HomeMy WebLinkAboutRES NO 68-98RESOLUTION NO. 6 8- 9 8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING THE LOCAL IMPLEMENTATION
PROCEDURES OF THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA).
WHEREAS, the Public Resources Code of the State of California, Section
21082, requires that public agencies adopt objectives, criteria and procedures for the
evaluation of projects and the preparation of environmental documents in compliance
with the California Environmental Quality Act (CEQA); and
WHEREAS, the City initially adopted local CEQA Implementation Procedures on
April 16,1973 (Resolution 23-73) and subsequent amendments have occurred to reflect
changes in state law and local procedures; and
WHEREAS, the laws and regulations relating to CEQA have been followed by
the City and these amendments are found to be Categorically Exempt in accordance
with Sections 15307 and 15308 of the State CEQA Guidelines; and
WHEREAS, amendments to the City's CEQA Implementation Procedures are
necessary to reflect state law and changes to local ordinances as they relate to the
evaluation of projects consistent with the procedures of CEQA and the State CEQA
Guidelines.
NOW, THEREFORE, BE IT RESOLVED ElY THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD that the CEQA Implementation Procedures as attached hereto as
Exhibit A are hereby adopted and supercede all previous amendments to the City's
local CEQA Implementation Procedures.
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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
MAY 0 $ ~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmember Demond, Carson, Smith, McDermott, Rowles, Sullivan, Salvaggio
Councilmember
Councilmember ~,~
Councilmember
CITY CLERK and EX OFFICIO CLERK
of the Council of the City of Bakersfield
APPROVED:
~A¥ 0 6 ~
BO OR
CITY OF BAKERSFIELD
APPROVED as to form:
JUDY SKOUSEN, CITY ATTORNEY
By:
O~IGINAL
EXHIBIT A
~RIGiNAL
CITY OF BAKERSFIELD
CEQA
IMPLEMENTATION
PROCEDURES
I
ORIGINAl
City of Bakersfield CEQA Implementation Procedures
II.
INTRODUCTION
A. PURPOSE OF CITYPROCEDURES
The City of Bakersfield's procedures for environmental review set forth the
process for complying with the California Environmental Quality Act (CEQA).
Their purpose is to protect both local and regional environmental resources in
a manner that reflects local values. They convey criteria for determining if CEQA
applies to particular projects, and methods for conducting environmental review
of projects that are not exempt. The intent is to translate a myriad of state laws
and judicial interpretations into a concise guide for use by City officials,
residents, project proponents, and City staff.
Bakersfield's CEQA Implementation Procedures summarize state law. Please
refer to the state CEQA Guidelines contained in the California Code of
Regulations for more detail. To assist the user with these procedures, citations
to these regulations are sometimes shown in parentheses. If there is any conflict
between the City's procedures and state law, state law will prevail.
B. BASIC PURPOSES OF CEQA (§ 15002)
The basic purposes of CEQA are to: (1) inform governmental decision makers
and the public about the environmental effects of proposed activities; (2) identify
ways that damage to the environment can be avoided or significantly reduced;
(3) prevent environmental damage by requiring changes in projects through the
use of alternatives or mitigation measures; and (4) disclose to the public the
reasons why a project is approved if significant environmental impacts are
involved.
OVERVIEW AND SUMMARY OF PROCEDURES
A. CEQAAPPLICABILITY
A proposal must first be evaluated to determine if it is a "project" and is,
therefore, subject to further CEQA review. A project is defined as any
discretionary action that may cause a physical change to the environment (see
page 4). However, if the proposed activity is a project under CEQA, it may still
be exempt from environmental review.
B. EXEMPTIONS
Generally, there are two types of exemptions, statutory and categorical.
Statutory exemptions apply to projects that the state legislature has determined
will not have a significant effect on the environment. Statutory exemptions are
ministerial projects and emergency projects. Other statutory exemptions are
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City of Bakersfield CEQA Implementation Procedures
III.
listed in Appendix B. Categorical exemptions apply to certain classes of projects
that the Secretary of Resources has determined will not cause significant effects
to the environment. These exemptions include fences, signs, landscaping, and
other projects that the city has determined, in compliance with state law, are
exempt (see Appendix B). After approving an exempt project, the City may file
a Notice of Exemption with the County Clerk.
C. INITIAL STUDIES, NEGATIVE DECLARATIONS, AND EIRS
If the proposed activity is a project under CEQA, and is not exempt from review,
the Planning Director or his/her designee will prepare an initial study. The initial
study determines whether a negative declaration or an environmental impact
report (EIR) is needed. Information for the initial study is derived from the
environmental information submitted by the applicant and other reference
material available to the Planning Director. If the initial study identifies significant
impacts, staff will draft mitigation measures and include them as part of the
project. Mitigation measures reduce the impacts the project will cause to the
environment. These measures are a result of consideration, by staff after
receiving recommendations from the applicant, from members of the public, and
from private and public entities. If no significant impact is identified, or if
mitigation measures have been drafted and included in the project for all impacts,
the initial study shall conclude that there is no significant environmental impact
and a negative declaration is in order.
If a significant impact is identified that has not been, or cannot be adequately
mitigated, the initial study shall conclude that the project has significant
environmental effects and an EIR will be required.
AUTHORITY PROVIDED BY CEQA (§ 15040)
The City applies CEQA during the development review process to mitigate or avoid
significant effects on the environment. CEQA gives the City the following authority:
A. MITIGATION (§ 15041):
The City may require changes in any activities involved in the project to lessen
or avoid significant effects on the environment.
B. DISAPPROVAL OF PROJECTS (§ 15042):
The City may disapprove a project if necessary to avoid significant effects on the
environment that would occur if the project were approved.
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City of Bakersfield CEQA Implementation Procedures
IV.
C. APPROVAL OF PROJECTS DESPITE SIGNIFICANT EFFECTS (§ 15043):
The City may approve a project, even though it may cause a significant adverse
effect on the environment, if the City makes a fully informed and publicly
disclosed decision that there is no feasible way to lessen or avoid the effect. In
doing so, the city will identify expected benefits from the project that outweigh the
adverse impacts or the costs of mitigating the impacts of the project. This is
called a statement of overriding considerations.
D. COMMENTS (§ 15044):
The City may submit comments to a lead agency concerning environmental
effects which may be caused by a project.
E. FEES (§ 15045):
The City, as a lead agency, may charge and collect reasonable fees in order to
recover the estimated costs of preparing environmental documents.
APPLICABILITY OF CEQA (§ 15002)
A. GOVERNMENT ACTION:
CEQA applies to "discretionary" government action. This may involve activities
directly undertaken by the City, activities financed in whole or part by the City,
or private activities that require approval by the City.
B. TIME OF COMPLIANCE:
The City will comply with CEQA procedures as set forth in these procedures
whenever the City proposes to carry out or approve an activity. CEQA review,
preparation, and certification of appropriate documentation occurs prior to
granting an approval of private projects or authorization of public projects. EIRs
and negative declarations should be prepared as early as possible in the
planning process to enable environmental considerations to influence project
program and design, yet late enough to provide meaningful information for
environmental assessment.
C. DISCRETIONARY AND MINISTERIAL ACTIONS:
CEQA applies in situations where the City uses its judgment in deciding how, and
if, a project is approved. Such projects are called "discretionary". A discretionary
decision requires the exercise of judgment in deciding whether to approve or
disapprove a particular activity. Discretionary projects may include rezonings,
conditional use permits, general plan amendments, site plan, etc.
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City of Bakersfield CEQA Implementation Procedures
"Ministerial" describes a governmental decision involving little or no personal
judgment by City officials as to the wisdom or manner of carrying out a project.
These projects are not subject to CEQA review. For example, the issuance of
building permits, business licenses, and final subdivision maps are ministerial
items, (see Appendix B).
D. PROJECT (§ 15378):
A project is defined as the whole of an action, that might result in a physical
change to the environment, directly or ultimately, and is:
An activity directly undertaken by the City including, but not limited to,
public works projects, clearing or grading of land, improvements to existing
public buildings, enactment or amendment of zoning ordinances, and
adoption or amendment of the general plan;
An activity undertaken by a person which is supported in whole or in part
through City contracts, grants, subsidies, loans, or other forms of
assistance; or
An activity involving the discretionary issuance to a person of a lease,
permit, license, certificate, or other entitlement granted by one or more
public agencies.
E. RESPONSIBILITY FOR COMPLIANCE:
The Planning Director is the CEQA coordinator for the City and shall ensure that
these procedures are followed for all projects, both public and private approved
by the City. These procedures apply to all agencies of the City.
APPROVING AUTHORITY, LEAD AGENCIES, RESPONSIBLE AGENCIES,
TRUSTEE AGENCIES:
The "approving authority" as used herein is that person or public body that takes
the action to certify an EIR, adopt a negative declaration or take any other action
as shown in Appendix A.
A "lead agency" is the public agency that has the principal responsibility for
carrying out or approving a project. The lead agency drafts the initial study and
decides whether an EIR or negative declaration will be required (§15051 ).
A "responsible agency" is any public agency, other than the lead agency, that
has discretionary approval power over the project. For example, street
improvements for a given project may require Caltrans review and approval, in
which case Caltrans would be a responsible agency.
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City of Bakersfield CEQA Implementation Procedures
A "trustee agency" is a state agency that controls natural resources held in trust
for the people of California, and which may be affected by a proposed activity.
For example, the California Department of Fish and Game is a trustee agency
with regard to fish and wildlife resources.
DETAILED ENVIRONMENTAL REVIEW PROCEDURES
A. INITIAL PROJECT REVIEW
Activities that are initiated by the City, funded in whole or part by the City, or
require authorization or entitlement from the City may be subject to CEQA
review. City staff, with primary responsibility for processing, reviewing, or
authorizing activities affecting the environment should be sufficiently familiar with
these procedures to notify the Planning Director to begin the CEQA review along
with the project review and processing. Most activities that are not exempt from
CEQA will be reviewed or processed by the Public Works Department or the
Development Services Department. Questions regarding whether and how
CEQA applies to the operations of any department should be directed to the
Planning Director and/or the City Attorney.
B. REVIEW FOR EXEMPTION
All proposals or activities must be reviewed to determine if one of the following
exemptions is appropriate:
1. Not a Project under CEQA: If a proposed activity is not a project, as
defined on page 4, it is exempt from CEQA review.
Statutory Exemptions: Certain activities have been exempted from CEQA
by the legislature. These exemptions include feasibility or planning studies,
ministerial projects, and emergency actions. A list of statutory exemptions
is provided in § 15200, et seq. and in Appendix B.
Categorical Exemptions: Certain classes or "categories" of projects have
been determined by the state's Secretary of Resources to have an
insignificant effect on the environment, and are known as categorical
exemptions. Currently, the state's CEQA Guidelines recognize 29 classes
of categorically exempt projects. A list of exemptions found by the City of
Bakersfield to be consistent with those listed in the state guidelines is
included in Appendix B.
General Rule (§ 15061): CEQA applies only to projects which have the
potential for causing a significant effect on the environment. Where 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 is not subject
to CEQA. o~
City of Bakersfield CEQA Implementation Procedures
C. NOTICE OF EXEMPTION (§ 15062)
If a determination is made that the activity is exempt from CEQA, and the City
approves or determines to carry out the project, a Notice of Exemption may be
filed with the County Clerk. This notice may be filed either by the Planning
Director or his/her designee, or the project sponsor. The notice shall include a
project description, the location, a finding that the project is exempt including its
exemption type, and a brief statement of reasons to support the finding. Filing
a Notice of Exemption initiates a 35-day statute of limitations on legal challenges
to the City's determination that the project is exempt. If the notice is not filed, a
180-day statute of limitations will apply.
INITIAL STUDY AND DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE
(§ 15063)
Purposes of an Initial Study: An initial study is a preliminary analysis
prepared by the Lead Agency to determine whether to prepare an EIR or a
negative declaration.
Project Information Required: A primary source of project information for
the initial study is the environmental information submitted by the applicant
and received as part of the project application. The Planning Director may
take up to 30 days to review the submittal and determine if it is complete.
Once this decision is made the applicant may be notified by mail. If the
application is deemed incomplete, the project sponsor will be notified as to
what additional materials are necessary to complete the application.
Failure to provide information will delay the project, and may unnecessarily
result in findings of significant environmental effects. Projects shall not be
deemed received for filing until an application requesting approval for the
project is accepted as complete by the Planning Director except as provided
under § 15111 of the state CEQA Guidelines.
Preparation and Content of Initial Studies: The initial study is normally
prepared by the Planning Director or his/her designee. It includes the
project description, environmental setting, environmental checklist,
discussion of any impacts, and if necessary, mitigation measures and the
mitigation monitoring program. Discussion statements should explain both
yes and no responses to each question or category of questions on the
checklist (e.g. earth, air, etc.). Complex projects may require the
preparation of special studies.
All phases of project planning, implementation, and operation must be
considered in the initial study. Staff should consult with other City
departments, outside public entities that may be a responsible or trustee
agency for the project, and any individuals or organizations otherwise
concerned. . ~J<~,,
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City of Bakersfield CEQA Implementation Procedures
Determining Environmental Significance: A significant effect on the
environment is any substantial adverse change in the physical conditions
that exist around the proposed project. Current conditions means the
contemporaneous physical conditions rather than hypothetical conditions
reflecting buildout under existing land use entitlements or maximum
operations under an existing permit. If there has been made a fair
argument, based on scientific and factual evidence, that a project will have
a significant effect, and the effect cannot be mitigated below a level of
significance or avoided, an EIR must be prepared.
In determining significant effects, the Planning Director shall consider
examples deemed to be a significant effect on the environment as identified
in the Appendix of the state CEQA Guidelines, the mandatory findings of
significance within Section 15065, the considerations within Section 15064,
and the definition of "significant effect on the environment" within Section
15382.
Time Limits: For private projects, the Planning Director or his/her
designee will prepare or cause to be prepared an initial study within 30
days of deeming the application complete, or 45 days if both the applicant
and the Planning Director agree to a 15-day extension (for public projects,
these time limits do not apply). The initial study will determine if the
Planning Director recommends adopting a negative declaration or if the
project requires an EIR
E. PREPARATION OF NEGATIVE DECLARATIONS
When to Prepare a Negative Declaration (§ 15070): A negative
declaration shall be prepared for non-exempt projects when the initial study
shows that there is no substantial evidence of the project having a
significant effect on the environment; or when the proposed project could
have a significant effect on the environment, but will not in this case,
because mitigation measures have been added to the project.
Formulation of Mitigation Measures (§ 15370): If there is a potential for
significant impacts, effort should be made to identify and incorporate
mitigation measures into the project design prior to completion of the initial
study. If identified impacts can be mitigated to a nonsignificant level, the
time and expense associated with preparation of an EIR can be avoided.
Every known potential impact must be reduced in this fashion, or an EIR is
required. Creativity, reasonableness, and practicality should be used in
developing mitigation measures for identified impacts.
Contents of Negative Declarations (§ 15071): A negative declaration
consists of a brief description of the project, including its commonly used
name, the applicant's name, a location map, the initial study, the completed~.K~.-.,
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City of Bakersfield CEQA Implementation Procedures
environmental checklist, the environmental setting discussion and draft
mitigation monitoring plan, if mitigation is identified. It also includes a
summary of the conclusions reached to support findings that the project will
not have a significant impact on the environment.
Time Limits: The negative declaration must be completed and adopted
within 180 days from the date that an application for a private project is
deemed complete, Any unreasonable delays resulting from failure of the
applicant to provide information requested by the Planning Director and
necessary to complete the negative declaration shall suspend these time
limits.
5. Public Notice and Review:
The notice for public review and notice of intent to approve a negative
declaration or mitigated negative declaration, and the notice of public
hearing on the negative declaration or mitigated negative declaration
may be combined, but shall not be less than the review period
specified in Public Resources Code § 21091, and shall be given in the
following manner:
(1)
Mailed or delivered to the owner of the subject real property or
the owner's duly authorized agent, and to the project applicant.
(2)
Mailed or delivered to each local agency (if not the City)
expected to provide water, sewerage, streets, roads, schools or
other essential facilities or services to the project, whose ability
to provide those facilities and services may be significantly
affected.
(3)
Mailed or delivered to all owners of real property as shown on the
latest equalized assessment roll within three hundred feet of real
property that is the subject of the hearing. If the number of owners
to whom notice would be mailed or delivered pursuant to this
paragraph or subsection a. (1) is greeter than one thousand, in-
lieu of mailed or delivered notice, notice may be provided by
placing a display advertisement of at least one-eighth page in at
least one newspaper of general circulation within the City. Notice
of hearing upon each application for a conditional use permit to
allow drilling for and production of petroleum pursuant to
Bakersfield Municipal Code Chapter 15.66 shall be mailed to such
owners of all property within one thousand feet of the property line
containing the well site.
(4)
Notice shall be published in at least one newspaper of general
circulation within the City. o~ r¢~K,~;,~,~,
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City of Bakersfield CEQA Implementation Procedures
(5)
This notice may also be consolidated with the notice of other
land use actions (ie. zone change, conditional use permit, site
plan) if such actions are being considered.
(6)
Public notice shall be provided to responsible and other
agencies who have commented regarding a particular negative
declaration, or those agencies and/or individuals who have
specifically requested a copy of such notice in writing.
Comments received during the consultation and review period for the
negative declaration which raise significant environmental issues shall
be responded to by the Planning Director with all comments received
and any responses prepared being forwarded to the approving
authority prior to adoption of the negative declaration. The Planning
Director and/or approving authority may decide based on any new
information provided that additional mitigation or preparation of an EIR
is necessary at any time during this process; however, if any new
information significantly modifies the project, mitigation or other
conclusions regarding the negative declaration, additional public
review pursuant to subsection a. above, shall be given.
Consideration and Approval of Negative Declarations: Prior to project
approval, the approving authority shall consider the proposed negative
declaration with any comments received during the review process and any
comments from an advisory body. The approving authority shall approve
the negative declaration if it finds on the basis of the initial study, and
comments received, that there is no substantial evidence of potential
significant effects on the environment. Negative declarations shall be
reviewed and approved by the approving authority shown in Appendix A.
Notice of Determination (§ 15075): After the negative declaration has
been approved, the Planning Director or his/her designee shall file a Notice
of Determination with the County Clerk. This notice shall be filed and
posted within five (5) working days following project approval. If the project
requires a discretionary approval from any state agency, the notice shall
also be filed with the Governor's Office of Planning and Research. Filing
and posting the Notice of Determination starts a 30-day statute of limitations
on court challenges to CEQA approvals. Failing to file the Notice of
Determination within the required time period extends the statute of
limitations to 180 days.
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City of Bakersfield CEQA Implementation Procedures
F. PREPARATION OF ENVIRONMENTAL IMPACT REPORTS (EIRs)
Decision to Prepare an EIR: If the initial study determines that a project
may have a significant effect on the environment which cannot be
eliminated by changing the project or adding mitigation measures, the City
must initiate the preparation of an EIR. The Planning Director will
determine whether an EIR is required within 30 days of deeming the
application complete. A 15 day extension may be approved upon consent
of the applicant and the Planning Director.
Notification of Project Proponent and Payment of Fees: The Planning
Director or his/her designee shall notify the applicant by letter that an EIR
is required. The applicant must then authorize the Planning Director to
continue processing the application and remit the required fee as
determined in accordance with the fee schedule adopted by the City
Council.
Notice of Preparation (§ 15082): After determining that an EIR is required
and receiving payment of fees from the applicant, the Planning Director or
his/her designee shall prepare and distribute a Notice of Preparation of an
EIR as required by § 15082.
Scope of an EIR (§ 15082 & 15083): The breadth of analysis in the EIR
shall be determined by the initial study and responses to the Notice of
Preparation. In addition, the City may hold scoping meetings with
responsible and trustee agencies, and any person or organization it
believes will be concerned with the environmental effects of the project.
The EIR should focus on potentially significant impacts, and need not
discuss items determined to be insignificant by the initial study, or items not
raised in response to the Notice of Preparation and from scoping meetings.
Types of EIRs (§ 15160): In order to allow environmental review to occur
as efficiently as possible, CEQA allows for the preparation of different types
of EIRs. The most common type of EIR is a project EIR which examines the
environmental impacts of a specific development proposal. This type of EIR
focuses on changes to the environment that would result from the project,
examining all phases of the project including planning, construction and
operation.
A subsequent EIR (§ 15162) may be appropriate if an EIR has already been
prepared but there have been:
a. Changes in the project;
b. Changes in the circumstances affecting the project (such as
environmental deterioration); or
0RIGINAL
City of Bakersfield CEQA Irnp/ernentation Procedures
c. New information of substantial importance that was not previously
analyzed.
If the changes are minor with respect to either project characteristics or the
environmental circumstances, a supplement to an EIR (§ 15163) or
addendum to an EIR (§ 15164) may be appropriate.
Other types of EIRs include program EIRs for multiple or phased projects
(§ 15168), general plan EIRs (§ 15166), staged EIRs (§ 15167), master
environmental assessments (§ 15169), and joint environmental impact
report/environmental impact statements (§ 15170).
Contents of EIRs (§ 15120): The required contents of EIRs, as set forth
in Article 9 of the state CEQA Guidelines, are hereby incorporated by
reference. The approving authority may require that economic and/or social
information be included in an EIR pursuant to Section 15131.
Private Consultants: The Planning Director may retain the services of a
private consultant to prepare all or a portion of an EIR or negative
declaration, or to perform specialized mitigation monitoring. Selection of
any consultant to perform such work shall be the responsibility of the
Planning Director. The consultant is responsible only to the Development
Services Department for performance of and approval of work assigned.
Contact between the consultant and applicant shall be limited. Direct
contacts by the applicant with the consultant or the consultant with the
applicant without prior knowledge and approval of the Planning Director are
prohibited.
Execution of Contract: After the Planning Director has selected a
consultant and agreed upon a scope of work, the applicant shall be notified
of the cost to prepare the EIR. The cost shall include preparation of the
draft EIR, attendance at public hearings, preparation of the response to
comments or final EIR, reproduction costs for a specified number of
documents, consultant costs (travel, administration, overhead, etc.), and an
administrative fee, as set by City Council.
Before beginning work on the report, the applicant must deposit with the
City an amount of money that will cover all costs specified above. The City
will then execute a contract with the consultant. Prior to executing a
contract, all consultants retained by the City shall file a statement of
economic interest with the City Clerk; demonstrate possession of liability
insurance and statutory workers' compensation coverage acceptable to the
City Risk Manager; and secure a business license.
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City of Bakersfield CEQA /mplernentetion Procedures
10.
11.
Applicant Agreement: The Planning Director shall also require the
applicant to execute an agreement. The agreement with the applicant shall
contain the cost to be paid and project schedule. The applicant shall have
30 days from receipt of the agreement to sign it and pay the department the
full cost of the consultant's work. The department shall place the funds into
an account for payment to the consultant at intervals outlined in the contract
between the City and consultant. The applicant shall also be responsible
for any costs associated with the preparation of supplemental, subsequent
or other documents required for certification or adoption of environmental
documents.
Preparation of Administrative Draft EIR (§ 15084): The precirculation
draft of the EIR is referred to as the administrative draft. This draft is
considered a working document to be circulated only among City staff and
any responsible agency, if appropriate, and is not available for public
review. The purpose of staff review of administrative draft EIRs is to
evaluate them for adequacy and accuracy prior to public circulation.
Generally, staff review of the administrative draft EIR is concluded within a
few weeks, after which comments are provided to the consultant, who
prepares the draft EIR
Notice of Completion of a Draft EIR (§ 15085): When the draft EIR is
completed and ready for public circulation, a Notice of Completion must be
filed with the Governor's Office of Planning and Research (OPR);
12. Public Review of Draft EIRs (§ 15087):
The notice of public review of the draft EIR and the notice of public
hearing on the draft EIR may be combined and shall be not less than
the review period specified in Section 15087, and shall be given in the
following manner:
Mailed or delivered to the owner of the subject real property or
the owner's duly authorized agent, and to the project applicant.
(2)
Mailed or delivered to each local agency (if not the City)
expected to provide water, sewerage, streets, roads, schools or
other essential facilities or services to the project, whose ability
to provide those facilities and services may be significantly
affected.
(3)
Mailed or delivered to all owners of real property as shown on
the latest equalized assessment roll within three hundred feet
of real property that is the subject of the hearing. If the number
of owners to whom notice would be mailed or delivered
pursuant to this paragraph or subsection a. (1) is greater thap.
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City of Bakersfield CEQA Implementation Procedures
one thousand, in-lieu of mailed or delivered notice, notice may
be provided by placing a display advertisement of at least one-
eighth page in at least one newspaper of general circulation
within the city at least ten days prior to the hearing. Notice of
hearing upon each application for a conditional use permit to
allow drilling for and production of petroleum pursuant to
Bakersfield Municipal Code Chapter 15.66 shall be mailed to
such owners of all property within one thousand feet of the
property line containing the well site.
(4)
Notice shall be published in at least one newspaper of general
circulation within the City.
This notice may also be consolidated with the notice of other land use
actions (i.e., zone change, conditional use permit, site plan) if such
actions are being considered.
Public notice shall be provided to responsible and other agencies who
have commented regarding a particular draft EIR, or those agencies
and/or individuals who have specifically requested a copy of such
notice.
13. Public Hearing on Draft EIR:
14.
a. The public hearing shall be before the approving authority shown in
Appendix A.
b. There shall be at minimum one public hearing to receive comments on
a draft EIR during the public review period.
The public hearing shall be focused on the objectivity and adequacy
of the draft EIR in discussing potential impacts upon the environment,
ways in which adverse effects might be mitigated, and alternatives to
the project consistent with the intent of CEQA.
A minimum of two copies of the draft EIR shall be made available for
public review at both the City of Bakersfield Development Services
Department and the Kern County Public Library.
Evaluation of Responses to Comments (§ 15088): After the review
period for the draft EIR closes, staff assembles all written comments and
transcripts or notes of comments made at the public hearing(s). These
comments are reviewed to determine:
Which comments address environmental impacts and mitigation.
These comments will be responded to;
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City of Bakersfield CEQA Implementation Procedures
15.
16.
17.
Which comments address the merits of the project (as distinguished
from environmental impacts of the project) and do not require a
response, but should be noted for the record;
Which comments are beyond the scope of environmental review (such
as legal interpretations); and
d. Which comments on impacts are too speculative for evaluation.
Responses shall be provided for all comments unless a response is not
appropriate, in which case an explanation will be provided as to why a
response is not warranted.
When either significant new information has been added to the draft EIR,
or significant modification to the draft EIR has occurred that changes
assumptions or conclusions based on comments received during the public
review period, the draft EIR shall be recirculated pursuant to CEQA
Guideline Section 15088.5 and public hearing pursuant to paragraphs 12
and 13 above.
Preparation of the Final EIR (§ 15089): The final EIR consists of the draft
EIR, comments received, a list of persons and organizations who made
comments, and the response to comments document.
Alternatively, the draft EIR may be revised to incorporate responses to
comments into the text of the report. If this format is utilized, the final EIR
would consist of the revised draft EIR, comments received, a list of persons
and organizations who commented, and an indication of where each
comment raised is addressed in the revised text.
Certification of the Final EIR and Time Limits: The approving authority
shown in Appendix A shall certify that the final EIR is in compliance with
CEQA, was reviewed and considered prior to project approval, and reflects
the independent judgment of the City officials making the decision. The City
shall certify the final EIR for private projects within one year of accepting the
application as complete. Upon consent of the applicant and the Planning
Director, the one-year limit may be extended. Delays by the applicant in
providing necessary information or fees shall suspend these time periods.
Findings (§ 15091): The City shall not approve or carry out a project for
which an EIR identifies one or more significant environmental effects unless
the City makes one or more written findings for each of the significant
effects, accompanied by a brief explanation of the rationale for each finding.
Findings must be supported by substantial evidence in the record of project
review. The possible findings are:
14 May ~ ~8 m
ORIGINAt.
City of Bakersfield CEQA Implementation Procedures
VI.
VII.
Changes have been required, or incorporated into, the project that
avoid or substantially lessen the significant environmental effects as
identified in the final EIR. Necessary changes are generally identified
after preparing the initial study.
Changes that would avoid or substantially lessen the significant
environmental effects are within the jurisdiction of another public
agency or have already been adopted by another agency.
c. Specific economic, legal, social, technological, or other considerations
render such measures or alternatives infeasible.
18.
Statement of Overriding Considerations: The approving authority may
balance the benefits of a proposed project against its unavoidable
environmental risks in determining whether to approve the project. If the
benefits are found to outweigh the unavoidable adverse environmental
effects, the decision-making body shall make a statement of overriding
considerations as described in Section 15093, that balances the merit of
approving the project despite the environmental damage.
19.
Notice of Determination: Within five (5) days of project approval, a Notice
of Determination shall be filed and posted with the County Clerk and if
discretionary approval is required by a state agency the NOD shall also be
filed with the Office of Planning and Research The filing and posting of the
Notice of Determination starts a 30-day statute of limitations on court
challenges to approval under CEQA Failure to file this notice within the
specified time period, extends the statute of limitations to 180 days.
APPEALS
Within ten days after approval of a negative declaration or certification of an EIR,
any individual may appeal that decision to the body shown in Appendix A as the
approving authority to hear the appeal. The appeal must be in writing to the City
Clerk accompanied with the appropriate filing fee as required by the City.
MITIGATION MONITORING
A. Mitigation measures required as part of an approved negative declaration or
certified EIR shall be identified within a mitigation monitoring plan and mitigation
monitoring checklist. The plan shall specifically describe each mitigation
measure and how it will be implemented. The checklist shall be the basis for the
monitoring and reporting program to ensure implementation of each mitigation
measure.
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City of Bakersfield CEQA Implementation Procedures
Development of Mitigation Monitoring Plan: For those projects in which
mitigation is required, mitigation monitoring shall be identified describing:
a. Each specific mitigation measure.
b. How mitigation will be implemented.
c. Timing of actions necessary for implementation.
d. Entity or entities that will undertake required action(s).
Agency or department responsible for monitoring and reporting that
mitigation has been properly implemented as well as taking corrective
actions when a measure has not been properly implemented.
Review of Mitigation Monitoring Plan: Draft plans shall be prepared and
reviewed with the proposed environmental document. It is the intent of the
City that the public review of a proposed negative declaration or draft EIR
also include the draft mitigation monitoring plan.
Approval of Mitigation Monitoring Plan: Mitigation monitoring plans shall
be approved along with the adoption of the negative declaration or
certification of the final EIR. Mitigation measures shall either be
incorporated into the conditions of project approval or referenced in said
conditions so that they may be easily implemented and monitored.
Mitigation Monitoring Checklist: Mitigation measures shall be
summarized in a checklist which will provide the basis for monitoring and
reporting implementation of mitigation. In most cases, the implementation
will end through approval of a final map or final completion and/or
occupancy being granted for the project.
(Note: Each mitigation monitoring plan may vary depending on the type of
project and the degree to which implementation shall be satisfied. The mitigation
monitoring checklist will serve to standardize reporting as well as summarize how
overall implementation is progressing.)
The costs and charges for mitigation monitoring not already included in the
normal fees paid shall be estimated for project approval with conditions set forth
for payment. If it is necessary to utilize the services of a consultant, contracting
and fees shall be paid pursuant to the fee schedule adopted by the City Council.
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ORIGiNAl
City of Bakersfield CEQA Implementation Procedures
APPENDIX A
APPROVING
AUTHORITY
Planning Director
Development
Services Director
Board of Zoning
Adjustment
Planning
Commission
City Council
RESPONSIBILITY 1 AUTHORITY
Authority to agree to Lead Agency status
Coordinate and administer all CEQA procedures for the City
Administer/manage preparation of environmental documents (i.e., Exemptions,
NDs, EIRs)
Approve draft NDs or administrative draft EIRs
Comment on the adequacy of a draft ND or EIR prepared by a public agency
(other than the City) to that agency requesting comment
Recommend to the City Council approval of contracts for consultants regarding
the preparation of environmental documents; mitigation monitoring
Conduct public hearing on ND and draft EIR regarding:
· Site Plan Reviews
Approve ND or certify EIR for:
· Site Plan Reviews
Conduct public hearing on ND and draft EIR regarding:
· Modifications
· Conditional Use Permits
Approve ND or certify EIR for:
· Modifications
· Conditional Use Permits
Conduct public hearing on ND and draft EIR regarding:
· Parcel Map Waivers (if not exempt)
· Tentative Tract and Parcel Maps
Conduct public hearing and determine appeals to an approval of a ND or
certification of an EIR for:
· Site Plan Reviews
Recommend approval of ND or certification of an EIR to the City Council for:
· Zone Changes (includes ordinance text amendments if not exempt)
· General Plan Amendments
Approve ND or certify EIR for:
· Parcel Map Waivers (if not exempt)
· Tentative Tract and Parcel Maps
Conduct public hearing and determine appeals to an approval of a ND or
certification of an EIR for:
· Parcel Map Waivers (if not exempt)
· Tentative Tract and Parcel Maps
· Modifications
· Conditional Use Permits
· Site Plan Reviews
Authorize and approve contracts regarding the preparation of environmental
documents
Approve ND or certify EIR for:
General Plan Amendments
Zone Changes (includes ordinance text amendments if not exempt)
Grants, specialized plans, and miscellaneous projects
· :,. ~i~;~
i:S,NAL
City of Bakersfield CEQA Implementation Procedures
APPENDIX B
CEQA EXEMPTIONS
In addition to the exceptions specified in CEQA and the CEQA Guidelines, the following
are also found to be exempt:
MINISTERIAL PROJECTS (§ 15268)
Issuance of building permits (includes electrical, plumbing, mechanical, sign
and demolition, except demolition of a designated historical building of local
significance, or one included in the National Register of Historic Places).
2. Issuance of business licenses.
3. Approval of final maps (subdivision and parcel maps).
4. Approval of individual utility service connections and disconnections.
Issuance of trailer park operating permits.
6. Issuance of occupancy permits for residential, commercial and industrial uses.
7. Home occupation permits.
8. Issuance of dog licenses.
9. Family day care homes providing family day care for up to 12 children.
10. Residential care facilities as defined in Section 1502 of the Health and Safety
Code of the State of California, housing six or fewer persons.
11. Temporary animal permits.
Other actions or activities which are wholly ministerial pursuant to Sections
15268 and 15369.
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ORIGINAL
City of Bakers§eld CEQA Implementation Procedures
CATEGORICAL EXEMPTIONS
{Note: The following actions or activities are found to be consistent with the intent
and letter of the list of specific actions or activities which are categorically exempt
within Sections 15301 through 15329 (See Section 15300.4).}
1, Claee I -- Exiefing Facilitiee:
(A) Construction permits under Chapter 12.16 of the Bakersfield Municipal Code.
(B) Street use permits under Chapter 12.12 of the Bakersfield Municipal Code.
(C) Utility pole permits under Chapter 12.12 of the Bakersfield Municipal Code.
(D) Installation of traffic signals, street lighting and traffic control signs.
(E) House-moving permits under Chapter 12.12 of the Bakersfield Municipal
Code.
2. Claee 3 -- New Conetruction or Conversion of Small Structures:
Second dwelling units as provided for in Title 17 of the Bakersfield Municipal
Code and Section 65852 of the California Government Code.
3. Class 5 -- Minor Alterations in Land Use Limitations:
(A) Encroachment permits under chapter 12.20 of the Bakersfield Municipal
Code.
(B) Release of covenants relating to common areas or parking areas.
4. Class 11-- Accessory Structures:
Signs permitted under any permit procedure provided for in Chapter 17.60 of the
Bakersfield Municipal Code.
5. Class 21 -- Enforcement Actions By Regulatory Agencies:
(A) Weed abatement under Chapter 8.28 of the Bakersfield Municipal Code.
(B) Abatement of trash, debris and other property maintenance orders pursuant
to Bakersfield Municipal Code Titles 8, 15, 16 and 17.
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ORIGINAL
City of Bakersfield CEQA Implementation Procedures
APPENDIX C
SITE PLAN REVIEW CEQA COMPLIANCE MATRIX
Change of Use X Change from a permitted use of one class or
type to a permitted use of a different class or
type for occupancy of an existing building.
May not subject to SPR process.
Additions to existing buildings or centers X Notice of Exemption Small additions as described in CEQA
(small additions) Guidelines Section 15301 Class 1.
Additions to existing buildings or centers X ND, MND, or EtR Additions not otherwise exempt and
(large additions) inconsistent with previous approvals.
New Commercial or Industrial Buildings X Notice of Exemption CEQA Guidelines Section 15303 Class 3.
(single tenant -- small structures)
New Commercial or Industrial Buildings X ND, MND, or EIR
(single tenant -- large structures)
Shopping Centers X ND, MND, or EIR
Office Centers X ND, MND, or EIR
Industrial Centers X ND, MND, or EIR
Apartments (six units or less) X Notice of Exemption CEQA Guidelines Section 15303 Class 3.
Apartments (more than six units) X ND, MND, or EIR CEQA Guidelines Section 15303 Class 3.
GENERAL NOTE: Some projects may be covered a by previously adopted environmental document.
ND = Negative Declaration
MND = Mitigated Negative Declaration
2O
EIR = Environmental Impact Report
City of Bakersfield CEQA Implementation Procedures
APPENDIX D
RECORD OF REVISIONS
COUNCIL RES.. NO.
23-73
13-74
4O-74
10-75
24-77
39-78
60-80
132-83
107-86
212-92
38-97
76-97
68-98
APPROVAL DATE
4-2-73
2-11-74
6-3-74
2-24-75
3-28-77
5-3-78
9-24-80
11-30-83
4-16-86
11-4-92
3-12-97
5-7-97
5-6-98
NOTES/COMMENTS
Initial adoption
Filing Notice of Exemptions
Rewrite of procedures/Mitigation monitoring
Move Site Plan Review Class "B" projects
from Cat. Exempt. Class 5 to Class 3
Move Site Plan Review Class "B" projects
from Cat. Exempt. Class 3 to Ministerial
Adoption of new procedures - update to
process and exemptions allowed by CEQA,
remove SPR exemption, add Development
Services Dir. to authority for SPR process
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