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: