HomeMy WebLinkAboutRES NO 10-75 RESOLUTION NO. 10-75
AMENDATORY RESOLUTION OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADOPTING PRINCIPLES,
OBJECTIVES, CRITERIA, DEFINITIONS AND PRO-
.CEDURES FOR THE ORDERLY EVALUATION PROJECTS
AND THE PREPARATION OF ENVIRONMENTAL DOCU-
MENTS UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) AND THE STATE EIR GUIDE-
LINES AS AMENDED EFFECTIVE JANUARY 7, 1975.
WHEREAS, the State EIR Guidelines have been amended
effective January 7, 1975, and this Council desires to bring local
procedures into conformity with such amended guidelines by this
Resolution, which will supersede Resolutions 13-74 and 40-74.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield, that the following Principles, Objectives,
Criteria, Definitions and Procedure For the Orderly Evaluation
of Projects and the Preparation of Environmental Documents under
CEQA and the State EIR Guidelines as amended effective January 7,
1975, are hereby adopted.
I.
A®
terms and phrases are defined as hereinafter set out, ,unless it is
apparent from the context that a different meaning is intended.
DEFINITIONS
For the purpose of these regulations, the following words,
1. Applicant means a person who proposes to carry out
a project which needs a lease, permit, license, certificate, or
other entitlement to use or financial assistance, when that person
applies for approval or assistance.
2. Approval means the decision by the City which commits
it to a definite course_o_f_action in regard to a public project.
The exact date of approval of any project shall be determined by
the Public Works Director, subject to the approval of the City
Council, for public projects.
In connection with private activities, approval occurs
upon the earliest commitment to issue or the issuance by the City
of a discretionary contrac~ gran% subsidy, loan or other form of
financial assistance, lease, permit, license, certificate, or
other entitlement for use of the project·
3. CEQA - California Environmental Quality Act means
California Public Resources Code Sections 21000, et seq.
4. Categorical Exemption means an exception from the
requirements of CEQA for a class of projects based on a finding
by the Secretary for Resources that the class of projects does
not have a significant effect on the environment and the specific
activity listed within and under such class, based upon a finding
by the City Council that such activity does not have a significant
effect on the environment.
5. Discretionary Project means an activity defined as
a project which requires the exercise of judgment, deliberation,
or decision on the part of the City or any of its departments, in
the process of approving or determining to carry out a particular
activity.
6. Emergency means a sudden, unexpected occurrence de-
manding immediate action to prevent or mitigate loss or damage to
life, health, property, or essential public services.
7. Environment means the physical conditions which exist
within the area which will be affected by a proposed project in-
cluding land, air, water, minerals, flora, fauna, ambient noise,
objects of historic or aesthetic significance·
8. Environmental Documents mean Draft and Final EIR's,
Initial Studies, Negative Declarations, Notices of Completion and
Notices of Determination.
.............. 9. EIR - Environmental Impact Report means a detailed
statement setting forth the environmental effects and considera-
tions pertaining to a project as specified in Section 21100 of
the California Environmental Quality Act, and may mean either a
draft or a final EIR.
f
(a) Draft EIR means an EIR containing the infor-
mation specified in Sections 15141, 15142, and 15143 of these
Guidelines. Where a Lead Agency consults with Responsible Agencies
in the preparation of a draft EIR, the draft EIR shall also con-
tain the information specified in Section 15144 of the State EIR
Guide line s.
(b) Final EIR means an EIR containing the infor-
mation contained in the draft EIR, comments either verbatim or
in summary received in the review process, a list of persons
commenting, and the response of the Lead Agency to the comments
received. The final EIR is discussed in detail in Section 15146
of the State EIR Guidelines and in Paragraph XI of this Resolu-
tion.
10. EIS -Environmental Impact Statement means an
environmental impact document prepared pursuant to the National
Environmental Policy Act (NEPA). The Federal Government uses
the term EIS in place of the term EIR which is used in CEQA.
11. Feasible means capable of being accomplished in a
successful manner by reasonably available, economic and workable
means.
12. Initial Study means a preliminary analysis pre-
pared by the Lead Agency pursuant to Paragraph VI (E) of this
resolution to determine whether an EIR or a Negative Declaration
must be prepared.
13. Jurisdiction by law.
.... (a) Jurisdiction by law means the ,authority of
any public agency (1) to grant a permit for or provide funding
for the project in question, or (2) to exercise authority over
resources which may be affected by the project.
(b) A city or county will have jurisdiction by
law with respect to a project when the city or county is the
site of the project, the area in which the major environmental
effects will occur, and/or the area in which reside those
citizens most directly concerned by any such environmental
effects.
(c) Where an agency having jurisdiction by law
must exercise discretionary authority over a project in order
for the project to proceed, it is also a Responsible Agency,
see Section 15039 of State EIR Guidelines, or the Lead Agency,
see Section 15030 of State EIR Guidelines. :
14. Lead A~ency means the public agency which has the
principal responsibility for preparing environmental documents
and for carrying out or approving a project which may have a
significant effect on the environment.
15. Ministerial Projects as a general rule, include
those activities defined as projects which are undertaken or
approved by a governmental decision which a public officer or
public agency makes upon a given state of facts in a prescribed
manner in obedience to the mandate of legal authority. With
these projects the officer or agency must act upon the given
facts without regard to his own judgment or opinion concerning
the propriety or wisdom of the act, although the statute, ordi-
nance, municipal code section, or regulation may require, in
some degree, a construction of its language by the officer.
............ ~6. Negative Declaration means a Writ't~n statement by
the Lead Agency briefly presenting the reasons that the project,
although not otherwise exempt, would not have a significant effect
on the environment and therefore, does not require an EIR, in
accordance with Paragraph IX of this resolution·
17. Notice of Completion means a brief notice filed
with the Secretary for Resources by the Lead Agency as soon as it
has completed a draft EIR and is prepared to send out copies for
review. The contents of this notice are explained in Paragraph X
(3) of this resolution.
18. Notice of Determination means a brief notice to be
filed by the City after it approves or determines to carry out a
project which is subject to the requirements of CEQA. The con-
tents of this notice are explained in Paragraphs IX (I) and XII
(C) of this resolution. A copy of this notice appears in Exhibit
C.
19. Notice of Exemption means a brief notice which may
be filed when the City has approved or determined to carry out a
project, and it has determined that it is ministerial, categori-
cally exempt or an emergency project. Such a notice may also be
filed by an applicant where such a determination has been made by
the City, which must approve the project. The contents of this
notice are explained in Paragraph VI (B) , (C) and (D) .
20. Person includes any person, firm, association,
organization, partnership, business, trust, corporation, company,
district, county, city and county, city, town, the State, and any
of the agencies' political subdivisions of such entities.
21. Project.
A. Project means the whole of an action, which has a poten-
tial for physical impact on the environment, directly or ulti-
mately_,. _that is any of the following: _
1. An activity directly undertaken by any public agency
including but not limited to public works construction and related
activities, clearing or grading of land, improvements to existing
public structures, enactment and amendment of zoning ordinances,
and the adoption and amendment of local General Plans or elements
thereof pursuant to Government Code Sections 65100 - 65700.
2. An activity undertaken by a person which is supported
in whole or in part through public agency contracts, grants, sub-
sidies, loans, or other forms of assistance from one or more public
agencies.
3. An activity involving the issuance to a person of a
lease, permit, license, certificate, or other entitlement for use
by one or more public agencies.
B. Project does not include:
1. Anything specifically exempted by state law.
2. Proposals for legislation to be enacted by the State
Legislature other than requests by state agencies for authoriza-
tion or funding for projects independently from the Budget Act.
3. Continuing administrative or maintenance activities,
such as purchases for supplies, personnel-related actions, emer-
gency repairs to public service facilities, general policy and
procedure making (except as they are applied to specific instances
covered above), feasibility or planning studies.
4. The submittal of proposals to a vote of the people
of the State or of a particular community.
C. The term "project" refers to the underlying activity and
not to the governmental approval process.
22. Public Agency includes any state agency, board or
commission and any local or regional agency as defined in the
State EIR Guidelines. It does not include the courts of the
State. This term does not include agencies of the Federal Govern-
ment.
23. Responsible Agency means a public agency which
proposes to undertake or approve a project, but is not the Lead
Agency for the project. It includes all public agencies other
than the Lead Agency which have approval power over 'the:project.
24. Significant Effect means a substantial adverse
impact on the environment.
6.
· The following words are used to indicate whether a parti-
cular subject is mandatory, adv,isory or permissive:
1. "Must" or "shall" identifies a mandatory element
which the City is required to follow.
2. "Should" identifies guidance provided by the Secre-
tary for Resources based on policy considerations contained in
CEQA in the legislative history of the statute, or in federal court
decisions which California courts can be expected to follow. The
City should follow this guidance in the absence of compelling,
countervailing cons iderations.
"Ma"
3. y identifies a permissive element which is left
fully to the discretion of the City.
II.
~GENERAL PROVISIONS AND RESPONSIBILITIES
A. Informational Document. An EIR is an informational docu-
ment which when fully prepared in accordance with CEQA, State
Guidelines and this resolution, will inform the decision-maker and
the general public of the environmental effects of projects they
propose to carry out or approve. The EIR process is intended to
enable the City to evaluate a project to determine whether it may
have a significant effect on the environment, to examine and insti-
tute methods of reducing adverse impacts, and to consider alterna-
tives to the project as proposed. These things must be done prior
to approval or disapproval of the project. An EIR may not be used
as an instrument to rationalize approval of a project, nor do indi-
cations of adverse impact, as enunciated in an EIR, require that a
project be disapproved· While CEQA req_ui_r_eS__t~ha._t~ ~_ajo~r considera-
tion be given to preventing environmental damage, it is recognized
that the City has obligations to balance other public objectives,
including economic and social factors in determining whether and
how a project should be approved. Economic information may be
included in an EIR or may be presented orally or as a separate
document.
B. Purpose. The purpose of these regulations is to provide
the principles, objectives, criteria, definitions and procedures,
to be used, consistently with the State EIR Guidelines, in the
implementation by the City of CEQA, including the orderly evalua-
tion of public and private projects and the preparation of environ-
mental documents.
C. Responsibility for the Environmental Documents.
(1) When the City plans to carry out a public project
which may have a significant effect on the environment, the Public
Works Director shall prepare environmental documents through his
own efforts or by contract unless the project is otherwise exempted
by these Regulations·
(2) Where a project which may have a significant effect
on the environment is to be carried out by a nongovernmental person
subject to approval, financial support, some other involvement by
the City, including zoning and general plan elements, the Community
Development Director will prepare environmental document by that
department's own efforts or by contract. However, he may require
the person to supply data and information, both to determine whether
the project may have a significant effect on the environment and to
assist in the preparation of a draft EIR by such department. This
information may be submitted in the form of a draft EIR, if the
Director desires· If information is provided in the form of a
draft EIR, the Lead Agency may not use the draft EIR as its own
without the independent evaluation and analysis of the Community
Development Director· The draft EIR which is sent out for public
review must reflect the independent judgment of the Director. The
Director should require an applicant to specify to the best of
his knowledge which other public agencies will have jurisdiction
by law over the project. The Director shall be responsible for
the adequacy and objectivity of all environmental documents for
private projects, including zoning and general plan elements.
D. Application to Projects Where no Possibility That the
Activity Will Have Significant Effect on the Environment. The
requirements set forth in these regulations apply to projects
which may have a significant effect on the environment and which
involve discretionary governmental action. Where itscan 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 covered by the requirements set forth in CEQA, the
State EIR Guidelines or these regulations, and these regulations
concerning the evaluation of projects and the preparation and re-
view of environmental documents do not apply.
E. Redevelopment Plan. All public and private activities
or undertakings pursuant to or in furtherance of a redevelopment
plan constitute a single project, which shall be deemed approved
at the time of adoption of the redevelopment plans by the City
Council. The EIR in connection with the redevelopment plan shall
be submitted in accordance with Section 33352 of the Health and
Safety Code.
F. Federal Projects. In cases where these regulations
require the preparation of an EIR by a Lead Agency and an EIS has
been or will be prepared for the same project pursuant to the
requirements of NEPA and implementing regulations thereto, all or
any part of such statement may be submitted in lieu of all or any
part of an EIR required by these regulations, provided that the
EIS or the part thereof so used, shall comply with the require-
ments of these regulations. In cases where the Federal EIS is
used, discussion of mitigation measures and growth inducing impact
will have to be added or supplemented if the EIS does not include
an adequate discussion of these elements.
G. Lead Agency Principle, and Criteria, Designation of Lead
Agency by OPR and Consultation With Responsible Agencies. Where
a project is to be carried out or approved by more than one public
agency the regulations contained in the State Guidelines, to wit:
Sections 15064, 15065, 15065.5 and 15066 shall apply. These
sections as amended, are hereby adopted by reference as if fully
set forth herein.
H. Subsequent EIR. Where an EIR has been prepared, no addi-
tional EIR need be prepared unless:
(1) Substantial changes are proposed in the project
which will require major revisions of the EIR due to the involve-
ment of new environmental impacts not considered in a previous
EIR on the project.
(2) These are substantial changes with respect to the
circumstances under which the project is to be undertaken, such
as a change in the proposed location of the project, which will
require major revisions in the EIR due to the involvement of new
environmental impacts not covered in a previous EIR.
I. Use of a single EIR. The City may employ a single EIR
to describe more than one project, if such projects are essentially
the same in terms of environmental impact. Further, the City may
use an earlier EIR prepared in connection with an earlier project
to apply to a later project, if the circumstances of the projects
are essentially the same. The Public Works Director and the Plan-
ning Director may elect to write EIR's in advance for entire pro-
grams or regulations, in order to be prepared for project applica-
tions to come. When the City chooses to utilize any of these
alternatives, however, it must find that the environmental effects
of the projects are similar enough to warrant the same treatment
in an EIR and that the EIR will adequately cover the impacts of
any single project. If these tests are not met, the City should
supplement 'the EIR it prepares for a program to apply it to an
i-ndividual project.
J. Multiple and Phased Projects. Where individual projects
ar~ or a phased project is, to be undertaken and where the total
undertaking comprises a project with significant environmental
effect, the City must prepare a single EIR for the ultimate project.
10.
Where an individual project is a necessary precedent for action
on a larger project, or commits the City to a larger project with
significant environmental effect, an EIR must address itself to
the scope of the larger project. Where one project is one of
several similar projects, but is not deemed a part of a larger
undertaking or a larger project, the City may prepare one EIR for
all projects, or one for each project, but should in either case
comment upon the 'combined effect.
K. Ongoin~ Project.
(1) Projects defined in Paragraph I (21)(a)(1) approved
prior to November 23, 1970, projects defined in Paragraph I (21)
(a)(3) or in Paragraph I (21)(a)(2) as it relates to contracts,
where the entitlement was issued or the contract approved prior
to April 5, 1973, are governed by Section 15070 of the State EIR
Guidelines which is hereby adopted by reference.
(2) Any EIR which has been completed on or which sub-
stantial work has been performed on or before February 15, 1974,
in compliance with Resolution No. 13-74, shall be deemed in com-
pliance with these regulations. No further EIR shall be required
except as provided in subparagraph (1) above.
(3) Any EIR which has been completed or on which sub-
stantial work has been performed on or before January 7, 1975, in
compliance with procedures consistent with CEQA and the State EIR
Guidelines as adopted in December, 1973 shall be deemed to be in
with these regulations. No further EIR shall be required except
as provided in subparagraphs (1) and (2) above.
III.
EMERGENCY PROjECTS
The following emergency projects are exempt from the
requirement for an environmental impact report:
1. Projects undertaken, carried out, or approved by the
City to maintain, repair, restore, demolish or replace property or
facilities damaged or destroyed as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1, Title 2 of the Government Code.
2. Emergency repairs to public service facilities
necessary to maintain service.
3. Projects undertaken as immediate action necessary
to prevent or mitigate an emergency.
IV.
MINISTERIAL PROJECTS
Ministerial projects do not require the preparation of
environmental documents. Ministerial activities include, but are
not limited to the following:
1. Issuance of building permits.
2. Issuance of plumbing permits.
3. Issuance of electrical permits.
4. Issuance of mechanical permits.
5. Issuance of sign permits under Volume V of the Uni-
form Building Code as adopted by the City.
6. Issuance of trailer park operating permits.
7. Issuance of occupancy permits for commercial and
industrial uses.
8. Issuance of business licenses.
9. Approval of final subdivision maps.
10. Approval of final parcel maps.
11. Approval of individual utility service connections
and disconnections in the City.
12.% Issuance of demolition permits, except for buildings
constructed before 1895 or buildings of historical, archeological
or architectural consequence as officially designated by Federal,
State or local governmental action.
13. Issuance of nondiscretionary sign permits.
CATEGORICAL EXEMPTIONS
.A', The following projects are hereby found and determined
not to have a significant effect on the environment and are,
therefore, exempt from the provisions of the Environmental Quality
Act of 1970 and from the provisions of these regulations.
Class 1: Existing Facilities. The operation, repair,
maintenance or minor alteration of existing public or private
structures, facilities, mechnical equipment, or topographical
features, involving negligible or no expansion of use beyond that
previously existing, which projects are discretionary in nature,
including but not limited to:
1. Interior or exterior alterations involving such
things as interior partitions, plumbing, and electrical convey-
ante s.
2. Existing facilities of both investor, and publicly
owned utilities used to provide electric power, natural gas,
sewerage, or other public utility services.
3. Existing highways and streets, (within already
established rights-of-way) sidewalks, gutters, bicycle and pedes-
trian trails, and similar facilities.
4. Restoration or rehabilitation of deteriorated or
damaged structures, facilities or mechanical equipment to meet
current standards of public health and safety, unless it is
determined that the damage was substantial and resulted from an
environmental hazard such as earthquake, landslide or flood·
5. Additions to existing structures provided that the
addition will not result in an increase of more than 50 percent
of the floor area of the structures before the addition of 2500
square fee~ whichever is less.
6. Addition of safety or health protection devices for
use during construction of or in conjunction with existing struc-
tures, facilities or mechanical equipment, or topographical
features including navigational devices.
7. New copy on existing on- and off-premise signs.
8. Maintenance of existing landscaping, native growth
and water supply reservoirs (excluding the use of economic poisons,
as defined in Division 7, Chapter 2, California Agricultural Code).
9. Division of existing multiple family rental units
into condominiums.
10. Demolition and removal of buildings and related
structures except where they are of historical, archaeological or
architectural significance as officially designated.
Class 2: Replacement or Reconstruction. Replacement or
reconstruction of existing structures and facilities where the new
structure will be located on the same site as the structure replaced and
will ha~e substantially the same purpose and capacity as the struc-
ture replaced.
Class 3: New Construction of Small Structures. Con-
struction and location of single, new, small facilities or struc-
tures and installation of small new equipment and facilities,
including, but not limited to:
1. Single family residences not in conjunction with the
building of two or more such units.
2. Motels, apartments and duplexes designed for not
more than four dwelling units if not in conjunction with the build-
ing of two or more such structures.
3. Stores, offices, and restaurants, if designed for
an occupant load of 20 persons or less, if not in conjunction
w_ith _the_building of two or more such structures .....
4. Water main, sewage, electrical, gas and other utility
extensions of reasonable length to serve such construction.
5. Accessory (appurtenant) structures including garages,
carports, patios, swimming pools and fences.
6. Permitted signs.
Class 4: Minor Alterations to Land. Minor public or
private alterations in the condition of land, water and/or vege-
ta'tion, which do not involve removal of mature, scenic trees
except for forestry and agricultural purposes. Examples include
but are not limited to:
1. Grading on land with a slope of less than 10 percent,
except where it is to be located in a waterway, in an officially
designated scenic area, or in an officially mapped area of severe
geologic hazard.
2. New gardening or landscaping.
3. Filling of earth into previously excavated land with
material compatible with the natural features of the site.
4. Minor temporary uses of land having negligible or
no permanent effects on the environment, including carnivals,
sales of Christmas trees or firecracker sale stands.
City.
6.
7.
Code.
House-moving permits to move a building out of the
Architectural Design Review Approvals.
Weed abatement under Chapter 8.80 of the Municipal
8. Installation of utility poles under Chapter 12.24
of the Municipal Code.
9. Installation of fire alarm systems, traffic signals
and street lighting.
10. Street improvements and excavations which will not
have an impact in the long run, but which temporarily are disrup-
tive (e.g. trenching or borings during installation or repair,
utility undergroundings of water, gas, sewer, electric, storm
drain, etc.) including permits issued to private persons under
Chapter 12.16 of the Municipal Code and all minor trenching and
backfilling where the surface is restored.
11. Use street permits under Chapter 12.20 of the Muni-
cipal Code.
Class 5: Alterations in Land Use Limitations. Minor
alterations in land use limitations, except zoning, including,
but ~not limited to:
1. Lot line adjustments.
2. Minor modification of zoning development standards.
3. Issuance of encroachment permits under chapter 12.32
of the Municipal Code.
4. Parcel map divisions and subdivisions of land into
fewer than 10 lots.
5. Conditional use permits for day nurseries with six
children or less.
6. Home occupation permits.
Class 6: Information Collection. Basic data collection,
research, experimental management and resource evaluation activities,
which do not result in a serious or major disturbance to an environ-
mental resource. These may be for strictly information-gathering
purposes, or as part of a study leading to an action, which the
City has not yet a~proved, adopted or funded.
Class 7: ReRulatory Actions For Protection of Natural
Resources. Actions taken by regulatory agencies, as authorized by
state law or local ordinance, to assure the maintenance, restora-
tion, 'or enhancement of a natural resource where the regulatory
process involves procedures for protection of the environment,
including, but not limited to wildlife preservation activities.
Construction activities are not included in this exemption.
Class 8: Regulatory Actions For Protection of the
Environment. Actions taken by regulatory agencies, as authorized
by state law or local ,Ordinance, to assure the maintenance, re-
storation, enhancement, or protection of the environment where
the regulatory process involves procedures for protection of the
environment. Construction activities are not included in this
e xemp t i on.
16-.
Class 9: Inspections. Activities limited entirely to
inspection, to check for performance of an operation, or quality,
health or safety of a project, including related activities such
as inspection for possible mislabetin~ misrepresentation or adul-
teration of products.
class 10: Loans. Loans made by the Department of
Veterans Affairs under the Veterans Farm and Home Purchase Act of
1943, mortgages for the purchase of existing structures where the
loan will not be used for new construction and the purchase of
such mortgages by financial institutions.
Class 11: Accessory Structures. Construction, or place-
ment of minor structures accessory to (appurtenant to) existing
commercial, industrial, or institutional facilities, including but
not limited to:
1. On-premise signs.
2. Small parking lots.
Class 12: Surplus Government Property Sales. Sales of
surplus government property, except for parcels of land located
in an area of statewide interest or potential area of critical
concern as identified in the Governor's Environmental Goals and
Policy Report of June 1, 1973.
B. Classes 3, 4, 5, 6, and 11 are qualified by considerations
of where the project is to be located. A project that is ordinarily
insignificant in its impact on the environment, may in a particu-
larly sensitive environment be significant. Therefore, these
classes are considered to apply in all instances, except where
the project may impact an environmental resource of hazardous or
critical concern as may be hereafter designated, precisely mapped
and officially adopted pursuant to law. Moreover, all exemptions
for these classes are inapplicable when the cumulative impact of
successive projects of the same type, in the same place, over
time is significant--for example, annual additions to an existing
building under Class 1.
C. The above exemptions only apply where the project in
question is found to be discretionary.
D. Exceptions. Class 3, 4, 5, 6 and 11 are qualified by
consideration of where the project is to be located--a project
that is ordinarily insignificant in its impact on the environment
may in a particularly sensitive environment be significant. There-
fore, these classes are considered to apply in all instances,
except where the project may impact on an environmental resource
of hazardous or critical concern where designated, precisely
mapped, and officially adopted pursuant to law.
E. Cumulative Impact. All exemptions for these classes are
inapplicable when the cumulative impact of successive projects of
the same type in the same place, over time is significant--for
example, annual additions to an existing building under Class 1.
VI.
EVALUATING PROJECTS - PRELIMINARY ENVIRONMENTAL ASSESSMENT
A. Determine Whether Activity is Exempt. The responsible
City official shall first evaluate or assess the proposed activity
to ascertain whether it is categorically exempt (Paragraph V),
whether it is covered by an emergency exemption (Paragraph III),
whether it is covered by the ministerial exemption (Paragraph IV)
or whether the activity is a project covered by these regulations.
B. Notice of Exemption - Filing By City. When it is deter-
mined that a project is exempt from the requirements of CEQA
because it is an emergency project, a ministerial project or
categorically exempt, and the City approves or determines to carry
....... O~ 'the prOjectS'its appropria~te officerso-may~f~le. a ~_tic.e of
Exemption as defined in Paragraph I (A)(19). Such a notice shall
include, (1) a brief description of the project, (2) a finding
that the project is exempt, including a citation to the State
EIR Guidelines section and a section of these regulations under
which it is found to be exempt, and (3) a brief statement of rea-
sons to support the finding.
C. Applicant Filing. Whenever the City approves an appli-
cant's project, authorized officers of the City or the applicant
may file such Notice of Exemption, a form of which is Exhibit F
of these regulations. The Notice of Exemption filed by an appli-
cant, shall contain the information required in subparagraph B
above, together with a certified document issued by the City
stating that it has found the project to be exempt. This may be
a certified copy of an existing document or record of the City.
D. Filing Place. The Notice of Exemption will be filed with
the County Clerk of Kern County. Copies of all such notices are
required by the State EIR Guidelines to be available for public
inspection and a list of such notices shall be posted on a weekly
basis in the office of such County Clerk pursuant to law, and re-
main so posted for a period of 30 days.
E. Initial Study. If the project is not exempted by these
regulations from the requirements of the State EIR Guidelines, and
of CEQA, the City should conduct an initial study to determine if
the project may have a significant effect on the environment. If
any of the effects of a project may have a substantial adverse
impact on the environment, regardless of whether the overall effect
of the project is adverse or beneficial, then an environmental
impact report must be prepared where discretionary city action is
involved. If the project is to be carried out by a nongovernmental
person, the City may require such person to submit data and infor-
mation which will enable the City to make this determination.
VII.
DETERMINING SIGNIFICANT EFFECT
A. Intent of Environmental Quality Act. It is impossible
to list all projects which may have a significant effect on the
environment. In making a determination in a particular case, the
determining authority must assess the expected environmental
effects of the action in conjunction with the intent of the Environ-
mental Quality Act of 1970. In determining whether or not the
effects of a project on the environment are significant the
determining authority must evaluate the nature and degree of all
effects on the environment.
B. Cumulative Impact. The phrase "which may have a signi-
ficant effect on the environment" shall also be interpreted with
a view to the overall cumulative impact of the project proposed,
and of further related projects, which may be contemplated.
C. Effect on the Site and the Community. A major considera-
tion as to whether a project may have a significant effect on the
environment is the significance of the potential effect of the
completed project on the site and on the community, including its
compatibility with the site and its environment (aesthetics,
rationality of land use, etc. ) and the project's pollution poten-
tial. The cost and physical size of the project may be an impor-
tant, but not the sole, criteria for determining whether it may
have a significant effect on the environment.
D. Matters to Consider. In addition to cost and size, the
determining authority shall consider whether the project would:
1. Lead to a noticeable increase in the ambient noise
level for a substantial number of people.
2. Result in a substantial detrimental effect on air
and water quality.
3. Divide an established community as to its historic
or natural aspects, including places of unique interest or scenic
beauty.
~4. Has a substantial and demonstrable negative aesthe-
tic effect.
5. Destroy important recreational
6. Interfere with important breeding, nesting, or
feeding grounds for birds, or animals.
7. Disturb the ecological balance of a land or water
area.
8. Involve a reasonable possibility of the contamina-
tion of, or the removal of contaminants from, water courses,
water supply sources, or water treatment or distribution systems.
9. Be a part of a larger or long-range project and is
likely to be followed by other projects.
10. Result in the draining, tilling or alteration of an
existing creek bed or stream bed.
11. Involve the grading, cutting or filling of an area
in excess of five acres, or which would adversely effect the scenic
quality of the community or the city.
12. Involve the devel6pment of a parcel of land, which
has no building pad and which has an average slope in excess of
40%.
13. Involve changes in population having a substantial
effect on the need for public facilities, such as requiring more
or different schools, fire stations, hospitals, shopping facili-
ties, water distribution facilities, streets, or sewage treatment
capacity; or the demand for public service.
14. Have a substantially adverse effect on traffic
patterns.
16.
public health.
17.
Have a substantially adverse effect on neighborhoods.
Substantially increase urban congestion or threaten
Be in conflict with the objectives, goals and poli-
cies of the general plan.
