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HomeMy WebLinkAboutRES NO 13-74RESOLUTION NO. 13-74 AMENDED RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING OBJECTIVES, CRITERIA AND PROCEDURES FOR THE ORDERLY EVALUATION OF PROJECTS AND THE PREPARATION OF ENVIRONMENTAL DOCUMENTS UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT AND GUIDELINES AMENDED BY SECRETARY FOR RESOURCES ON DECEMBER 17, 1973. WHEREAS, the City Council of Bakersfield adopted its Regulations under CEQA and State Guidelines, by Resolution No. 23-73, effective April 5, 1973; and WHEREAS, State Guidelines were amended on December 17, 1973, and local agencies given until February 15, 1974, to bring local procedures into conformity with the amended Guidelines. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the following shall be the Objectives, Criteria and Procedures For the Orderly Evaluation of'Projects and the Preparation of Environmental Documents Under the California Environmental Quality Act of 1970 and State Guidelines aS'..amended on December 17, 1973, and the same are hereby adopted: OUTLINE OF REGULATIONS Page I Definitions 2 II General Provisions and Responsibilities 7 III Emergency Projects 11 IV Ministerial Projects 12 V Categorical Exemptions 12 VI Preliminary Environmental Assessment 18 VII Determining Significant Effect 19 VIII Mandatory Findings of Significance 21 IX Negative Declaration 22 X XI XII Page Decision to Prepare E.I.R.--Draft E.I.R.-- E.I.R. Process The Final Environmental Impact Report Certification of Final E.I.R.--Approval or Disapproval 36 XIII Statute of Limitations--Form of Action 36 IVX Exhibits 38 XV Fees 38 XVI Effective Date--Rescission of Resolution No. 23-73 24 30 39 I Definitions (a) For the purpose of these regulations, the following words, terms and phrases are defined as hereinafter set out unless it is apparent from the context that a different meaning is intended. 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 of 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 contract, grant, 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 through 21174.. 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 particu- lar activity. 6. Emergency means a sudden, unexpected occurrence demand- ing 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 includ- ing land, air, water, minerals, flora, fauna, ambient noise, objects of historic or aesthetic significance. 8. Environmental Documents mean~ Draft and Final E.I.R.'s, Initial Studies, Negative Declarations, Notices of Completion and Notices of Determination. 9. E.I.R. - Environmental Impact Report means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of CEQA. a. Draft E.I.R. means an E.I.R. containing the information specified in Sections 15141, 15142 and 15143 of the State Guidelines as amended on December 17, 1973. b. Final E.I.R. means an E.I.R. containing the information specified in Sections 15141, 15142, '15143 and 15144 of such amended State Guidelines, a section for comments received in the consultation process, and the response of the Lead Agency to the comments received· 10. E.I.S. - EnvironmentalImpact Statement means an environmental impact report prepared pursuant to the National' Environmental Policy Act (NEPA). The Federal Government uses the term E.I.S. in the place of the term E.I.R. 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 prepared by the lead agency pursuant to Section 15080 of the State Guidelines to determine whether an E.I.R. or a Negative Declaration must be prepared. 13. Lead Agency 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 signi- ficant effect on the environment. ',~,~14. 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 agencymust act upon the given facts without regard to his own judgment or opinion concerning the propriety or wisdom of the act, although the statute, ordinance, Municipal Code section, or regulation may require, in some degree, a construction of its language b~"~h~ officer. 15. NeRative Declaration means a 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 E.I.R. 16. Notice of Completion means a brief report filed with the Secretary for Resources as soon as a lead agency has completed a draft E.I.R. and is prepared to send out copies for review. The contents of this Notice are explained in Section 15085(c) of the State Guidelines and in Paragraph X(d) of this Resolution. 17. Notice of Determination means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA. The contents of this report are explained in Section 15085(g) of the State Guidelines and Paragraphs IX(i) and XII(b) of this Resolution. 18. 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. 19. (a) Project means the whole of an action, resulting in physical impact on the environment, directly or u'~.timately, that is, any of the following: (1) An activity directly undertaken by the City 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 of General Plans or elements thereof pursuant to Government Code Sections 65100-65700. (2) An activity undertaken by a person other tha~~' the City, which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from the City. (3) An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitle- ment for use by the City or its departments. (b) Project does not include: (1) Anything specifically exempted by state law. (2) Proposals for legislation to be enacted by the state legislature. (3) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-~related actions, emergency repairs to public service facilities, general policy and procedure making and feasibility or planning studies. (4) The submittal. of proposals to a vote of the people of the City. (c) The term "project" refers to the underlying activity and not to the governmental approval process. 20. 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. 21. Significant Effect means a substantial adverse impact on the environment. (b) The following words are used to indicate whether a particular subject is mandatory, advisory, or permissive: (1) '~ust" or "shall" identifies a mandatory element which the City is required to follow. (2) "Should" identifies guidance provided by the Secre- 'taryof ReSources based on policy considerations contained in YCEQA 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 considerations. 6. (3) '~4ay" identifies a permissive element which is left fully to the discretion of the City. II General Provisions and Responsibilities (a) Informational Document. An E.I.R. is an informational document 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 E.I.R. 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 institute methods of reducing adverse impacts, and to consider alternatives to the project as proposed. These things must be done prior to approval or disapproval of the project. An E.I.R. may not be used as an instrument to rationalize approval of a project, nor do indications of adverse impact, as enunciated in an E.I.R., require that a project be disapproved. While CEQA requires that major consideration 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 determinihg whether and how a project should be approved. Economic information may be included in an E.I.R. or may be presented orally or as a separate document. (b) Purpose. The purpose of these regulations is to provide the City and all interested persons with objectives, criteria and procedures, including definitions, to be used, consistently with the Guidelines adopted by the Secretary of the Resources.Agency, in the implementation by the City of Bakersfield of the Environmental Quality Act of 1970, including the orderly evaluation of projects and the preparation of environmental impact documents. (~) Responsibility For The E.I.R. Documents. /~ ~7 (1) For Public Works projects, the Public Works Director shall ordinarily do the study and prepare the E.I.R. documents; or upon City Council approval, the services of a consultant may be used pursuant to contract. (2) For private projects, the applicant may be required to prepare the draft E.I.R., or supply data and information to determine whether the project may have a significant effect on the environment and to assist the Planning Director in the prepara- tion of an E.I.R. If the applicant is required to supply a draft E.I.R., the City may not use the draft E.I.R. as its own without independent evaluation and analysis. The draft E.I.R. which is sent out for public review must reflect the independent judgment of the Planning Director. The Planning Director shall prepare all environmental documents except as stated herein and shall be respon- sible for the adequacy and objectivity of all environmental documents for private projects, including all zoning and general plan elements. (d) Application To Projects Where It Is Certain The Activity Will Not Have Significant Effect On Environment. The requirements set forth herein apply to projects which may have a significant effect on the environment and which involve discretionary City action. Where it can be seen with certainty that the activity in question will not have a significant effect on the environment, the activity is not covered by the requirements set forth in CEQA, and these regulations concerning the evaluation of projects and the preparation and review of environmental impact reports 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 plan by the City Council. The E.I.R. 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 E.I.R. and an E.I.S. has been or will be prepared for the same project pursuant to the requirements of the National Environmental Policy Act of 1969 and implementing regulations thereto, all or any part of such statement may be sub- mitted in lieu of all or any part of an E.I.R., provided that the E.I.S. or the part thereof so used, shall comply with the require- ments of these regulations. In most cases where the federal E.I.S. is used, discussion of mitigation measures and growth-inducing impact will have to be added because these elements are required by CEQA but not by NEPA. (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 are hereby adopted by reference as if fully set forth herein. (h) Subsequent E.I.R. Where an E.I.R. has been prepared, no additional E.I.R. need be prepared unless: (1) Substantial changes are proposed in the project which will require major revisions of the E.I.R. due to the involvement of new environmental impacts not considered in a previous E.I.R. on the project. (2) These are substantial changes with respect to the c~c~nst~es'Underwhich the project is to be undertaken, such as a change in the proposed location of the project, which will require ~ajor revisions in the E.I.R. due to the involvement of new environmental impacts not covered in a previous E.I.R. (i) Use of a Single E.I.R. The City may employ a single E.I.R. 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 E.I.R. prepared in connection with an earlier pro- ject to apply to a later project, if the circumstances of the pro- jects are essentially the same. The Public Works Director and the Planning Director may elect to write E.I.R.s in advance for entire programs or regulations, in order to be prepared for project appli- cations 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 E.I.R. and that the E.I.R. will adequately cover the impacts of any single project. If these tests are not met, the City may amend the E.I.R. it prepares for a program to apply it to an individual project with unusual characteristics. (j) Multiple and Phased Projects. Where individual projects are, 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 E.I.R. for the ultimate project. Where an individual project is a necessary precedent for action on a larger project, or corf~f~its the City to a larger project, with significant environmental effect, an E.I.R. must address itself to the scope of the larger project. Where one project is one o'f several similar projects, but is not deemed a part of a larger undertaking or a larger project, the City may prepare~d'~e'E.I.R. for all projects, or one for each project, but should in either case comment upon the combined effect. 10. (k) Ongoing Project. (1) Projects defined in Paragraph I (19)(a)(1) approved prior to November 23, 1970, projects defined in Paragraph I(19)(a) (3) or in Paragraph I(19)(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 Guidelines which are hereby adopted by reference as if fully set forth herein. (2) Any E.I.R. which has been completed or on which substantial work has been performed on or before February 15, 1974, in compliance with Resolution No. 23-73, shall be deemed to be in compliance with the Amended State Guidelines. No further E.I.R. shall be required except as provided in (k)(1). 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 pro- claimed by the Governor pursuant to Chapter 7 (coff~fxencing 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. 11. IV Ministerial Projects Ministerial projects do not require the preparation of environmental impact reports. 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 Uniform 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. V Categorical Exemptions (a) ~The f~llowing projects are hereby found and determined not to have a significant effect on the environment and are, there- fore, exempt from the provisions of the Environmental Quality Act of 1970 and from the provisions of these regulations. 12. Class 1: Existing Facilities. The operation, repair, main- tenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involv- ing negligible or no expansion of use beyond that previously exist- ing, 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 conveyances. 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 highwaysand 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 deter- mined that the damage was substantial and resulted from an environ- mental hazard such as earthquake, landslide or flood. 5. Additions to existing structures provided that the addition will not result in an increase or more than 50 per cent of the floor area of the structures before the addition or 2500 square feet, whichever is less. 6. Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities or mechanical equipment, or topographical features includ- ihg.p~vigat~0nal devices. 7. New copy on existing oh-~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). 13. 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, a~hhaeological 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 have substantially the same purpose and capacity as the structure replaced. Class 3: New Construction of Small Structures. Construc- tion and location of single, new, small facilities or structures 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 building 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 with 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 vegetation, 14. whi&h 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 per cent, 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, s~les of Christmas trees or firecracker sale stands. 5. House-moving permits to move a building out of the City. Code. 6. Architectural Design Review Approvals. 7. 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 disruptive (e.g. trenching or borings during installation or repair, utility under- groundings of water, gas, sewer, electric, storm drain, etc.) includ- ing permits issued to private persons under Chapter 12.16 of the Municipal Code a~d all minor trenching and backfilling where'the surface is restored. Code. 11. Use street permits under Chapter 12.20 of the Municipal 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 approved, adopted or funded. Class 7: Regulatory Actions For Protection of Natural Resources. Actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, or enhancement of a natural resources, where the regulatory process involves procedures for protection of the environ- ment, including, but not limited to wildlife preservation activities. Construction activities are not included in this exemption. Class 8: RegulatorV Actions For Protection of The Environment. Actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities are not included in this exemption. 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 mislabeling, misrepresentation or adulteration 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 considera- tions of where the project is to be located. A project that is ordinarily insignificant in its impact on the environment, may in 7o a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact an environmental resource of hazard- ous 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 exist- ing building under Class 1. (c) The above exemptions only apply where the project in question is found to be discretionary. VI Preliminary Environmental Assessment (a) Determine Whether Activity is Exempt. The responsible City official shall fir'st evaluate or assess the proposed activity to ascertain whether it is categorically exempt (listed in Paragraph V), whether it is covered by an emergency exemption (listed in Paragraph III), whether it is covered by the ministerial exemption (listed in Paragraph IV) or whether the activity is covered by these regulations at all. If such responsible City official ascertains that the activity is covered by one of the above exemp- tions, he shall record it in writing and file it with the papers pertaining to that activity. (b) Initial Study If Activity Not Exempt--Negative Declaration Or E.I.R. If the responsible City official ascertains that the activity or project is not exempt, he shall conduct an initial study to determine if the project may have a significant effect on the environment. If any of the effects of the project may have a sub- stantial adverse effect on the environment, regardless of whether the 18. overall effect of the project is adverse or beneficial, then an E.I.R. must be prepared. If it is determined that the project will not have a substantial adverse effect on the environment due to circumstances of the specific project, a Negative Declaration shall be prepared. VII Determining Significant Effect (Guidelines) (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 Environmental 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 signifi- cant 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 potential. The cost and-physical size of the project may be an important, but not the sole, criteria for determining whether it may have a signi- ficant effect on the environment. 19. (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 aesthetic effect. 5. Destroy important recreational resources. 