Loading...
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 That Resolution No. 132-83 is hereby rescinded and superseded by this resolution. 2.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. .......... o0o .......... -1- 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 -2- 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. -1- 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. -2- 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 -3- 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. -4- 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 -5- 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 -6- 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. -7- 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).) -8- 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. -9- 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 -10- 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. -11- 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 -12- 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. -13- 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. -14- 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 -15- 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. -16- 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. -17- 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 -18- 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 I-5 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