of the cope and content of the environmental information that the
responsible agency would need in the EIR.
B. In the event that compelling circumstances justify
additional time and the project applicant consents, reasonable
extension of the time periods may be made.
C. At the request of applicant, the City may waive the
one-year time period for completing and certifying a Final EIR or
the 105-day period for certifying a Negative Declaration if the
following conditions occur:
1. The project will be subject to CEQA and to the
National Environmental Policy Act (NEPA).
2. Additional time will be required to prepare a
combined EIR-EIS or a combined Negative Declaration finding of no
significant impact as provided in Section 15222.
3. The time required to prepare the combined
document will be shorter than the time required to prepare the
documents separately.
-23-
XV.
FEES
A. Preliminary Environmental Assessment -- Prior to
Initial Study. There shall be no fee for a preliminary
environmental assessment prior to the Initial Study as set forth
in Paragraph IV.
B. Initial Study. The fee for environmental assessment
where it has been determined that the activity is not exempt under
CEQA, e.g., the Initial Study and preparation of Negative
Declaration, shall be included in the discretionary permit
application fee.
C. Environmental Impact Report. The fee for the review
and coordination of an Environmental Impact report for a project
sponsored entirely by a person other than the city shall be
included in the discretionary permit application fee (or $595) and
shall be paid at the time it is determined that an EIR will be
required. Such fee does not include the cost of preparation of an
EIR by a consultant and such additional cost shall be paid to the
City upon demand by the Planning Director.
D. Excess Cost. Where the estimated cost to the City
to be incurred in preparing the Initial Study and Negative
Declaration or the EIR is in excess of the minimum fees
established under B and C above, a reasonable fee may be charged
and collected from such sponsor, in order to recover the estimated
costs, which fees must be paid within a reasonable time after
notification by the Development Services Department. If any
dispute arises over the amount of such fees, the City Council
shall determine the amount of such fee, which decision is final.
E. Copies to Public. The City shall charge and collect
a fee from members of the public the actual cost of reproducing a
copy of the Negative Declaration or EIR requested by the member of
the public.
.......... o0o ..........
-24-
APPENDIX A
CEQ^ PROCESS !='LOW
Public agency determines
whether the activity Is a __ Not a project
I
Proiect
Public agency determines lf~ ~ Statutory exemption
the project is exempt __ Categorical exemption
Not elxempt I
Pub,lc agency evaluates project to ~ 1
that the project may have a slg- effect
No further actionI
required under
CE~^ ]
Possible signlficant effect
Determination of lead agency where
more than ! public agency is
involved
// Lead agency-~
Lead agency prepares Initial
study
Respond to Informal ~__~atlon I
consultation Lead agency decislofi to prepare
~EIR or Negat ve Declaration J
Negative Declaration
~ Lead a~ency sends Notice of
i ~ I preparation to responsible agencyI
Respond to Notice of Pre-r- . . '
t paration a~ to contents of ~--Consultation
[ draft EIR J [ Lead agency prepares draft EIR [
I
~{Lead agency flies Notice of Com-[ Lead agency gives public
~ Iplet o~ and gives public notice of notice of availability
Comments on adequacy of ~ lavallabUlty of draft EIR I of NegatlvelDeclaratlon
draft EIR or Negative [--Consultation
Declaration ~ PubUc raylaw period Public review period
~1 Lead agency prepares final
~ in¢lnding resport, es to comments
~ co draft EIR
[
Decision maldng body co~siders Consideration and approval of Consideration and approval
final EIR by decision making of Negative Declaration
final EIR or Negative Declaration by decision making body
[prepared by ead agency body
Findings o~ feasl~Ulty of reducing Findings on feasibllty of reducing
or avoiding significant environ-
or avoiding significant e~vlron-
mental effects mental effects
I
' IDecision on project[ IDeclsion on ProjectI
nation with O~fice o! Deterrninatlon with nation with O~fice of Deterralnatlon with
Planning and Research County Clerk Planning and Research Count)' Clerk
NOTE: This flow chart Is intended merely to Illustrate the EIR process contemplated by these Guidelines. The language
containnd in the Guidelines controls in case of discrepancies.
Revised/Effective 3anuary 198.5
Project Title
Project Location-Specific
Project Location-City
APPENDIX C
State of California
OFFICE OF PLANNING AND RESEARCH
lt~00 Tenth Street, Room 121
Sacramento, CA 9581t~
NOTICE OF COMPLETION FORM
Project Location-Cotmty
Description of Nature, Purpose, and Beneficiaries of Project
Lead Agency
Address Where Copy of EIR is Available
Division
Review Period
Contact Person
Area Code Phone
Extension
A NOTICE OF COMPLETION AND ENVIRONMENTAL DOCUMENT TRANSMITIAL FORM MAY BE
SUBSTITUTED FOR APPENDIX "C".
Revised 3anuary 1985
APPENDIX D
NOTICE OF DETERMINATION
TO:
or
SUB3ECT:
Office of Planning and Research
1~00 Tenth Street, Room 121
Sacramento, CA 9581~
FROM:
(Public Agency)
County Clerk
County oI
Filing of Notice of Determination in compliance with Section 21108 or 21152
of the Public Resources Code.
Project Title
State Clearinghouse Number
(Lf submitted to Clearinghouse)
Contact Person
Telephone Number
Project Location
Project Description
This is to advise that the
(Lead Agency or Responsible Agency)
has approved the above described 'project and has made the following determinations
regarding the above described project:
1. The project __ will, __ will not, have a significant effect on the environment.
2. An Environmental Impact Report was prepared for this project pursuant
to the provisions of CEQA.
A Negative Declaration was prepared for this project pursuant to the
provisions of CEQA.
The EIR or Negative Declaratio~ and record of project approval may be
examined at:
Mitigation measures were, were not, made a condition o! the approval
of the project.
A statement o! Overriding Considerations was, was not, adopted for
this project.
Date Received for Filing
Signature
Title
Revised 3anuary 1985
TO:.
APPENDIX E
NOTICE OF EXEMPTI¢
O~[fice of Planning and Research
lt~00 Tenth Street, Room 121
Sacramento~ CA 9581~
County Clerk
County of
FROM:
(Public Agency)
Project Title
Project Location-Specific
Project Location--City Project Location-County
Description of Nature~ Purpose, and Beneficiaries of Project
Name o! Public Agency Approving Project
Name of Person or Agency Carrying Out Project
Exempt Status; (Check One)
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071 (a))
Emergency Project (Sec. 15071 (b) and (c))
Categorical Exemption. State type and section number.
Reasons why project is exempt:
Contact Person
Area Code Telephone Extension
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been tiled by the public agency approving
the project7 Yes No .
Date Received for Filing
Signature
Title
Revised 3anuarY 1985
I-1
APPENDIX I
ENVIRONMENTAL CHECKLIST FORM
(To be completed by Lead Agency)
BACKGROUND
1. Name of Proponent:
2. Address and Phone Number of Proponent:
3. Date of Checklist Submittal:
4. Agency Requiring Checklist:
5. Name of Proposal, if applicable:
I!
ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required on attached sheets.)
YES MAYBE N~O
Earth Will the proposal result in:
a. Unstable earth conditions or in changes
in geologic substructures?
b. Disruptions, displacements, compaction,
or overcovering of the soil?
c. Change in topography or ground surface
relief features?
d. The destruction, covering, or modifi-
cation of any unique geologic or physical
features?
e. Any increase in wind or water erosion
of soils, either on or off the site?
f. Changes in deposition or erosion of
beach sands, or changes in siltation, de-
position or erosion which may modify the
channel of a river or stream or the bed of
the ocean or any bay, inlet or lake?
g. Exposure of people or property to
geologic hazards such as earthquakes, land-
slides, mudslides, ground failure, or
similar hazards?
1-2
2. Air Will the proposal result in:
a. Substantial air emissions or deterioration of
ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture or
temperature, or any change in climate, either
locally or regionally?
3. Water Will the proposal result in:
a. Changes in currents, or the course or
direction of water movements, in either marine
or fresh water?
b. Changes in absorption rates, drainage
patterns, or the rate and amount of surface
water runoff?
c. Alterations to the course or flow of
flood waters?
d. Change in the amount of surface water in
any water body?
e. Discharge into surface waters, or in any
alteration of surface water quality, including
but not limited to temperature, dissolved
oxygen or turbidity?
f. Alteration of the direction or rate of
flow of ground waters?
g. Change in the quantity of ground waters,
either through direct additions or withdrawals,
or through interception of an aquifer by cuts
or excavations?
h. Substantial reduction in the amount of
water otherwise available for public water
supplies?
i. Exposure of people or property to water
related hazards such as flooding or tidal waves?
j. Will the proposal result in water service
from any public or private entity?
4. Plant Life Will the proposal result in:
a. Change in the diversity of species or
number of any species of plants (including
trees, shrubs, grass, crops, microflora and
aquatic plants)?
YES
MAYBE
NO
I-3
Plant Life (continued)
b. Reduction of the numbers of any unique, rare
or endangered species of plants?
c. Introduction of new species of plants into
an area, or in a barrier to the normal replenish-
ment of existing species?
d. Reduction in acreage of any agricultural
crop?
Animal Life Will the proposal result in:
a. Change in the diversity of species or
numbers of any species of animals (birds, land
animals including reptiles, fish and she'llfish,
benthic organisms, insects or microfauna)?
b. Reduction of the numbers of any unique,
rare or endangered species of animals?
c. Introduction of new species of animals
into an area, or result in a barrier to the
migration or movement of animals?
d. Deterioration to existing fish or wild-
life habitat?
6. Noise Will the proposal result in:
a. Increases in existing noise ~evels?
b. Exposure of people to severe noise levels?
7. Light and Glare Will the proposal produce
new light or glare?
8. Land Use Will the proposal result in a
substantial alteration of the present or
planned land use of an area?
9. Natural Resources Will the proposal result
in:
a. Increases in the rate of use of any natural
resources?
b. Substantial depletion of any nonrenewable
natural resource?
lO. Risk of Upset Does the proposal involve a
~isk of an explosion or the release of hazardous
substances (inculding, but not limited to, oil,
pesticides, chemicals or radiation) in the event
of an accident or upset conditions?
YES
MAYBE
NO
I-4
Population Will the proposal alter the lo-
cation, distribution, density or growth rate of
the human population of an area?
12. Housing Will the proposal affect existing
housing, or create a demand for additional
housing?
13. ~ransportation/Circulation Will the proposal
result in:
a. Generation of substantial additional
vehicular movement?
b. Effects on existing parking facilities,
or denland for new parking?
c. Substantial impact upon existing trans-
portation systems?
d. Alterations to present patterns of circu-
lation or movement of people and/or goods?
e. Alterations to waterborne, rail or air
traffic?
f. Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
14. Public Services Will the proposal have an
effect upon, or result in a need for new or
altered governmental services in any of the
following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities, includ-
ing roads?
f. Other governmental services?
15. ~ner~ Will the proposal result in:
a. Use of substantial amounts of fuel or
energy?
b. Substantial increase in demand upon
existing sources of energy, or require the
development of new sources of energy?
YES
MAYBE
NO
I-5
16.
17.
18.
lg.
20.
21.
Utilities Will the proposal result in a need
for new systems, or substantial alterations to the
following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
Human Health Will the proposal result in:
a. Creation of any health hazard or
potential health hazard (excluding menial
health)?
b. Exposure of people to potential health
hazards?
Aesthetics Will the proposal result in the
obstruction of any scenic vista or view open to
the public, or will the proposal result in the
creation of an aesthetically offensive site
open to public view?
Recreation Will the proposal result in an
impact upon the quality or quantity of exist-
ing recreational opportunities?
Archeological/Historical Will the proposal
result in an alteration of a significant arch-
eological or historical site, structure, object
or building?
Mandatory Findings of Significance
(a) Does the project have the potential to
degrade the quality of the environment, sub-
stantially 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 re-
strict the range of a rare or endangered plant
or animal or eliminate important examples of
the major periods of California history or pre-
history?
YES
MAYBE
NO
III.
IV.
YES MAYBE NO
21. Mandatory Findings of Significance (continued)
(b) Does the project have the potential to
achieve short-term, to the disadvantage of long-
term, environmental goals? (A short-term impact
on the environment is one of which occurs in a
relatively brief, definitive period of time while
long-term impacts will endure well into the future)
(c) Does the project have impacts which are in-
dividually limited, but cumulatively considerable?
(A project may impact on two or more separate re-
sources where the impact on each resource is
relatively small, but where the effect of the
total of those impacts on the environment is
significant.)
(d) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
DISCUSSION OF ENVIRONMENTAL EVALUATION
DETERMINATION
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find the proposed project COULD NOT have a significant effect on the
--I environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant
n--] effect on the environment, there will not be a significant effect in
this case because revisions in the project plans or proposals made by
or agreed to by the applicant before the proposed negative declara-
tion is released for public review would avoid the effects or
mitigate the effects to a point where clearly no significant effects
would occur, and there is no substantial evidence before the city
that the project as revised may have a significant effect on the
environment and that a NEGATIVE DECLARATION WILL BE PREPARED,
I find the proposed project MAY have a significant effect on the
--1 environment, and an ENVIRONMENTAL IMPACT REPORT is required.
Date
(Signature)
For
APPENDIX J
NOTICE OF PREPARATION
TO:
(Responsible Agency)
(Address)
FROM:
(Lead Agency)
(Address)
SUBJECT: Notice of Preparation of a Draft.Environmental Impact
Report 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 agency's statutory responsibilities in connection
with the proposed project. Your agency will need to use the
EIR prepared by our agency when considering your permit or other
approval for the project.
The project description, location, and the probable 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 30 days
after receipt of this notice.
Please send your response to at the address
shown above. We will need the name for a contact person in your
agency.
Project Title:
Project Applicant,
Date
if any:
Signature
Title
Telephone
Reference:
15082(a) and (b).
HISTORY:
1.
California Administrative Code, Title 14, Section
New Appendix J filed 2-2-78; effective thirtieth day
thereafter (Register 78, No. 5).
A NOTICE OF COMPLETION AND ENVIRONMENTAL DOCUMENT
TP~ANSMITTAL FORM MAY BE SUBSTITUTED FOR APPENDIX J.
NOTICE OF ~I'ION ~ fI'{VI~AL IXXlJMENT 'i,,~hNSTII~AL FC!lM
(i,rior-F-'so{ i~o.:
)
~sourcas Agency
Boating/t~at erways
Conservation
Fish and Game
__ Forestry
Colorado River Board
Dept. Water Resources
Parks and Rec
Office of Historic Preservation
Native American Heritage Co~
S.F. Bay Cons. & Dev't. Corm
Energy ConIn
State Lands Cob,.
Air Resources Board
Solid Waste Mg.k Board
SWRCB: Sacto
__ ~QCB: Region #.__
Water Rights
__ Water Quality
Date Received at SC~
Date Review Starts
Date to Agencies
Date to SCH
Clearance Date
Notes:
~ SC~ ~SE GgI,¥
Catalog Number
Applicant
Consultant
Contact
~zldress
__ Caltrans District __
Dept. of Transportation Plng
Aeronautics
CA ~ighway Patrol
Housing & Coa*~nity Dev't
Statewide Health P]_ng
__ Heal~l
__ Food & Agriculture
__ Public Utilities
Public Works
Corrections
__ General Services
OLA
Santa Monica Mtns
TRPA-CAL~IRPA
OPR - OLGA
Bureau of Land Management
Forest Service
Other:
__ Other:
Phone
PROPOSED
NEGATIVE DECLARATION
NO. 2525
Our File No.
Greenfield Park
Name and address of Sponsor(s) of Project:
city of Bakersfield, Planning Department
1501 Truxtun Avenue
Bakersfield, CA 93301
2. Location of Project:
Monitor Street.
South of Nicki Court, west of
Description of Project as Proposed: State Park Bond Act
Grant funding for development of ~3.95 +/- acre Greenfield
Jr. HZgh for park and recreation under a joint agreement
between the City of Bakersfield & Greenfield School Dist.
The undersigned, having considered the matters provided in
City Council Resolution No. 107-86, City of Bakersfield does
hereby find and determine that the above described project
will not have a significant effect on the environment.
The Initial Study (refer to Appendices "H" and "I")
which comprises part of the Negative Declaration, may
be inspected at the Office of the Planning Director at
City Hall, 1501 Truxtun Avenue; Bakersfield,
California. Any member of the public is invited to
provide comments on the proposed action, in writing,
on or before the 15 day of August, 1988, at the above
office. City Council consideration of the Negative
Declaration is scheduled for August 17, 1988, 1987.
Dated:
July 14, 1988
Posted: July 14, 1988
CITY OF' BAKERSFIELD PARK-
GREENFIELD SCHOOL DISTRICT
JOINT DEVELOPMENT
GREENFIELD
SCHOOL DISTRICT OWNED
~ SITE
(14-* acres) I
EXISTING SUMP
(3.95 -+ ocres)
CITY OWNED
PARK SITE
(g.95 -* acres)
I
SCALE IN FEET
Initial Study
1986 State Park Bond Act Bond Act Application CEQA Analysis
The City of Bakersfield has submitted and received funding from
the State Park Bond Act administered by the California Department
of Parks and Recreation. This initial study and proposed
Negative Declaration represents the required environmental analy-
sis according to the California Environmental Quality Act (CEQA)
and City Resolution 107-86.
PROJECT DESCRIPTION:
On. December 10, 1986 the City of Bakersfield City Council
approved a Negative Declaration (SCH #86102014) for the develop-
ment of 3.9 +/- acres as Greenfield Park located in south
Bakersfield, west of Monitor Street and south of Nicki Court with
State Park Bond funds.
The City of Bakersfield and Greenfield School District may enter
a joint agreement concerning the development and use of 9.91 +/-
acres of land owned by the school district. The 9.9 +/- acres is
located adjacent to the west of the 3.95 +/- acres Greenfield Park
and 3.87 +/- acres sump. The joint agreement would allow the 9.91
acres be developed with landscaping, utilities, irrigation, open
turf areas, playgrounds, tables, benches and other incidental
facilities in conjunction with the adjacent 3.95 +/- acres park
(total acreage would be 13.86 +/- acres). Funds from the State
Park Bond Act may be used to develop the 9.9 +/- acres school pro-
perty in conjunction with the 3.95 +/- acres city park. The City
has received $150,000 grant from the State Bond Park Ac= to deve-
lop the park site.
Development of the Greenfield Park would satisfy a portion of the
park needs for the neighborhood south of Pacheco Road to Panama
Lane, between Union and So. "H" Street.
ENVIRONMENTAL SETTING:
The project site is currently vacant and relatively flat. The
site is zoned R-1 (One Family Dwelling), exists in a low density
residential neighborhood and is surrounded by the following land
uses and zoning:
NORTH - R-1 (One Family Dwelling), sump and single family
residential uses, Greenfield Jr. High School.
EAST - R-1 (One Family Dwelling), vacant, planned for low
density residential uses.
SOUTH - R-1 (One Family Dwelling), vacant and single family
residential uses.
WEST - R-1 (One Family Dwelling), single family residential.
Initial Study
1986 State Park Bond Act
Page 2
CONSISTENCY WITH PLANS:
The proposed park site is depicted on the Bakersfield
Metropolitan Area Land Use Element of the General Plan and in the
Park Plan of the Open Space Element of the General Plan. The
proposal is consistent with the goals and policies of
Bakersfield's General Plan.
p/issb
APPENDIX I
I BACKGROUND
ENVIRONMENTAL CHECKLIST FORM
(To be completed by Lead Agency)
1. Name of Proponent: CITY OF BAKiqRSFTRT.D
2. Address and Phone Number of Proponent:
~ 1501 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
~805) 326-3733
3,'~ Da e of Checklist $ubmitta]: JULy 14, 1988
4, . Agency Requiring Checklist: CITY OF BAKERSFIELD
5., Name of. Proposal, if applicable: D~
~ =.~".".~ u~u~;me'3_ELD JR, HIGH SCHOOL PLAYGROUND UNDE= ~ ....... ' '"'"
~' .. WITH STATE PARK BOND FUNDS,
ENVIRONMENTAL IMPACTS
~[)~.~.~..:~(Explanat~ons of all "yesy' and "maybe" answers are required on
,~:?~,,,~,'~.~'~,~ ,.l: J~%~%'~';m. '-~:' -~ ' "~" YES MAYBE'~ NO
~. Earth Will the proposal result in:;
'" Unstable earth conditions or in
ges in geologic substructures?
b~ Disruptions, displacements, compac-
tion, or overcovering of the soil?
Change in topography or ground surface
relief features?
The destruction, covering, or modification
of any unique geologic or physical
features?.
Any increase in wind or water erosion
of soils, either on or off the site?
Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or
the bed of the ocean or any bay, inlet
or lake?
Earth (continued)
g. Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, grouno failure,
or similar hazards
Alr~.~ Will the proposal result ~n'
a.~:,~substantial air emissions or deterioration of
ambient air quality?
b.~F-, The creation of objectionable odors?
c Alteration of Bir movement, moisture or
temperature, or any change in climate, either
locally or regional
]~ Water;.: Will the proposal result in: · ~
Changes in currents~' or the course or
~direction of water movements, in either marine
or fresh water? ~ ~ · ,
b~~t' Changes in adsorption rates, drainage
patterns, or the rate and amoun~ of surface
waten runoff?.
c. Alterations to the course or flow of
' - - flood waters?
~,~, d.': Change in the amount of surface water in
i~ ~anY water boOy?
e, Discharge into surface wa~ers, or in any
alteration of surface water quality, including
· .':. ~-, but not limited to :emperature, dissolved
oxygen or turbidity?
f. Alteration of the direction or rate of
flow of ground waters?
g. Change in the quantity of ground waters,
either through direct additions or withdrawals,
or through interception of an aquifer by cuts
or excavations?
h. Substantial reduction in the amount of
water otherwise available for public water
supplies?
YES MAYBE
I-2
I-3
3. Water (continued)
YES
MAYBE
NO
i. Exposure of people or prooerty to water
related hazards such as flooding or tidal waves?
j. Will the proposal result in water service
..... from any public or private entity?
,.]:?~t,,4.:i Plant Llfe ,Will the proposal result in:
a. Change in the diversity of species or numoer
of any species of plants (including trees,
shrubs, grass, crops, microflora and aquatic
plants)?
b. Reduction of the numbers of any unique,
rare or endangered species of plants?
~c.'~ Introduction of new species of plants
,into an area, or in a barrier so the normal
of existing species?
on in acreage of any agricultural
)?t~y~ =
Animal Life Will the proposal result in:
a. 'Change in the diversity of species or
numbers of any species of animals (birds, land
animals including reptiles, fish and shellfish,
benthic organisms, insects or microfauna)?
bJ Reduction of the numbers of any unique,
rare or endangered species of animals?
c. Introduction of new species of animals
into an area, or result in a barrier to the
migration or movement of animals?
d. Deterioration to existing fish or wild-
life habitat?
6. Noise Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure or people to severe noise levels?
I-4
7. Light and Glare Will the proposal produce
new light or glare?
8. Land Use Will the proposal result in a
~ sub~ial alteration of the present or
' planned land use of an area?
9., Natural Resources Will the proposal result in:
~.~ a. Increases in the rate of use of any natural · " resources? ·
.'. .' b. Substantial depletion of any nonrenewable
~" 9 natural resource? ~ .
10.' Risk of Upset Does the proposal involve a risk
,~ of an explosion or the release of hazardous
~ substances (including, but not limited to, oil
~.,.:-~'~ pesticides, chemicals or radiation) in the event
~,~.~ of, an accident or u set conditions?
11. Populatlony W~ll the proposal alter the location,
~e:~:.~ distribution, density or growth rate of the
,~y:~..!~. 'J? human population of an area?
12. ) Housin9 Will the proposal affect existing
? housing, or create a demand for additional
13. Transportation/Circulation Will the proposal
...... result in:
a. Generation of substantial additional
vehicular movement?
b. Effects on existing parking facilities,
or demand for new parking?
c. Substantial impact uoo~ existing trans-
portation systems?
d. Alterations to present patterns of circu-
lation or movemen~ of people and/or goods?
YES MAYBE NO
e. Alterations to waterborne, rail or air
~raffic?
f. Increase in traffic hazards to motor
vehicles, bicyclists or pedestrains?
14.
Public Services Will the proposal have an
effect upon, or result in a need for new or
altered governmental services in any of the
following areas:
<-'iJ~"~-- a. Fire protection?
,~'~:,~ b..,~ Police protection?
c. Schools?
Parks or other recreational facilities?
'e. Maintenance of public facilities, including
roads? ',,
f. Other governmental services?
Energy'~ Will' the proposal result in:
of substantial'amounts of fuel or
energy?,
,ubstantial'increase in demand upon
existing sources of energy, or require the
development of new sources of energy?
Utilities Will the proposal result in a need
for new systems, or substantial alterations to
the following utilities:
,aT,.,,~ Power o~ natural gas?
b'~ Communications systems?
c. Water?
~ d. Sewer or septic tanks?
e~ Storm water drainage?
f. Solid waste anU disposal?
17. Human Health Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health
hazards?
YES
~IAYBE
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I-6
YES
18. Aesthetics Will the proposal result in the
obstruction of any scenic vista or view open to
the public, or will the proposal result in the
creation of an aesthetically offensive site
open to public view?
19.. Recreation Will the proposal result in an
impact upon the quality or quantity of exist-
i.lng recreational opportunities?.
20. Archeological/Historical Will the proposal
.... .~ ~, result in an alteration of a significant arch-
'-· eological or historical site, structure, object
' or building?
21. Mandatory Findings of Significance
-~':, ( ) Does the project have the potential to
?~!~'~FI~ degrade the quality of the environment, sub-
'i~,'~F~,<i stantially reduce the habitat of a fish or ·
.-ii~i~wlldllfe specles~ cause a fish or wildlife .~, ~
']~?~:!i~:~ population to drop below self sustaining ,- '
~i~i~i!~s~;levels,~ threaten to eliminate a plant or ~ '
'~-~;~'~ animal commun~t reduce the numb r
!'L~:C'L ~·strict the range of a rare or endangered plant
:.~.?~"F.C or'animal or eliminate important exam les of
. the major periods of California history or pre-
, ': history? ' .
(b) Does the project have the potential :o
':":ij?i ~ achieve short-term, to the disadvantage of
,~ ~ long-term, environmental goals? (A snort-term
impact on the environment is one of which occurs
~ ~n a relatively brief, definitive period of
]"time while long-term impacts will endure well
.into the future).
(c) Does the project have impacts which are in-
' -- dividually limited, but cumulatively considerable?
, ~ (A project may impact on two or more separate re-
. sources where the impact on each resource is
'~ relatively small, but where the effect of the
total of those impacts on the environment is
significant.)
(d) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
MAYBE NO
.¥
I-7
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
IV.
DETERMINATION
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find the proposed project COULD NOT have a significant effect on the
environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in
this case because rews~ons in the project plans or proposals maoe by
or agreed to by the applicant before the proposed negative declaration
is released for public review (or conditions of project approval) would
avoid the effects or mitigate the effects to a point where clearly no
s~gnificant effects would occur, and there is no substantial evidence
before the city that the project as revised (or conditioned) may have a
significant effect on the environment and that a NEGATIVE DECLARATION
BE PREPARED. .F.~
I find the proposed project MAY have a significant effect on the environ-
and an ENVIRONMENTAL IMPACT REPORT ~s required.
APPENDIX I
Environmental Checklist Form
Environmental Impacts (Explanation of all "yes" and "maybe" answers)
1. Earth - Will the proposal in:
b. Disruptions, displacements, compaction, or overcovering of the soil?
Yes - Funding would allow development of vacant site and include
grading, trenching, and compaction to accommodate park faci-
lities. Impact not significant.
3. Water - Will the proposal result in:
b. Changes in absorption rates, drainage patterns, or the rate and
amount of surface water runoff?
Maybe -
The project site is currently vacant and has no formal
drainage pattern. Park development would require drainage
plans be developed. These plans would likely alter exist-
ing drainage patterns. Impact not significant.
d. Change in the amount of surface water in any water body?
Maybe -
If the project is drained to the adjacent sump, surface
water quantities may increase slightly. Impact not consid-
ered significant.
j. Will the proposal result in water service from any public or pri-
vate entity?
Yes - Water would be provided by California Water Service Company.
4. Plant Life - Will the proposal result in:
a. Change in the diversity of species or number of any species of
plants?
Yes - The project site is currently vacant. Park landscaping would
have a positive impact resulting from an increase in plant
diversity.
c. Introduction of new species of plants into an area, or in a barrier
to the normal replenishment of existing species?
Yes - Park landscaping would require the introduction of new plants
on site. Proposed development would result in a barrier to
the normal replenishment of annual grasses and weeds existing
on-site.
Appendix I
Greenfield Park
Page 2
6. Noise - Will the proposal result in:
a. Increases in existing noise levels?
Maybe - Park use would likely result in an increase in noise emi-
hating from the site. Impact not considered significant.
7. Light and Glare - Will the proposal produce new light or glare?
14.
19.
Maybe - Lighting would be provided for safety and convenience.
Lighting would be designed to not impact surrounding land
uses. Impact not considered significant.
Land Use - Will the proposal result in a substantial alteration of the
present or planned land use of an area?
Yes - Development of the vacant land as a park would be a substan-
tial alteration of the present land use. This is considered
a positive impact.
Public Services - Will the proposal have an effect upon, or result in
a need for new or altered governmental services in
any of the following areas?
d. Parks or other recreational facilities?
e. Maintenance of public facilities?
Yes - Park maintenance would be provided by the City of Bakersfield
and paid for through a maintenance district formed for the area
of benefit.
Recreation - Will the proposal result in an impact upon the quality or
quantity of existing recreational opportunities?
Yes - The proposed park would provided convenient neighborhood park
facilities in an area where none currently exist.
p ai gp