6. Interfere with important breeding, nesting, or feeding grounds for birds, or animals. Disturb the ecological balance of a land or water area. 8. Involve a reasonable possibility of the contamination 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 co~m,Lunity or the city. 12. Involve the development 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 f~ilities, SUch as requiring more or different schools, fire stations, hospitals, shopping facilities, water distribution facilities, streets, or sewage treatment capacity; or the demand for public service. Have a substantially adverse effect on traffic 14. patterns. 15. 16. Have a substantially adverse effect on neighborhoods. Substantially increase urban congestion or threaten public health. 17. Be in conflict with the objectives, goals and policies of the general plan. 18. Substantially affect a rare or endangered species of animal or plant, or habitat of such a species. 19. Cause substantial interference with the movement 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. 22. siltation. 23. 24. Could cause substantial flooding, erosion or Be subject to major geologic hazards. Arouse substantial community opposition or concern. 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 relatively small. If the effect of the total of those impacts on the environ- ment is significant, an E.I.R. must be prepared. This mandatory finding of significance does not apply to two or more separate 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. IX Negative Declaration (a)- Initial Study. A Negative Declaration shall be prepared for a project which could potentially have a significant effect on the environment, but which either the Public Works Director for public projects and the Planning Director for private projects (including zoning and general plan elements) finds on the basis of an Initial Study will not have a significant effect on the environ- ment. (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 o~'it'ma~ be Obtained. The Negative Declaration should normally not exceed one page in length. (c) Posting. The Negative DeClaration shall constitute a Notice and shall be posted on a bulletin board provided 22. 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 person or organization by notifying the Planning 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 transferred 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 appel- lant shall be given written notice of the meeting of the Planning Co~m~ission, at which such determination shall be made. The Planning Commission shall follow the guidelines set forth in these regulations in the determination as to whether the project would h~-~a signifi- cant effect on the environment. (g) Appeal to City Council. The determination of the Planning Co~m~Lissionshall 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 23. Council. The Notice of Appeal shall state in detail wherein the decision of the Planning Conmission is contrary to these regulations. The decision of the City Council shall be final and conclusive. (h) Official May Prepare E.I.R. 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 E.I.R. 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 respon- sible 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 decision of the decision-maker to approve or disapprove the project, the deter- mination whether the project will have a significant effect on the environment, and a statement that no E.I.R. has been prepared pur- suant to the provisions of the Environmental Quality Act of 1970. X Decision To Prepare E.I.R.--E.I.R. Process (a) Decision to Prepare. If the responsible official or agency finds, after an initial study, that the project may have a significant effect on the environment, the responsible official must prepare or cause to be prepared an Environmental Impact Report. (b) Notice of Intent. A Notice of Intent shall be prepared by the responsible officer, announcing that an E.I.R. will be prepared on the project. The purpose of such notice is to alert other agencies and the general public that the project is contemplated or being planned so that comments may be forthcoming,' which may be included in the E.I.R. Such notice shall include the location, description and purpose of the project. The responsible officer shall file such Notice of Intent with the Planning Commission, at the office of the Planning Director, and post it on the Bulletin Board men- tioned in Paragraph IX. .(c) Private projects. If the project is to be carried out by a nongovernmental person, the Planning Director may require such person to submit data and information necessary to enable the lead agency to prepare the E.I.R. This information, if so required, shall be transmitted in the form of a draft E.I.R. The draft E.I.R. which is sent out for public review must reflect the inde- pendent judgment of the lead agency and specifically the judgment of the Planning Director. Use of a draft E.I.R. submitted by an applicant is also discussed in Paragraph II (c)(2) of this Resolu- tion and in Section 15061(b) of the State Guidelines. (d) Content of E.I.R. The content of an E.I.R. is described in Paragraph XI of this Resolution and is described in Article 9 of the State Guidelines. Each element of an E.I.R. must be covered, and these elements should be separated into distinct sections. (e) Process Prior to Completion of Draft E.I.R. Before com- pleting a draft E.I.R., consisting of the information specified in Section 15141, 15142 and 15143 of the State Guidelines, to wit: Description of the Project, Description of the Environmental Setting and the seven separate subjects set forth in Section 15143, the Planning Director should consult directly with any person or organization he believes will be concerned with the environmental effects of the project. (f) Process After Completing Draft E.I.R. After completing a draft E.I.R., the Planning Director must consult with, and obtain the corf~fLents of, any public agency which has jurisdiction by law ....... with respect to the project and may consult with any person who has special expertise with respect to any environmental impact involved. 50 (g) Notice of Completion. As soon as the draft E.I.R. is completed, but before copies are sent out for review, an official Notice stating that the draft E.I.R. has been completed, shall be filed with the Secretary of the Resources Agency. This Notice shall be referred to as a Notice of Completion, shown as Exhibit "D," and shall contain the following: 1. A brief description of the project. 2. The proposed location of the project. 3. Information indicating where copies of the draft E.I.R. are available for review. Said Notice of Completion shall also be posted on the Bulletin Board referred to above. A form for this Notice is pro- vided as an Exhibit to this Resolution. The Notice of Completion will provide the basis for information published by the Secretary for Resources in an E.I.R. Monitor. In cases where the E.I.R. will be reviewed through the State review process handled by the State Clearinghourse, a Notice of Intent will be completed and filed with the State Clearinghouse. The Notice of Intent will serve as the Notice of Completion, and no Notice of Completion need be sent to the Resources Agency. A form for this Notice of Intent is shown as Exhibit"E" to this Resolution. The Notice referred to in sub- paragraph (b) above, is shown as Exhibit "B" attached to this Resolution. The identity of those public agencies having jurisdic- tion by law over .the project shall be determined on a case-by-case basis, predicated upon the nature and location of the project. (h) Time For Review. At the time copies of the draft E.I.R. are submitted for review pursuant to subparagraph (f) (after the draft E.I.R. has been mailed for filing), the Public Works Director or Planning Director for the project in which he has responsibility, shall establish a time period so as to permit adequate review of 26. and comment on the draft E.I.R. by such public agencies, organi- zations or persons. Such period of time shall be based upon the size and scope of the proposed project; such review period should not be less than 30 days nor longer than 90 days except in unusual situations. Planning activities related to the project should continue. (i) Failure to Comment--Evaluation of Corf~f~ents. The lead agency, specifically the responsible officers of the City, shall evaluate comments received from persons who reviewed the draft E.I.R. In the event a public agency, organization or person whose comments on a draft E.I.R. are solicited fails to comment within the time period established pursuant to (h) above, it shall be presumed that such agency,-.organization or person has no comment to make. \ (j) Availability of the Draft E.I.R. For Review. Following the filing of the Notice of Completion as required by (g) above, copies of the draft E.I.R. shall be made available for acquisition by members of the general public. Any person requesting a copy of the draft E.I.R. shall be charged the actual cost of reproduc- ing it. The Notice of Completion shall show an address where a copy of the draft E.I.R. is available. (k) Public Meetings--Private Projects. Where a draft E.I.R. has been prepared on a project undertaken by a person other than the City, which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance. (Paragraph I (19)(2)) and projects involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use,~by the City or its departments (Paragraph ! ~19)(3)) includ- ing all zoning matters and general plan elements, the Planning Director shall be responsible for the consultation and the private review process described above and shall be responsible for the 27. public review process. The draft E.I.R. shall be used as the outline for discussion at any public hearings or meetings. The following procedures shall apply: 1. In all cases the Planning Commission shall be the Lead Agency of the City of Bakersfield where the City has the prin- ciple responsibility for preparing environmental documents and for carrying out or approving a project which may have a significant effect on the environment. As such Lead Agency such Commission shall have the responsibility of certifying the final E.I.R. as having been completed in compliance with the California EnVironmental Quality Act, the State Guidelines and the City Resolution and that the decision-making body or administrative official having final approval authority over the project has reviewed and considered the informa- tion contained in the E.I.R. 2. In any case in which the project itself regularly comes before the Planning Commission, e.g. zoning, tentative subdivision maps, general plan elements, etc., the Commission shall consider the draft E.I.R. in conjunction with and as a part of the normal Planning Commission activity. Notice of public hearing shall be given in the same form and time as notice for the other regularly conducted public hearings before the Commission. Such hearing shall not be held earlier than 30 days nor later than 90 days from the filing of the Notice of Completion, except in unusual cases. 3. In cases where the project itself regularly comes before the Board of Zoning Adjustment or other administrative body or official, the Planning Commission shall consider the draft E.I.R. at a public hearing held prior to the time set for consideration of the-project itself but not sooner than 30 days nor later than 90 days after the filing of the Notice of Completion except in unusual cases, and shall certify the final E.I.R. as required in (1) above. 28. No action on the project shall be taken until such final E.I.R. has been so certified and presented to the Board of Zoning Adjust- ment, or other administrative body or official having approval power. After such action the Planning Commission shall certify whether such final E.I.R. has been reviewed and considered prior to decision on the project. Notice of the public hearing shall be given by publishing notice thereof in a newspaper of general circulation published in the City at least fifteen (15) days prior to the date of the hearing. (1) Public Meetings--Public Projects. Where a draft E.I.R. has been prepared on a project directly undertaken by the City including but not limited to public works construction and related activities, the Public Works Director shall be responsible for the consultation, the private review process and for the public review process. The draft E.I.R. shall be used as the outline for dis- cussion at any public hearings or meetings. The following pro- cedures shall apply: 1. A public hearing shall be held before the Planning Commission, to be conducted not earlier than 30 nor later than 90 days from the filing of the Notice of Completion, except in unusual cases. 2. Notice of such public hearing shall be given by pub- lishing notice thereof in a newspaper of general circulation published in the City at least fifteen (15) days prior to the date of the hear- ing. 3. Such notice shall describe the project as to nature, purpose and location and shall invite the public to comment on the draft E.I.R. 4. No action on the project shall be taken until such final E.I.R. has been certified and presented to the decision-making 29. body or official, e.g. the City Council, having approval power. After such action on the project the Planning Commission shall certify whether such final E.I.R. has been reviewed and considered prior to decision on the project. '.~- 5. E.I.R.s and Negative Declarations to be reviewed by state agencies shall be submitted to the State Clearinghouse, 1400 Tenth Street, Sacramento, California 95814. When E.I.R.s are sub- mitted to the State Clearinghouse the review periods shall be at least as long as the period provided in the state review system operated by the State Clearinghouse. (m) Focus of Review. All Reviewers should focus on the sufficiency of the E.I.R. 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 the California Environmental Quality Act, to provide decision-makers with useful information about such factors. (n) Statement of Overriding Considerations. If a decision- maker decides to approve a project for which serious adverse environmental consequences have been identified in an E.I.R., such official or body may make a statement identifying the other interests that warrant approval in his or its point of view. If such a state- ment ismade, it should be included in the record of the project approval and may be attached to the Notice of Determination. XI The Final Environmental Impact Report A. General Contents. The responsible official shall finally prepare the--IE.I.R. The contents of a final E.I.R. are specified in this paragraph and in Article 9 of the "Guidelines for Implemen- tation of 'the California Environmental Quality Act of 1970." 0. B. Specific Contents of E.I.R. Required. Environmental Impact Reports shall contain the following information: (a) Description of Project. The description of the project shall contain the following information, but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact. (1) The precise location and boundaries of the pro- posed project shall be shown on a detailed map, preferably topo- graphic. The location of the project shall also appear on an appro- priate vicinity or city map. (2) A statement of the objectives sought by the proposed project. (3) A general description of the project's technical, economic, and environmental characteristics, considering the prin- cipal engineering proposals and supporting public service facilities. (b) Description of Environmental SettinK. An E.I.R. 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 environmental impacts. Special emphasis should be placed on environmental resources that are rare or unique to that region. Specific reference to related projects, both public and private, both existent and planned, in the region should also be included, for purposes of examining the possible cumulative impact of such projects. (c) 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, preferably in separate sections or paragraphs. 31. (1) The Environmental Impact of the Proposed Action: Describe the direct and indirect impacts of the project on the environ- ment, 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, population concentration, the human use of the land (including commercial and residential development) and other aspects of the resource base, such as water, scenic quality and public services. (2) 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 alleviated without imposing an alternative design, their implica- tions and the reasons why the project is being proposed, "'notwith- standing their effect, should be described. Do not neglect impacts on any aesthetically valuable surroundings, or on human health. (3) Mitigation Measures Proposed to Minimize The Impact: Describe any mitigation measures written into the project plan to reduce significant environmentally adverse impacts to insignificant levels, and the basis for considering these levels acceptable. Where a particular mitigation measure has been chosen from among several alternatives, this should be discussed and reasons should be given for the choice made. (4) Alternatives to The Proposed Action: Describe any known alternatives to the project, or to the location of the pro- ject, 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. Attention should be paid to alternatives 32. capable of substantially reducing or eliminating any environmentally adverse impacts, even if these alternatives substantially impede the attainment of the project objectives, and are more costly. (5) The Relationship Between Local Short-TermUses of Man's Environment and The Maintenance and Enhancement of 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 reasons why the proposed project is believed by the sponsor to be justified now, rather than reserv- ing an option for further alternatives, should be explained. (6) 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 commitment 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 irreversible damage can result from environmental accidents associated with the project. Irretrievable co~f~f~itments of resources should be evaluated to assure that such current consumption is justified. (7) 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). Increases in the population 33. may further tax existing community service facilities so consider- ation 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. (d) Organizations and Persons Consulted. The identity of all federal, state, or local agencies, other organizations and private individuals consulted in preparing the E.I.R., and the identity of the persons, firm or agency preparing the E.I.R., by contract or other authorization must be contained in the