18. Substantially affect a rare or endangered species
......... of_ _~n_i_m~al. ?r~ pla~t, ~0r habitat of such a species.
19. Cause substanti~l"i~er~r'~n~ ~h'~'~'~O~emen~"
of any resident fish or migratory fish or wildlife species.
20. Breaches any published national, state, or local
standards relating to solid waste or litter control.
21. Involve the possibility of contaminating a public
water supply system or adversely affecting the ground water·
tion.
22. Could cause substantial flooding, erosion or silta-
23. Be subject to major geologic hazards.
24. Arouse substantial community opposition or concern
as to the environment.
VIII.
MANDATORY FINDINGS OF SIGNIFICANCE
In every case where any of the following conditions are
found to exist as a result of a project, the project will be found
to have a significant effect on the environment:
1. Impacts which have the potential to degrade the
quality of the environment or curtail the range of the environment.
2. Impacts which achieve short-term, to the disadvantage
of long-term, environmental goals. A short-term impact on the
environment is one which occurs in a relatively brief, definitive
period of time, while long-term impacts will endure well into the
future.
3. Impacts for a project which are individually limited,
but cumulatively considerable. A project may impact on two or
more separate resources where the impact on each resource is rela-
tively small. If the effect of the total of those impacts on the
environment is significant, an EIR must be prepared. This manda-
tory finding of significance does not apply to two or more sepa-
rate projects where the impact of-each is insignificant.
4. The environmental effects of a project will cause
substantial adverse effects on human beings, either directly or
indirectly.
NEGATIVE DECLARATION
A. Initial Study - Consultation. A Negative Declaration
shall be prepared for a project which could potentially have a
significant effect on the environment, but which the appropriate
official of the City finds on the basis of an Initial Study will
221.
not have a significant effect on the environment. Before com-
pleting a Negative Declaration, the official shall consult with
all responsible agencies. This early consultation is designed
to insure that the Negative Declaration will reflect the concerns
of all responsible, agencies which will issue approvals for the
project. After completing the Negative Declaration, the appro-
priate City official or officials shall also consult with and
obtain comments from other public agencies having jurisdiction
by law and should consult with persons having special expertise
as described in Sections 15083 and 15085 of the State EIR Guide-
lines.
B. Finding and Statement of Reasons. A Negative Declaration
must include a brief description of the project as proposed, a
finding that the project will not have a significant effect on
the environment, a brief statement of reasons to support the
findings, and a statement indicating who prepared the initial
study and where a copy of it may be obtained. The Negative De-
claration should normally not exceed one page in length.
C. Posting. The Negative Declaration shall consti~tute' a
Notice and shall be posted on a bulletin board provided for this
purpose near the office of the Planning Department in the City
Hall, 1501 Truxtun Avenue, Bakersfield. Such Notice shall be
given a number, which shall correspond to the number of the file
of such project on file in the city department affected.
D. Notice Time. The Negative Declaration shall be posted
at least 10 days before the project is approved.
E. Challenge. The Negative Determination may be challenged
by any interested pe~s0n or organization by noti'fying-the Plan-
ning Director of such challenge in writing at any time during the
period of required posting of the Negative Determination. Such
written challenge shall contain the reasons why the project would
have a significant effect on the environment and be accompanied
by a fee of $50.
F. Jurisdiction of Planning Commission. Upon the making of
a proper challenge to the Negative Determination as required by
subparagraph (E) jurisdiction for determining whether the subject
project 'would have a significant effect on the environment is trans-
ferred to the City Planning Commission. Such determination shall
be made by the Planning Commission at the earliest practicable time.
Any interested person shall have the privilege of presenting oral
and documentary evidence or opinions on the question. The appellant
shall be given written notice of the meeting of the Planning Com-
mission, at which such determination shall be made. The Planning
Commission shall follow the guidelines set forth in these regula-
tions in the determination as to whether the project would have a
significant effect on the environment.
G. Appeal to City Council. The determination of the Planning
Commission shall become final three working days after its decision
unless the appellant shall within such period appeal to the City
Council, which at its next regular meeting shall set the same for
hearing to be held not later than its next regular meeting there-
after. Such hearing may be continued from time to time by the City
Council. The Notice of Appeal shall state in detail wherein the
decision of the Planning Commission is contrary to these regula-
tions. The decision of the City Council shall be final and con-
c lus ive.
H. Official May Prepare EIR. Notwithstanding any provision
herein to the contrary, challenges or appeals shall not be heard
if the responsible City official determines to prepare and file an
EIR on the subject project.
I. Notice of Determination. After the making of a decision
to carry out or approve the project by the decision-maker, the
responsible officer shall file a Notice of Determination with a
copy of the Negative Declaration attached with the County Clerk
of Kern County. The Notice of Determination shall include the
24..
decision of the decision-maker to approve or disapprove the pro-
ject, the determination whether the project will have a signifi-
cant effect on the environment, and a statement that no EIR has
been prepared pursuant to the provisions of the Environmental
Quality Act of 1970. If the project requires discretionary
approvals from a State agency, the Notice of Determination also
shall be filed with the Secretary for Resources.
X.
DECISION TO PREPARE EIR - EIR PROCESS
A. Decision to Prepare EIR. If the appropriate official of
the City finds, after an initial study, that the project may have
a significant effect on the environment, such official must pre-
pare or cause to be prepared an EIR.
B. EIR Process. The following steps shall be followed after
the official decides to prepare an EIR:
1. Preparation of EIR. If the project is to be carried
out by a nongovernmental person (private projects), the Community
Development Director may require such person to submit data and
information necessary to enable the Lead Agency to prepare the
EIR. This information may be transmitted in the form of a draft
EIR. The draft EIR which is sent out for public review must
reflect the independent judgment of the Lead Agency.
2. Early Consultation. The content of an EIR is de-
scribed in Paragraph XI of this resolution and in Article IX of
the State EIR Guidelines. Each element of an EIR must be covered,
and these elements should be separated into distinct sections.
Before completing a draft EIR, consisting of the information speci-
fied. in said Paragraph XI and as specified in Sections 15141,
15142 and 15143 of the State EIR Guidelines, the Lead Agency shall
consult with all Responsible Agencies pursuant to Section 15066,
that is, when more than one public agency will be involved in
undertaking or approving the project, the Lead Agency shall con-
sult with all other public agencies involved in carrying out or
approving the project, before completing a draft EIR. This
25.
early consultation is designed to insure that the EIR will reflect
the concerns of all Responsible Agencies which will issue approvals
for the project. After completing the draft EIR, the Lead Agency
shall also consult with and seek to obtain comments from other
public agencies having jurisdiction by law and should consult with
persons having special expertise and should consult directly with
any person or organization it believes will be concerned with the
environmental effects of the project.
3. Notice of Completion. As soon as the draft EIR is
completed, a Notice of Completion must be filed with the Secretary
for Resources. The notice shall include a brief description of
the project, its proposed location, an address where copies of
the EIR are available and the period during which comments will
be received. The Notice of Completion will provide the basis for
information published by the Secretary for Resources in an EIR
Monitor. Where the EIR will be reviewed through the State review
process, handled by the State Clearinghouse, the cover' form re-
quired by the State Clearinghouse will serve as the Notice of
Completion, and no Notice of Completion need be sent to the
Resources Agency.
4. Public Review. After completing a draft EIR, the
Lead Agency 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. Opportunity for
comments from the general public should be provided.
............... (a) copie_s of the_ __draft EIR shall be sent to
Kerncog for distribution to appropriate agencies.
(b) At least one copy of the draft EIR shall be
sent to both the Public Library and the Law Library.
(c) The City should compile listings of other
agencies, particularly local agencies, which have jurisdiction
26.
by law and/or special expertise with respect to various projects
and project locations. Such listings should be a guide in
determining which agencies should be consulted with regard to a
particular project on a case-by-case basis.
(d) The Notice of Completion shall be posted on
the Bulletin Board near the office of the Planning Director in
the City Hall, 1501 Truxtun Avenue, Bakersfield, California,
which will provide information where copies of the draft EIR
are available for review.
(e) Copies of the draft EIR shall be made avail-
able for acquisition by members of the general public. Any per-
son requesting a copy shall be charged the actual cost of repro~
ducing it.
5. 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 Public Works Director or Community
Development Director for the project in which he has the responsi-
bility, shall establish a time period so as to permit adequate
review of and comment on the draft EIR by such public agenc.ies,
organizations or persons. 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
except in unusual situations.
6. Public Hearings. All draft EIR's shall be considered
at a public hearing before the City of Bakersfield Planning Com-
mission. The following procedures shall apply:
(a) 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.
(b) Notice of the time and place of such public
hearing shall be given by publishing notice thereof in a news-
paper of general circulation, published in the City at least 15
days prior to the date of the hearing.
(c) 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.
(d) In any case in which the project itself regu-
larly comes before the Planning Commission, e.g. zoning, tentative
subdivision maps, general plan elements, etc., the Commission may
consider the draft EIR in conjunction with and as a part of the
normal Planning Commission activity. Notice of the hearing shall
be given in the same form and time as notice for the other regu-
larly conducted public hearings before the Commission.
(e) 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 use-
ful information about such factors.
7. Evaluation by Lead ABency. The Lead Agency shall
evaluate and respond to comments received at the public hearing
and from persons who reviewed the draft EIR.
8. Preparation of Final EIR. The Lead Agency shall pre-
pare a final EIR. The contents of a final EIR are specified in
Paragraph XI of this resolution and in Section 15146 of the State
EIR Guidelines.
9. Certification of Final EIR.
(a) After the final EIR has been prepared following
the public hearing, the Planning Commission shall recommend that
it be certified as having been completed in compliance with CEQA
and the State EIR Guidelines.
(b) The final EIR, with the Planning Commission
recommendation, shall be presented to the decision-making body of
the City, which may be the City Council, the Planning Commission,
the Board of Zoning Adjustment, an official or Board or other
agency of the City, depending upon the nature of the project.
(c) The decision-making body of the Lead Agency
shall certify that the final EIR has been completed in compliance
with CEQA and the State EIR Guidelines and this resolution, and
that the decision-making body or official having final approval
authority over the project, has reviewed and considered the infor-
mation contained in the EIR.
10. Notice of Determination. After the decision has
been made on the project, the Lead Agency shall file a Notice of
Determination with the County Clerk. Such notice shall include
(1) the decision of the agency to approve or disapprove the pro-
ject, (2) the determination of the agency whether the project
will 'or will not have a significant effect on the environment,
and (3) a statement that an EIR has been prepared pursuant to the
provisions of CEQA. Such notice shall be filed with the Kern
County Clerk. If the project requires discretionary approval from
a state agency, the notice shall also be filed with the Secretary
for Resources.
11. Statement of Overriding ConSiderations. If the
City decision-making body decides to approve a project for which
serious environmental consequences have been identified in an
EIR, the agency may wish to make a statement identifying the other
interests that warrant approval in its point of view. If such a
statement is made, it should be included in the record of the pro-
ject approval and may be attached to the Notice of Determination.
12. Use of Final EIR by Responsible ABencies. Each
responsible agency shall consider the Lead Agency's final EIR be-
fore acting upon or approving the project in accordance with Sec-
tion 15064 of the State EIR Guidelines.
XI.
THE FINAL 'ENVIRONMENTAL 'IMPACT REPORT
A. General Contents. The responsible official shall finally
prepare the EIR. The contents of a final EIR are specified in this
paragraph and in Article 9 of the State EIR Guidelines.
B. Specific Contents of EIR Required. Environmental Impact
Reports shall contain the following information:
1. Description of Project. The description of the pro-
ject shall contain the following information, but should not supply
29.
extensive detail beyond that needed for evaluation and review
of the environmental impact.
(a) The precise location and boundaries of the
proposed project shall be shown on a detailed map, preferably
topographic. The location of the project shall also appear on
an appropriate vicinity or city map.
(b) A statement of the objectives sought by the
proposed project.
(c) A general description of the project's tech-
nical, economic, and environmental characteristics, considering
the principal engineering proposals and supportin~ public service
facilities.
2. Description of Environmental Setting. An EIR must
include a description of the environment in the vicinity of (area
of impact) the project, as it exists before commencement of the
project, from both a local and regional perspective. Knowledge
of the regional setting is critical to the assessment of environ-
mental impacts. Special emphasis should be placed on environmental
resources that are rare or unique to that region. Specific refer-
ence to related projects, both public and private, both existent
and planned in the region should also be included, for purposes of
examing the possible cumulative impact of such projects.
3. Environmental Impact. All phases of a project must
be considered when evaluating its impact on the environment:
planning, acquisition, development and operation. The following
subjects shall be discussed in separate sections or paragraphs.
-- (a) _.The Environmental Impact of the Proposed Action:
Describe the direct and indirect impacts of the project on the
environment, giving due consideration to both the short-term and
long-term effects. It should include specifics of the area, the
resources involved, physical changes, alterations to ecological
systems and changes induced in population distribution, popula-
tion concentration, the human use of the land (including commer-
cial and residential development) and other aspects of the
resource base, such as water,, scenic quality and public services.
(b) Any Adverse Environmental Effects Which Cannot
be Avoided if the Proposal is Implemented: Describe any adverse
impacts, including those which can be reduced to an insignificant
level, but not eliminated. Where there are impacts that cannot
be alliviated without imposing an alternative design, their impli-
cations and the reasons why the project is being proposed, not-
withstanding their effect, should be described. Describe impacts
on any aesthetically valuable surroundings, or on human health.
(c) Mitigation Measures Proposed to Minimize the
Impact: Describe avoidable adverse impacts, including inefficient
and unnecessary consumption of energy, and the measures proposed
to minimize these impacts. This discussion shall include an
identification of the acceptable levels to which such impacts will
be reduced, and the basis upon which such levels were identified.
Where alternative measures are available to mitigate an impact,
each should be discussed and the basis for selecting one alterna-
tive should be identified. Energy conservation measures, as well
as other appropriate mitigation measures, shall be discussed.
Examples of energy conservation measures are provided in Exhibit
fIEf! ,
(d) Alternatives to the Proposed Action: Describe
reasonable alternatives to the project, or to the location of the
project, which could feasibly attain the basic objectives of the
project, and why they were rejected in favor of the ultimate
choice. The specific alternative of "no project" must also always
be evaluated along with the impact. Describe alternatives capable
of substantially reducing or eliminating any environmentally ad-
verse impacts, even if these alternatives substantially impede
the attainment of the project objectives, and are more costly.
(e) The Relationship Between Local Short-Term
Uses of Man' s Environment and the Maintenance and Enhancement of
31.
Long-Term Productivity. Describe the cumulative and long-term
effects of the proposed project which adversely affect the state
of the environment. Special attention should be given to impacts
which narrow the range of beneficial uses of the environment or
pose long-term risks to health or safety. In addition, the rea-
sons why the proposed project is believed by the sponsor to be
justified now, rather than reserving an option for further alter-
natives, should be explained.
(f) Any Irreversible Environmental Changes Which
Would be Involved in the Proposed Action Should it be Implemented.
Uses of nonrenewable resources during the initial and continued
phases of the project may be irreversible, since a large coff~fLit-
ment of such resources makes removal or nonuse thereafter unlikely.
Primary impacts and, particularly, secondary impacts (such as a
highway improvement which provides access to a nonaccessible area)
generally commit future generations to similar uses. Also irrever-
sible damage can result from environmental accidents associated
with the project. Irretrievable commitments of resources should
be evaluated to assure that such current consumption is justified.
(g) The Growth-Inducing Impact of the Proposed
Action: Discuss the ways in which the proposed project could
induce or foster economic or population growth, either directly
or indirectly, in the surrounding environment. Included in this
are projects which would remove obstacles to population growth
(a major expansion of a waste water treatment plant might, for
example, allow for more construction in the service areas). In-
cre_as~s .~i~ ~e _popUlat_ion may further tax existing community
service facilities so consideration must be given to this impact.
Also discuss characteristics of some projects which may encourage
and facilitate other activities that could significantly affect
the environment, either individually or cumulatively. It must
not be assumed that growth in any area is necessarily beneficial,
detrimental, or of little significance to the environment.
32.
4. Organizations and Persons Consulted. The identity
of all federal, state or local agencies, other organizations and
private individuals consulted in preparing the EIR, and the
identity of the persons, finn or agency preparing the EIR by con-
tract or other authorization must be contained in the EIR.
5. Water Quality Aspects. Describe in the environ-
mental setting section, and other sections where applicable, water
quality aspects of the proposed project which have been previously
certified by the appropriate state or interstate organization as
being in substantial compliance with applicable water quality
standards.
6.
of:
Contents of Final EIR. The final EIR shall consist
(a) The draft EIR or a revision of the draft.
(b) Comments and recommendations received on the
draft EIR in the consultation review or public hearing stages
either verbatim or in summary.
(c) A list of persons, organizations and public
agencies commenting on the draft EIR.
(d) The responses of the Lead Agency to signifi-
cant environmental points raised in the consultation, review and
public hearing process.
7. Degree of Specificity. The degree of specificity
required in an EIR will correspond to the degree of specificity
involved in the underlying activity which is described in the EIR.
(a) An EIR on a construction project will neces-
sarily be more detailed in th~ sp~ifiC_.~ec~tS Of_~e___p~,je_~ __
than will be an EIR on the adoption of a local general plan on
comprehensive zoning ordinance because the effects of the con-
struction can be predicted with greater accuracy.
(b) An EIR on projects such as the adoption or
amendment of a comprehensive zoning ordinance or a local general
plan should focus on the secondary effects that canbe expected
33.
to follow from the adoption, but the EIR need not be as detailed
as an EIR on the specific construction projects that might follow.
(c) The requirements for an EIR on a local general
plan or element thereof will be satisfied by the general plan or
element document, i.e., no separate EIR will be required, if:
the general plan addresses all the points required to be in an
EIR as stated in Paragraph X (and in Article 9 of the State EIR
Guidelines) and the document contains a special section or a
cover sheet identifying where the general plan document addresses
each of the points required.
8. City Not Lead Agency. There is no requirement to
conduct a public hearing in connection with the City's review of
an EIR prepared by another public agency.
XII.
CERTIFICATION OF FINAL EIR
APPROVAL OR DISAPPROVAL OF THE PROJECT
A. The Planning Commission, upon completion by the Lead
Agency of the Final EIR shall recommend to the decision-making
body that such document be certified as completed in compliance
with CEQA, the State EIR Guidelines, and this resolution, and
present the document to such body or official.
B. The Decision-Making Body or Official shall certify that
the Final EIR has been completed in compliance with CEQA, the
State EIR Guidelines and this resolution and that the decision-
making body or administrative official having final approval
authority over the project has reviewed and considered the infor-
mation contained in the EIR where the Planning commission is the
decision-making' b~dy it shall so 'certify~ -
C. Notice of .Determination. After making a decision on the
project, the Lead Agency shall file, with the County Clerk, a
Notice of Determination, in accordance with this resolution and
post a copy on the Bulletin Board near the Planning Director's
office in the City Hall.
XIII.
STATUTE OF LIMITATIONS - FORM OF ACTION
A. No Determination of Significant Effect. An action or
proceeding alleging that the City is carrying out or has approved
a project, which may have a significant effect on the environment
without having determined whether the project may have a signifi-
cant effect on the environment shall be commenced within 180 days
of the City's decision to carry out or approve the project.
B. Without Formal Decision. If a project is undertaken
without a formal decision by the City, such action or proceeding
must be commenced within 180 days after the commencement of the
proj ec t.
C. Improper Determination. Any action or proceeding alleg-
ing that the City has improperly determined whether a project may
have a significant effect on the environment shall be commenced
within 30 days after the filing of the Notice of Determination
with the County Clerk of Kern County.
D. Form of Action or Proceeding. Any action or proceeding
to attack, review, set aside, void or annul a determination or
decision of the City, made as a result of a proceeding in which,
by law, a hearing is required to be given, evidence is required
to be taken and discretion in the determination of facts is vested
in the City, on the grounds of noncompliance with the Environmental
Quality Act of 1970 shall be in accordance with the provisions of
Section 1094.5 of the Code of Civil Procedure. In any such action,
the court shall not exercise its independent judgment on the evi-
denc~ but shall only determine whether the act or decision is
supported by substantial evidence in the light Of the wh61e' record.
E. Actions Other Than Under Section 1094.5. In any action
or proceeding, other than an action or proceeding under subpara-
graph (D) above, to attack, review, set aside, void or annul a
determination or decision of the City on the grounds of noncom-
pliance with the provisions of the Environmental Quality Act of
1970, the inquiry shall extend only to whether there was a
prejudicial abuse of discretion. Abuse of discretion is estab-
lished if the City has not proceeded in a manner required by law
or if the determination or decision is not supported by substan-
tial evidence.
XIV.
EXHIBITS
A. Exhibit A is the Preliminary Environmental Determination.
B. Exhibit B is the Environmental Impact Assessment.
C. Exhibit C is the Notice of Determination.
D. Exhibit D is the Notice of Completion.
E. Exhibit E is the Energy Conservation Document.
FEES
A. Preliminary Environmental Assessment. There shall be no
fee for a preliminary environmental assessment; provided, however,
that the costs of making such assessment may be reflected in any
other fee required for processing the project.
B. Environmental Assessment. The fee for an environmental
assessment of a project sponsored entirely by a person other than
the City shall be $20 and shall be paid prior to such environmental
assessment.
C. Environmental Impact Report. The fee for the preparation
of an Environmental Impact Report for a project sponsored entirely
by a person other than the City shall be a minimum of $150 and
shall be paid at the time the preliminary draft EIR is. presented
to the City by such sponsor.
D. Excess Costs. Where the estimated cost to the City to
be incurred in preparing the environmental assessment or the EIR
is substantially in excess of the amounts specified in (B) or (C)
above, a reasonable fee may be charged and collected from such
sponsor, in order to recover the estimated costs, which fee must
be paid at the time the negative declaration is filed or the
preliminary draft EIR is presented to the City by such sponsor.
If any dispute arises over the amount of such fee, the City Council
shall decide, which decision is final.
E. Copies to Public. The City shall charge and collect a
fee from members of the public for the actual cost of reproducing
a copy of an EIR requested by the member of the public.
F. Challenge of Negative Declaration. The fee for filing a
challenge to any Negative Declaration shall be $50 to be paid upon
presentation of the challenge.
606 ..........
37.
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 24th day of Feb.
1975, by the following vote:
AYES, COUNCILMEN BARTON, BLEECKER, HEISEY, MEDDERS, ROGERS, STRONG, THOMAS
NOES: COUNCILMEN:
ABSENT COUNCILMEN,.
ABSTAINING COUNCILMENt
APPROVED thi'~ T. 24th day of Feb.
~ ~ ~ . ~: ~ akersfie ld
APPRO~D a~-~tO ~fom:
, 1975
CITY ATTORNEY of of Bakersfield
EXHIBIT A
City of Bakersfield
P,j.~ELIMINARY ENVIRON~ENTAL DETEI\IINATION
Name of Project:
Location:
Entity Or Person Undertakin~ Project:
1. Name:
Address:
Staff Determination:
City staff, having undertaken and completed a
preliminary review of this project in accordance with
City Resolution No. , particularly Paragraph VI
thereof, has concluded that this project does not require
further environmental assessment because:
~ 1. The proposed action does not constitute a
project within the meaning of Paragraph I, 19 (a).
~ 2. The project is a Ministerial Project under
Paragraph I, 14 and Paragraph IV.~
~. 3. The project is an Emergency Project Under
Paragraph I, 6 and Paragraph IIl.
~ 4. The project is categorically exempt.under
Paragraph i, 4 and Paragraph V.
which constitutes the lead agency.
· Applicable Exemption Class:
The project is exempt under Paragraph II(d) o
The project involves another. public agency
Date:
Name of lead agency:
Responsible Authority
EXHIBIT A
EXHIBIT B
City of Bakersfleld
EN~;IRO~fENTAL IMPACT ASSESSt.~NT
Name of Proj ec t:
Location:
/
Entity or Person Undertaking the Project:
t. Name:
2. Address:
Staff Determination
The City's staff, having undertaken and completed an initial study
of'~this project in accordance with Paragraph VI b and Paragraph
VII and VIII of Resolution No. for the purpose of ascertaining
whether the proposed'project might have a significant effect on the
enviroD2nent, has reached the follgwing conclusion:
The project would not have a significant effect on the
environment; therefore a negative declaration should be
prepared which should not be more than one page.
The project could have. a significant effect on the
environment; therefore, an environmental impact report
mill be required. This document may constitute the
Notice of Intent provided for in Paragraph X b of
Resolution No. ·
DATE:
Responsible Authority
EXHIBIT B
EXHIBIT "C"
NOTICE OF DETEt~IINATION
~c~et~ry for ~aso'd~ces - ~M~
1416 ~inth Street., Paom 1311
~cmnto, C~fo~a 95814
County Clerk
County of Kern
Agent)
Filing of Notice of Determination in compliance with Section
~- 21152 of the Public Resources Code
Project Title
State Clearinghouse Number (if submitted to State Clearinghouse)
Contact Person
Project location-
ProJect. Description
Telephone Number
This is to advise that the
(Lead Agency) '
has made the following determinations regarding the above described project:
!. Ths project has been~ approved by the Lead Agency.
disapproved
2. The projectSwill have a significant effect on the environment..
will not
3. ~TAn Em~ironmental Impact Paport was prepared for this project pursuant to
the provisions of CEQA.
A Negative Declaration'was prepared for this project pursuant to the pro-
visions of CEQA. A copy of the Negative D~claration is attached.
Signature
utle
EXHIB IT D
City of Bakersf~,eld
NOTICE OF COMPLETION
Responsible Agency
Project Title
Divis ion
Address
Contact Person
City County
Area Code Phone
Zip
PROJECT DESCRIPTION OF NA~JRE, PURPOSE, AND BENEFICIARIES
~roject Location City
Project Location County
Time' Period Provided for Review
Address Where Copy of Draft EIR is Available
EXHIBIT D
pooa
Energy Conservation
The California E'nviromnental Quality Act was amended, effective January 7,
197S, to require that the discussion of mitigation measures in an EIR include
a discussion of measures to reduce the inefficient and.unnecessary consump-
tion of energy. The following discussion is offered! as assistance in meeting
this requirement. : "
Energy conservation is the wise use of energy resources. The wisdom of a
certain kind of energy use will. vary according to the circumstances. In
late 1974, a leading consideration in energy use is the reduction in
dependence upon high priced imported 'petrOleum. Other considerations are
the reduction in pQllution.from-energy use.and finding ways to make resources
in short sup~iy last longer and-be used for the most. essential purposes.
Energy conservation, measures,. including both the available alternatives and
those incorporate~ into the design ~nd operation of a proposed project
need to be discussed in EIR's. There are many ways in which a project may
be des±gned or operated~o make-mores:efficient and wise use of energy.
The .following list of]conser~ation-measures provides examples that may
be used in EIR's whererelevant.--The-!ist is-not exhaustive,~and it is
not necessary to discuss each example in every EIR.
(1) Insulation and other protection from heat loss or heat gain to
conserve fuel used to heat or cool buildings and mobile homes.
(2) Use of resource conserving forms of energy such as solar energy for
'water and space heating, wind .for operating pumps, falling waler
for generating electricity, and heat pm~ps.
(~)
Energy eff'icient~building design including such features as
orientation of structures to s~mmer and winter sunlight to
absorb-winter solar heat and reflect or avoid summar solar heat.
(~) Measures to reduce energy consumption in transportation such as:
(a)
Providing access to alternative means of transportation for
people such as bus lines, mass 'transit, bicycle lanes.
pedestrian facilities, and cap pooling.
(b) Use of small cars rather than large cars where possible.
. POOR ORIGINAL
(c), Use of a!terna.t'nve means of shipping whic'h allow for energy
sav ing s.
(5) ;EfFicient lighting practices including use of indirect natural iiSht,
use of efficient !!gh'tlng fixtures and//or sources, establishment'
lighting criteria to prevent over iitumina~ion, and m~nimum use of
architectural or display lighting.
(6) Energy conserving construction practices.
(7)
Use of energy conservation devices such as fl~qheels.
Rate'structures Which discourage unnecessary energy consumption.
uSe'of hm~an or animal power where'-such use is-feasible.
(10) Waste.hea~' recoverT- - '.:., ,-.','" .....; ,.. ',
(11) ReCycling and use of recycled materials,
· i- -
EXHIBIT "F"
NOTICE OF EXEMPTION
TO: County Clerk, Kern County FROM:
1415 Truxtun Avenue
Bakersfield, CA 93301
Project Title:
Project Location - Specific:
Project Location - City
Project Location - County
Description of Nature, Purpose, and Beneficiaries of Project:
Name of 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:
Reason 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 filed by the public
agency approving the project? Yes No
Date Filed:
Signature
Title