HomeMy WebLinkAboutRES NO 40-74 RESOLUTION NO. 40-74
'A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AMENDING RESOLUTION NO.
13-74, PROVIDING FOR THE FILING OF NOTICES
OF EXEMPTION.
WHEREAS, new State EIR Guidelines provide a method for
filing notices of decisions that projects are exempt from the
requirement for preparing an EIR because the project is minis-
terial, categorically exempt or an emergency project; and
WHEREAS, if the Notice of Exemption is filed as provided,
the project will be covered by a 35-day statute of limitations,
and if not so filed, a 180-day statute of limitations will apply;
and;
WHEREAS, this City Council desires to implement the
said State EIR Guidelines.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1.
That No. 17.1 is hereby added to Paragraph I(a)..~ (defini-
tions) to read as follows:
17.1 Notice of Exemption means a brief notice which may be
filed by the City when it has approved or determined to carry but
a project, and it has determined that it is ministerial, cate-
gorically exempt or an emergency project. Such notice may also
be filed by an applicant where such a determination has been
made by the public agency which must approve the project. The
contents of this notice are explained in Section 15074(a) and
(b) of the State EIR Guidelines and Section VI(c), (d) and (e)
of City of Bakersfield Resolution No. 13-74, as amended.
SECTION 2.
That Subsections (c), (d) and (e) are hereby added to
Paragraph VI of Resolution No. 13-74, to read as follows:
(c) Notice of Exemption. When the City determines 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 out the project, its
appropriate officers 'may file a Notice of-Exemption. Such a notice
shall includ~ (1) a brief description of the project, (2) a finding
that the project is exempt, including a citation to the State Guide-
lines section under which it is found to be exempt, and, (3) a brief
statement Of reasons to support the finding~
(d) Whenever the City approves an applicant's project, author-
ized officers of the City or the applicant may file a Notice of
Exemption. The 'Notice of Exemption filed by an applicant shall con-
tain the information required in Subdivision (c) above, together with
a certified document issued by the public agency stating that it has
found the project to be exempt. This may be a certified copy of an
existing document or record of the public agency.
(e) The Notice of Exemption will be filed with the County Clerk
of Kern County. Copies of all such notices are required by the State
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. Each such list shall remain posted for a period of
30 days.
SECTION 3.
Subsection (f) is hereby added to Paragraph XIV of Resolu-
tion No. 13-74, as follows:
(f) Exhibit F is the Notice of Exemption referred to in Sub-
section 17.1 of Paragraph I and in Paragraph VI of Resolution No.
13-74.
o0o
EXHIBIT F
NOTICE OF EXEMPTION
TO: County Clerk, Kern County
1415 Truxtun Avenue
Bakersfield, CA 93301
FROM:
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 Extention
If filed by appl'icant:
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
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 3d day of June, 1974, by the following
vote:
..~[.i~D'~t~,CTT./~E'N' BLEECKER, FEISEY, MEDDERS, ROGERS, STRONG, THOMAS
T.,t~lc$': COUNCILMEN: k~
ABSTAINING COUNCILMEN:
the
APPROVED ._t.,h, iS_.3d' a~ of June, 1974
MAYbe C'i~ty of Bakers field
APPROVED as to form:
CITY ATTO~~ City of Bakersfield