E.I.R. (e) Water Quality Aspects. With respect to water quality aspects of the proposed project, which have been previously certi- fied by the appropriate state or interstate organization as being in substantial c6mpliance with applicable water quality standards, reference to the certification should be made in the E.I.R. (f) Completing the E.I.R. The final E.I.R. shall consist of the draft E.I.R. containing the elements described above, a section listing the organizations and persons consulted and containing a statement of the corf~f~ents received through the consultation process, either verbatim or in suxLm~ry, and the response of the responsible agency to the significant environmental points raised in the review and consultation process. The response of the responsible agency to comments received may take the form of a revision of the draft E.I.R. or may be an attachment to the draft E.I.R. The response shall describe the disposition of significant environmental issues raised (e._g., revisions to the proposed project to mitigate antici- pated impacts or objections). In particular the major issues raised when the responsible agency's position is at variance with recom- mendations and objections raised in the comments must be addressed 34. in detail giving reasons why specific comments and suggestions were not accepted, a factor of overriding importance warranting an over- ride of the suggestions. (g) Degree of Specificity. The degree of specificity required in an E.I.R. will correspond to the degree of specificity involved in the underlying activity which is described in the E.I.R. (1) An E.I.R. on a construction project will necessarily be more detailed in the specific effects of the project than will be an E.I.R. on the adoption of a local general plan on comprehensive zoning ordinance because the effects of the construction can be pre- dicted with greater accuracy. (2) An E.I.R. on projects such as the adoption or amend- ment of a comprehensive zoning ordinance or a local general plan should focus on the secondary effects that can be expected to follow from the adoption, but.the E.I.R. need not be as detailed as an E.I.R. on the specific construction projects that might follow. (3) The requirements for an E.I.R. on a local general plan or element thereof will be satisfied by the general plan or element document, i.e., no separate E.I.R. will be required, if: the general plan addresses all the points required to be in an E.I.R. as stated in Paragraph X (and in Article 9 of the State Guidelines) and the document contains a special section or a cover sheet identifying where the general plan document addresses each of the points required. (h) There is no requirement to conduct a public hearing in connection with the City's review of an E.I.R. prepared by another public agency. 35. XII Certification of Final E.I.R.--Approval 'Or Disapproval of The Pro~ect (a) Certification of Final E.I.R. Following the hearings on the draft E.I.R. and preparation of the Final E.I.R. as required by this Resolution, the Final E.I.R. shall be presented to the decision- making body of the City. The Planning Commission shall certify that the final E.I.R. has been completed in compliance with the California Environmental Quality. Act and the state guidelines and that the decision-making body or administrative official having final approval authority over the project has reviewed and considered the informa- tion contained in the E.I.R. (b) Notice of Determination. After a decision has been made on the project, the Planning Director for private projects and all zoning and general plan matters and the Public Works Director for public works projects, shall file a notice of action taken on the project. This Notice shall be referred to as a Notice of Determina- tion and is attached hereto as Exhibit "C." Such notice shall include (1) the decision of the agency to approve or disapprove the project, (2) the determination of the agency whether the project will or will not have a significant effect on the environment, and (3) a state- ment that an E.I.R. has been ~prepared pursuant to the provisions of CEQA. (c) FilinK and Posting of Notice of Determinationt The Notice of Determination shall be filed with County Clerk of Kern County and posted on the Bulletin Board referred to herein. XIII Statute of Limitations--Form of Action (a) No Determination of SiKnificant Effect. An action or pro- ceeding alleging that the City is carrying out or has approved a 36. 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 with-.'L out a formal decision by the City, such action or proceeding must be commenced within 180 days after the cofmf~encement of the project. (c) Improper Determination. Any action or proceeding alleging 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 gounds of noncompliance with the Environmental Quality Act of 1970 shall be in accordance with the provisions of Section 1094.5 of the Code of Civll Procedure. In any such action, the court shall not exercise its independent judgment on the evidence, but shall only determine whether the act or decision is supported by substantial evidence in the light of the whole record. (e) Actions Other Than Under Section 1094.5. In any action or proceeding, other than an action or proceeding under subparagraph (d) above, to attack, review, set aside, void or annul a determina- tion or decision of the City on the grounds of noncompliance with the provisions of the Environmental Quality Act of 1970, the inquiry shall.extend only to whether there was a prejudicial abuse of dis- cretion. Abuse of discretion is established if the City has not 37. proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence. (f) Nonapplicability of Act. The Environmental Quality Act of 1970 and these regulations shall not apply to the issuance of any lease, permit, license, certificate or other entitlement for use for any project defined in Paragraph I 19(a) April 5, 1973. IVX (a) (b) (c) (d) (e) (2) and (3) until Exhibits Exhibit A is the Preliminary Environmental Determination. Exhibit B is the Environmental Impact Assessment. Exhibit C is the Notice of Determination. Exhibit D is the Notice of Completion. Exhibit E is the Notice of Intent referred to in Paragraph X (g) (3) XV 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 E.I.R. is presented to the City by such sponsor. 38. (d) Excess Costs. Where the estimated cost to the City to be incurred in preparing the environmental assessment or the E.I.R. 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 E.I.R. is presented to the City by such sponsor. If any dis- pute 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 E.I.R. 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. XVI Effective Date--Rescission of Resolution No. 23-73 These regulations shall be effective and supersede and rescind Resolution No. 23-73 on and after February 15, 1974. o0o 39. EXHIBIT A City of Bakersfield P. fT~ELIMINARY ENVIRON~ENTAL" DETEP~I!NATION Name of Project: Location: Entity or Person Undertaking Project: 1. Name: 2. 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, 6and Paragraph Ill. ~ 4. The project is categorically exempt under Paragraph I, 4 and Paragraph V. -Applicable Exemption Class: ~ 5.. The project is exempt under Paragraph II(d~). ~ 6. The project involves another public agency which constitutes the lead agency. Name of lead agency: Date: Responsible Authority EXHIBIT A EXHIBIT B City of Bakersfie'Ld _E~nTIRO~v~ENTAL IMPACT ASSESS}~ENT 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 effecton the enviromnent, has reached the follgwing conclusion: The project would not have a significant effect on the environment; therefore a negative declaration should be p'repared which should not be more than one page. The project could have a significant effect on the environment; therefore, an environmental impact report will be required. This document may constitute the Notice of Intent provided for in Paragraph X b of Resolution No. · DATE: Responsible Authority EXHIBIT B EXiHIBIT C City of Bakersfi~;· 13 NOTICE OF DETEP~MINATION Rasponsible Agency Proj'ec t Tit le Addre s s: Street ntnmber City County Zip Contact Person Area ·Code Phone Ext. ~ouncil) ' on , 197 , cerning the above project: .~ 1. Determined to (approve) 2. Determined that the project (will) significant effect of the environment. (Plan~ing Commission, Board of Zoning Adjustment or City took the following action con- (disapprove) the project; and (will not) have a An environmental impact report (has),(has not) been pre- pared pursuant to the provisions of the California Environmental Quality Act of 1970, as amended, DATE: Responsible Authority EXHIBIT C EXHIB IT D City of Bakersfield NOTICE OF COMPLETION ~espons ib !e ~gency Project Title Division Address Contact Person City Area Code County Phone Zip PROJECT DESCRIPTION OF NATURE,. PURPOSE, AND BENEFICIARIES ~roject Location City Project Location County Time' Period Provided for Review ~ddress Where Copy of Draf't EIR is Available EXHIBIT D STATE OF CALIFORNIA jSTATE CLEARINGHOUSE NUMBER (SCN, N0) t.. SEE 0'2 03 (1-8) TRANSACTION (9) !NSTRUCTIONS ON REVERSE SIDE 'SPONSOR (OR AGENCY RESPONStBL~ FOR REPORT)(12-45) PROJECT TITLE (12-71) ~DDRES5 (12-45) ] ST AT E C LE AFIING H OFFICE OF PLANNING AND IDIVISlON (46-74} lCITY (46-60} 04 CONTACT PERSON (12-36) (12-71) 10 -P,'~OJECT LOCATION CITY (12-45) 11 TITLE (37-'55} PROJECT DESCRIPTION OF NATURE. PURPOSE, BENEFICIARIES MATCItING FUNDS STX, TE JSO-~PJ) J L~CAL · (39-47J NOTIFY eoTH~ D- 1 DATE' THIS FORM SUB.UlTTEb I75-80} '~GENCYACTION DATE (SEE IhST~I75-eO) ICOUNTY (61-75) I 1 AREA CODE {66-68) PHONE I69-75) EXT. ON THESE G LINES CAPSULIZE THE PROJECT DESCRIPTION., YOU ARE ENCOURAGED ~O ATTACH ADDITION- AL IHFORMATION ON ~HE PROJECT FOR THE BENEFIT OF THE REVIEW- ER. IF YOU DO, THE STATE CLEAR- INGHOUSE WILL NEED 25 COPIES OF ANY ATTACHMENTS. PLEASE CHECK WITH THE METROPOLITAN CLEARINGHOUSE FOR THEIR SUB- MISSION REQUIREMENTS, JPROJECT LOCATION COUNTY (46-79) (48-56) (57-66) OTHER NON-FEDERAL FUNDS TOTAL FUND5 FEDERAL FUNDS 12- GRANT (1Z-2O) I OTHER (21-Z9) t 13 'SOURCE OF OTFHER FEDFR)L FUNDS (12-34))FED. CATALOG NO. iSOURCE OF STATE HATCH (35-57) F'UNDI,NG AGENCY PROGjtAJ~t TITLE(,(]2-80) t4 15 )FUNDraNG AGENC~ HAF4E (12-45) )SUe-AGENCY (45-79) I, CONGRESSIONAL DISTRICT __ J 5~HATE DISTRICT ' TYPE OF ACTION: _312 NEW ] 13 htODIF1CATIOIt IN CURRENT GRANT - CUR. 5CH. NO. __ (14-21) []22 CONTINUATION GRANT SCR, N0. FROM PRE. YR. (23-30) SOURCE OF OTHE'R NON-FED. FUNDS (58-80) '1 i ts ENVIRONMENTAL DOCUMENT REVIEW REQUIRED~ 1F YES - PROJECT SUBJECT TO REVIEW UNDER: IF PROJECT IS PHYSICAL IN NATmJPE ON REQUIRES AN .(.CHECK AS t~!ANY AS APPROPRIATE) ENVIRONMENTAL DOCU.%IENT, LIST THE U.S. GEE)LOGICAL SURVEY QUADRANGLE MAP IN WHICH THE PROJECT IS ] 58 u.5, OFFICE OF MANAGEMENT AND BUDGET LOCATED. CIRCULAR A-95 ] 59 MODEL CITIES PLANNED VARIATION 2, Q 60 NATIONAL ENVIRONMENTAL POLICY ACT 17 ~ 3~ ~ESUeM;T~t ~r A PR~ s. APPLICATION - ~ 61 CALIFORNIA ENVIRONMENTAL QLIALITy ACT _ (32-39) ~ 6Z SUBDIVISION REVIEW (SECTION 11550.1 OF REQUESTED FUND START BUSINESS ~ P~OF~SSIONS CODE) DOES YOUR AGENCy HAVE A CIVIL RIGHTS AFFI~.ATIV[ I (40-~5) NON - DAY - YEAR ACTION POLICY AND PLAN? I FUNDS DURATION MOS, ~ 63 STATE ADMINISTRATIVE ~ANUAL (SEE. 0911) · (46-4S) YES ~ST. PROJECT 5TART Q 64 ttEALTH RELATED (SEE. 437.5 OF HEALTH AND SAFETY CODE) WILL THE PROJECT REQUIRE RELOC~TION~ (49-54) NON - DAY - Y~AR EST. PROJECT DURATION ~05. ~ 65 LEASE OF STATE LANDS (55-57) D 86 OTH6R: YES ~ 6g HO ~ 70 18 [] 14' ENVIRONMENTAL IMPACT STATE(',tENT (REPORT) ATTACHED [] 25 FEDERAL PROGRAM DOES NOT REQUIRE AN ENVIRONMENTAL DOCUMENT [] IS DRAFT EIR [~] 16 FINAL EIR [] 26 PROJECT EXEMPT UNDER STATE CATEGORICAL EXEMPTION, [] 17 NEGATIVE DECLARATION ATTACIIED ' CLASS ] 18 NONE ATTACHED - DOCUMENT WILL BE FORWAROED ON (27-29) APPROXIMATELY NON DAY Y~AR (19-24) LIST LOCAL COUNTYWIDE, REGIONAL, STATE O~ FEDERAL A~ENCI~5 WITH WHICH COORDINATION HAS BE~N ES'FABLISHED, 5PONSO'R'5 PROJECT I.D. HUHBEN (OPTIONAL) (12-21) SIGNATURE OF AUTHORIZED R{.PRESENTATIVE EXHIBIT E 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 llth day of February, 1974, by the following vote: AYES: COUNCILMEN BLEECKER, HEISEY, MEDDERS, l~i(~::ar~, STRONG, THOMAS NOES: COUNCILMEN: ~'~~ · 7'LL ABSTAINING COUNCILMEN: ~/'~~ ACTIN~EITY CEERK .d Ex Officio Clerk of tW~ Council of~ie City of Bakersfield APPROVED t~?~i~:l_~f February, MAYO f'~~Ci~-ty',of Bakersfield 1974 APPROVED as to form: