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HomeMy WebLinkAboutRES NO 23-73RESOLUTION NO. 23-73 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFiELD ESTABLISHING BY REGULATION, OBJECTIVES, CRITERIA AND PROCEDURES FOR THE EVALUATION OF PROJECTS AND THE PRE- PARATION OF ENVIRONMENTAL IMPACT REPORTS UNDER THE ENVIRONMENTAL QUALITY ACT OF 1970 AND GUIDELINES ADOPTED BY THE SECRETARy OF THE RESOURCES AGENCY. WHEREAS, Section 21082 of the Environmental Quality Act of 1970, requires the City to adopt objectives, criteria and procedures for the evaluation of projects and the preparation of environmental impact reports no later than April 4, 1973, consistent with such Act and the Guidelines adopted by the Secretary of the Resources Agency on February 3, 1973. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the following shall constitute the regulations governing the evaluation of projects and the preparation of environmental impact reports (E.I.R.) in the City of Bakersfield. OUTLINE OF REGULATIONS .I. Definitions 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Page Lead Agency Ministerial Projects Negative Declaration Notice of Completion Notice of Determination Person Project Responsible Agency Significant effect 5 5 .5 6 6 6 6 7 7 Approval 'I3 Categorical Exemption 3 Discretionary ProjectS' 3 Emergency 3 Environment 4 E. I .R. Environmental Impact Report 4 E.I.S. Environmental Impact Statement5 Feas ib le 5 II. General Provisions and Responsibility (a) Purpose (b) The E.I. R. --Responsibility (c) Application to Projects where no effect is certain (d) Redevelopment Plan (e) Public Projects (f) Private Projects (g) Federal Projects (h) Lead Agency (i) Subsequent E. I .R. (j) Use of Single E.I.R. (k) Multiple and Phased Projects ( 1 ) Ongo ing Proj ec t Page 7 8 8 9 9 9 9 9 9 9 10 10 III. Emergency Projects 10 IV. Ministerial Projects 10 V. Categorical Exemptions Class 1: Existing Facilities Class 2: Replacement or Reconstruction Class 3: New Construction and Small S truc ture s Class 4: Minor Alterations to Land Class 5: Alterations in Land Use Limitations Class 6: Information Collection Class 7: Regulatory Actions for Protec-~ tion of Natural Resources Class 8: Regulatory Actions for Protec- tion.of the Environment Class 9: Inspections Class 10: Loans Class 11: Accessory Structures Class 12: Surplus Government Property Sales 11 13 13 14 14 15 15 15 15 16 16 16 Preliminary Environmental Assessment (a) Determine whether Activity is exempt. (b) Initial Study if Activity not exempt-- Negative DeclaratiOn or E.I.R. 16 17 VII. Determining Significant Effect (Guidelines) (a) Intent of Environmental Quality Act (b) Cumulative Impact (c) Effect on the Site and the Community (d) Matters to Consider 17 18 18 18 VIII . Mandatory Findings of Significance Page 20 IX. Negative Declaration (a) Description of the Project (b) One page (document) (c) Filing and Posting (d) Notice--Time (e) Challenge (f) Jurisdiction of the Planning Commi s s ion (g) Appeal to City Council (h) Official may Prepare E.I.R. (i) Notice of Determination 21 21 22 22 22 22 23 23 23 Decision to Prepare E.I.R.--Process for Draft E.I.R. (a) Decision to Prepare 24 (b) Notice of Intent 24 (c) Preparation of Draft E.I.R.--By Whom 24 (d) Notice of Completion 25 (e) Review of Draft E.I.R. by other Public Agencies and Persons with Special Expertise 26 (f) Time for Review 26 (g) Failure to Comment--Evaluation of Comments 26 (h) Availability of Draft E.I.R. for Review 26 (i) Draft E.I.R. Outline for Discussion 27 (j) Focus of Review 27 XI. The Final Environmental Impact Report General Contents 28 Specific Contents of E.I.R. Required (a) Description of Project 28 (b) Description of environmental setting 29 (c) Environmental Impact (1) The Environmental Impact of the Proposed action 29 (2) Any Adverse EnVironmental Effects which cannot be Avoided if the Proposal is Implemented 29 (3) Mitigation Measures Pro- posed to Minimize the Impact 30 (4) Alternatives to the Pro- posed Action .30 (5) The Relationship Between Local Short-Term.Uses of Man's Environment and the Maintenance and Enhancement of Long-Term Productivity 30 Page (6) Any Irreversible Environ- mental Changes which would be Involved in the Proposed Action Should it be Implemen- ted 31 (7) The Growth-Inducing Impact of the Proposed Action 31 (d) Organizations and Persons Con- sulted 32 (e) Water Quality Aspects 32 (f) Completing the E.I.R. 32 XII . Adoption of Final E.I.R.-- Approval or Dis- approval of the Project (a) Adoption of Final E.I.R. (b) Notice of Determination (c) Filing and Posting of Notice of De terminat ion 33 33 '34 XIII. Statute of Limitations--Form of Action (a) No Determination of Significant Effect 34 (b) Without Formal Decision 34 (c) Improper Determination 34 (d) Form of Action or Proceeding 34 (e) Actions other than under CCP 1094.5 35 (f) Non-applicability of Regulations 35 XIV_ . Exhibits Attached (a) Preliminary Determination--Exhibit A 35 (b) Environmental Impact Assessment-- Exhibit B 35 (c) Notice of Determination--Exhibit C 35 (d) Notice of Completion--Exhibit D 35 Fees (a) Preliminary Environmental Assessment 36 (b) Environmental Assessment 36 (c) Environmental Impact Report 36 (d) Excess Costs 36 (e) Copies to Public 36 XVI. Effective Date 37 2b. DEFINITIONS 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. Approval.means the decision by the City which commits it to a definite course of action in regard to a public project intended to be carried out. The exact date of approval of any such project shall be determined by the City according to its rules and laws. In connection with private activities, approval occurs upon the earliest commitment to issue or the issuance by the City of a discretionary lease, permit, license, certificate, or other entitlement'for use of the project. 2. Categorical Exemption means an immunity (exemption, exception) from the provisions of the Environmental Quality Act of 1970, of a class of projects and the specific activity listed within such class, based upon a finding by the City Council that such project does not have a significant effect on the environment· 3. Discretionary Project means an activity defined as a project which requires the exercise of judgment, deliber- ation, or decision on the part of the City in the process of approving or disapproving a particular activity, as distinguished from situations where the City merely Has to determine whether there has been conformity with applicable statutes, ordinances, Municipal Code sections, or regulations. 4. Emergency means a sudden and catastrophic calamity caused by an occurrence or combination of occurrences of local impact, such as fire, flood, earthquake or other natural disaster, riot, war, accident, or sabotage· 5. Environment means the physical conditions which exist in the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, objects of historic or aesthetic significance. The general term "environment" is divided into the following categories: (1) The physical or inorganic environment, comprising such factors as climate and soil. (2) The biological environment, comprising wild plants and animals, including bacteria and other germs. (3) The social environment, comprising things due to human activity and divisible into: (a) The physiosocial environment, com- prising buildings, streets, and manufactured objects. (b) The biosocial environment, comprising domesticated plants and animals. 6. 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 the Environmental Quality Act of 1970. (a) Draft E. I .R. means. an E. I .R. containing the information specified in Paragraph XI of this Resolution, entitled "Contents of Environmental Impact Reports." (b) Final E.I.R. means an E.I.R. containing the information specified in said Paragraph XI , a section for comments received in the consultation process, and the response of the Responsible Agency (usually the City) to the comments received· 7. E.I.S. Environmental Impact 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 the California Environmental Quality Act of 1970. 8. Feasible means capable of being accomplished in a successful manner by reasonably available, economic, and workable means. 9. Lead Agency means the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect on the environment where more'than one public agency is involved with the same underlying activity. 10. Ministerial Projects ms a general rule, include those activities defined as projects which are undertaken or approved by a governmental decision which a public officer or public agency makes upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. With these projects, the officer or agency must act upon the given facts without regard to his own judgment or opinion concerning the propriety or wisdom of the act, although the statute, ordinance, Municipal Code section, or regulation may require, in some degree, a construction of its language by the officer~ 11. Negative Declaration means a statement that a project, although not categorically exempt, would not have a significant effect on the environment, and, therefore, does not require an E.I.R. 12. Notice of Completion means a brief report filed with the Secretary for Resources as soon as the City has completed a draft E.I.R. and is prepared to send out copies for review. The contents of this report are explained in Paragraph X(d) , entitled "NotiCe Of ,Completion". 13. Notice of Determination means a brief notice to be filed by the City with the Kern County Clerk, when the Ciey approves or determines to carry out a project which is subject to the requirements of the Environmental Quality Act of 1970. The.~contents of this report are explained in Paragraph_IX(i) and-XII(b), entit~ed~-'~Notice of Determination". 14. Person includes any person, firm, association, organization, partnership, business, trust, corporation, company, distric~ county, city and county, city, town, the State, and any of the agencies' political subdivisions of such entities. 15. .(a). Project means the whole of an action, resulting in physical impact on the environment', directly. or ultimately, 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 lands, improve- ments to existing public structures, enactment and amendment of zoning 6rdinances (initiated by the City) and the adoption of General Plans or elements thereof. (2) An activity undertaken by a person other than the City, which is supported in whole or in part through 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 entitlement for use by the City. law. (b) Project does not include: (1) Anything specifically exempted by state (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, feasibility or planning studies. (4) The submittal of measures to a ~ote of the people of the City. 16. Responsible Agency means the public agency (City) which proposes to undertake or approve a project, and is responsible for making a negative Declaration or for the preparation of an E.I.R. 17. Significant effect means a substantial adverse impact on the environment. II. GENERAL PROVISIONS AND RESPONSIBILITY (a) 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 reports. (b) The E.I.R.--Responsibility. For public projects, the Public Works Director shall ordinarily do the study and write the E.I.R.; or upon City Council approval, a consultant may do the study and write the E.I.R., or the Public Works Director may write the E.I.R., based upon a consultants study, or the Public Works Director may write the E.I.R. and utilize a consultant where desirable for expertise. For private projects, the sponsor of the project or his consultant will ordinarily write the draft E.I.R. and the Planning Director will write the final E.I.R. In any event, the City is responsible entirely for the adequacy and objectivity of the E.I.R. (c) Application to Projects Where No Effect Is Certain. The requirements set forth in these regulations apply to projects which may have a significant effect on the environment, and which involve discretionary governmental action. Where it can be seen with certainty that the activity in question will not have a significant effect on the environ- ment, the activity is not covered by the requirements set forth in these regulations concerning the evaluation of projects and the preparation and review of environmental impact reports do not apply. The Public Works Director for pubtic~w~rk.s~and the Planning_Director for private projects, are authorized to list such activities when they find that it is certain such activities will not have a significant effect on the environment. Such activities shall not be covered by these requirements upon posting of a description of such activities for two weeks upon a bulletin board near the office of the Planning Department in the City Hall, provided no objections are received by the City during such two week period. (d) Redevelopment Plan. All public and private activities or undertakings pursuant to or in furtherance of a red~velopment 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 shal~ be submitted in accordance with Section 33352 of the Health and Safety Code. (e) Public Projects. When the City plans to carry out a project which may have a significant effect on the environment, the City shall prepare an EoI.R. through its own efforts or through contract. (f) Private Projects. Projects undertaken by a person other than the City which are supported' in whole or part through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies or which involve the issuance to a person of a lease, permit, license, certificate, or other entitlement tO use by the City require the preparation of an E.I.R., if the project may have a significant effect on the environment and the project involves discretionary governmental action, unless the project is otherwise exempted by these regulations. (g) Federal Projects. Section 15063 of the "Guide- lines for Implementation of the California Environmental Quality Act of 1970" are hereby adopted by reference as if fully set forth herein. (h) Lead ARency. Sections 15064, 15065 and 15066 of the "Guidelines" are hereby adopted by reference as if fully set forth herein. (i) Subsequent EoI.R. Section 15067 of the "Guide- _!ine~'' ~r~ hereby adopted by reference as if fully set forth herein. (j) Use of Single E.I.R. Section 15068 of the "Guidelines" are hereby adopted by reference as if fully set forth herein. (k) Multiple and Phased Projects. Section 15069 of the "Guidelines" are hereby adopted by reference as if fully set forth herein. (I) Ongoing Project. Section 15070 of the "Guide- lines" are hereby adopted by reference as if fully set forth he~ein. III. EMERGENCY PROJECTS The following emergency projects are exempt from the requirement for an environmental impact report: 1. Projects undertaken, carried out, or approved by the City to maintain, repair, restore, demolish or replace property or 'facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government Code. 2. Emergency repairs to public service facilities necessary to maintain service. 3. Projects undertaken as immediate action necessary to prevent or mitigate an emergency. IV MINISTERIAL PROJECTS Ministerial projects do not require the preparation of environmental impact reports. Ministerial activities include, but are not limited to the following: .......... lv- Issuance of buildingspermits. 2. Issuance of plumbing permits. 3. Issuance of electrical permits. 0e 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 ~railer 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 o~ local governmental action. 13. Issuance of non-discretionary sign permits. V CATEOGORICAL EXEMPTIONS A. The following projects are hereby found and determined not to have a significant effect on the environment and are, therefore, exempt from the provisions of the Environ- mental Quality Act Of 1970 and from the provisions of these regulations. Class 1: ExistinR Facilities. The operation, repair, maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, which projects are discretionary 11. in nature, including but not limited to: 1. Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyance s. 2. Existing facilities of both investor, and publicly owned utilities used to convey or distribute electric power, natural gas, sewage, etc. 3. Existing highways and streets, (within already established rights-of-way) sidewalks, gutters, curbs, driveway approaches, bicycle and pedestrian trails, and similar facili- ties. 4. Restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted '~ from an environmental hazard such as earthquake, landslide or flood. 5. Additions to existing structures provided that the addition will not result in an increase or more than 50 percent of the floor area of the structure before the addition or alteration, or 2500 square feet, whichever are 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 where these devices do not have or result in an adverse environmental impact. 7. New copy on existing on and off-premise signs. 8. Maintenance of existing landscaping, nature growth and sumps and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, 12. Y California Agricultural Code). 9. Division of existing multiple family rental units into condominiums. 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, which projects are discretionary in nature. Class 3: New Construction of Small Structures. Discretionary projects consisting of construction and location of single, new facilities or structures and installation of 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 and apartments designed for not more than six dwelling units and duplexes, 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 con- junction 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 con- struction. 5. Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. 6. Permitted signs. 13. Minor Alterations to Land. Class 4: Discretionary projects consisting of minor public or private alterations in the condition of land, water and/or vegetation, including, but not limited to: 1. Grading on land with a slope of less than 40 percent, except where it is to be located in an officially mapped area of severe geologic hazard. 2. New gardening or landscaping. 3. Filling of earth into previously excavated land with material compatible with the natural features of the site. 4. Minor temporary uses of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees or firecracker sale stands. 5. House moving permits to move a building out of the City. 6. Architectural Design Review Approvals. 7. Weed abatement under Chapter 8.80 of the Municipal Code. 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.) including permits issued to private persons under Chapter 12.16 of the Municipal Code. 11. Use street permits under Chapter 12.20 of the Municipal Code. Class 5: Alterations in Land Use'Limitations. Discretionary projects, consisting of minor alterations in land use limitations, except zoning, including, but not limited to: 1. Lot line adjustments. 2. Minor modification of zoning development standards. 14. 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 dis- turbance to an environmental 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: Natural Resources. Regulatory Actions For Protection of Actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, or enhancement of a natural resource, including, but not limited to wildlife preservation. Class 8: Regulatory Actions for Protection of the Environment. Actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment. 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. 15. Y Class 10: Loans. Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. Class 11: Accessory Structures. Discretionary projects, consisting of construction, or placement of minor structures accessory to (appurtenant to). existing commercial, industrial, or institutional facilities, including but not limited to: 1. 2. On-premise signs. Small parking tots. Class 12: Surplus Government Property Sales. Sales of surplus government property, except for parcels of land. B~. _ExCeptiOn by Location Class 3, 4, 5, and 11 are qualified by consider- ations of where the project is to be located. A project that is ordinarily insignificant in its impact on the environment, may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact an environmental resource, or hazard of 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 cumulativelimpact of successive projects of the same type, in the same place, over time is significant. VI PRELIMINARY ENVIRONMENTAL ASSESSMENT (a) Determine Whether Activity is Exempt. The responsible City official shall first evaluate or assess the proposed activity to ascertain whether it is categorically 16. 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 exemptions, 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 substantial adverse effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an EoI.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 DETERMING SIGNIFICANT EFFECT (GUIDELINES) (a) In~ent 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. 17. 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 significant 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 consideration 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 th~ 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 significant effect on the environment. (d) Matters to Consider. In addition to cost and size, the determining authority shall consider whether the project would: 1. Lead to a noticeable increase in the ambient noise level for a substantial number of people. 2. Results 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. -. -- 18. aesthetic effect. 5. Has a substantial and demonstrable negative Destroy important recreational resources. Interfere with important breeding, nesting, or feeding grounds for birds, or animals. Disturb the ecological balance of a land or water area. Involve a reasonable possibility of the contamination of, or the removal of contaminants from, water courses, water supply sources, or water treatment or distri- bution systems. 9. Be a part of a larger or long-range project. and is likely to be followed by other prgjects. 10. Result in the draining, tilling or altera- tion of an existing creek bed or streambed. '~ 1i. Involve the grading, cutting or filling of an area in excess of five acres, or which would adversely effect the scenic quality of the community or the city. 12. Involve the 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 sub- stantial effect on the need for public facilities, 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. 14. Have a substantially adverse effect on traffic patterns. - -- 19. 15. Have a substantially adverse effect on neighborhoods. 16. 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 fi'sh or wildlife species. 20. Breaches any published national, state, or local standards relating to solid waste or litter control. 21. Involve the possiblity of contaminating a public water supply system or adversely affecting the ground water. 22. Could cause substantial flooding, erosion or siltation. or concern. 23. Be subject to major geologic hazards. 24. Arouse substantial community opposition 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 q~ality of the. environment, curtail the range of the environ- ment. 20. 2. Impacts which achieve short-term, to the dis- advantage 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 environment 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 If the responsible authority determines that the project will not have a substantial adverse effect on the environment, in accordance with Paragraphs VI, VII and VIII, a'Negative Declaration shall be prepared. (a) Description of the Project. A Negative Declara- tion must include a description of the project as proposed, and a finding that the project will not have a significant effect on the environment. (b) One Page~ The Negative Declaration should not exceed one page in length. (c) Filing and Posting. The Negative Declaration shall constitute a Notice and shall be contemporaneously filed with the County Clerk of Kern County and posted on a bulletin board provided for this purpose near the 8ffice 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 filed and posted at least 10 days before the project is approved. (e) Challenge. The Negative Determination may be challenged by any officer or agency of the City or by any interested person or organization by notifying the Planning Director of such challenge in writing at any time during the 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 $50.00. (f) Jurisdiction of Planning Commission. Upon the making of a proper challenge to the Negative Determination as required by sub-paragraph (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 doc- umentary evidence or opinions on the question. The appellant 22. shall be given written notice of the meeting of the Planning Commission, at which such determination shall be made. The Planning Commission shall follow the guidelines s~t forth in these regulations in the determination as to whether the project would have a significant effect on the environment. (g) Appeal to City Council. The determination of the Planning Commission shall become final three working days after its decision unless the appellant shall within such period appeal to the City Council, which at its next regular meeting shall set the same for hearing to be held not later than its next regular meeting thereafter. Such hearing may be continued from time to time by the City Council. The Notice of Appeal shall state in detail wherein the decision of the Planning Commission is contrary to these regulations. The decision of the City Council shall be final and con~ clusive. (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 completing the Negative Declaration, the responsible authority shall file a Notice of Determination with the County Clerk of Kern County. The Notice of Determination shall include the decision of the City to approve or disapprove the project, the deter- mination whether the project will have a significant effect on the environment, and whether an E.I.R. has been prepared pursuant-to the provisions of the Environmental Quality Act of 1970. 23. DECISION TO PREPARE E.I .R.--PROCESS FOR 'DRAFT E.I .R. I ') Decision to Prepare. If the responsible official or agency finds, after an initial study, that the proj.ect may have a significant effect on the environment, the responsible official must prepare or c'ause'tobe prepared an"Environmental Impact Report. ~b) 'Notice of 'Intent. A'Notice of Intent shall be prepared by the responsible officer, annouhcing that an E.I.R. will be prepared on the project. The purpose of such notice is to alert o~her 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, End po~t i~"on the Bulletin Board mentioned in Paragraph IX. "(c') Preparation of Draft E.I.R.--By Whom. (1) As the projects defined in Paragraph I, 15(a) 1 of this Resolution, the draft"E.I..R. shallbe undertaken by the Public Works Director and his 'staff or by private experts pursuant to contract with the City. (2)''I AS t'o projects defined in Paragraph I, 15(a) 2 and 3, the person or entity proposing to carry out the project shall submit a draft E.I.R. containing the information required by Paragraph XI, for review and consideration by the Planning Director and his staff, who shall analyze the draft E.I.R. to verify its accuracy and objectivity. In all instances the City may require additional information and data from the person or entity proposing to carry out the project as may be deemed necessary or desirable for amendment and completion of the draft E.I.R. (3) The content of any EoI.R. is described in Paragraph XI of this Resolution. Each element of an E.I.R. required must be covered and these elements should be separated into distinct sections. (4) After completing a draft E.I.R. consisting of the information specified in Paragraph XI, Sections 15141, 15142, and 15143of the State Guidelines, the responsible official must consult with, and obtain the comments, if any, of any public agency which has jurisdiction by laws with respect to the project and may consult with any person who has special expertise with respect to any environmental impact involved. (d) 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 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 EoI.R. are available for review. '_ ........ Said Notice of Completion shall also be'pos'te'd On" the BUlletin Board referred to above. 25. (e) Review of Draft E.I.R. by other Public Agencies and Persons with Special Expertise. (1) Upon the filing and posting of a Notice of Completion, the responsible authority shall submit copies of the draft E.I.R. for review and cormnent to all public agencies having jurisdiction by law over the proposed project. The identity of those public agencies having jurisdiction by law over the project shall be determined on a case-by-case basis predicated upon the nature and location of the proposed project. (2) Copies of the draft E.I.R. may also be sub- mitted to public agencies, organizations or persons with special expertise whose comments relative to the draft E.I.R. would be de s irab le. (f) Time for Review. At the time copies of the draft E.I.R. are submitted for review pursuant to sub-paragraph (&), the responsible authority shall establish a time period so as to permit adequate review ofa-nd comment on the draft E.I.R. by such public agencies, organizations or persons. Such period of time shall be based upon the size and scope of the proposed project; however, in no event shall the review period be less than 21 days. Planning activities related to the project should continue. (g) Failure to Comment--Evaluation of Comments. In the event a public agency, organization or person whose comments on a draft E.I.R. are solicited fails to core~,ent within the time period established pursuant to sub-paragraph (f) above, it shall be pre- sumed that such agency, organization or person has no comment to make. (h) Availability of the Draft E.I.R. for Review. Following the filing of the Notice of Completion as required by sub-paragraph (d) above, copies of the draft E.I.R. shall be made available at the 26. Planning Director's office 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 reproducing it. (i) The draft E.I.R. shall be used as the outline for discussion at any public hearings or meetings for projects defined under Paragraph I, 15(a) 2 and 3, notice of public hearing shall be given in the same form and time as notice for other regularly con- ducted public hearings and such hearings will be held in conjunction with and as a part of the normal planning. activities. For applications which are normally decided or first heard by the Planning Commission (for example: rezonings, tentative maps for subdivisions) the Commission shall consider the environmental impact reports along with all other evidence pertaining to the application. For applications which are normally decided or first heard by the Board of Zoning Adjustment (for example: conditional use~permits) such Board shall consider such reports along with other evidence pertaining to the application. For projects defined under Paragraph I, 15(a) 1, (public projects) depending upon the nature and location of a proposed project, the Public Works Director, with the approval of the City Manager, may decide or the City Council may require, a public hearing before the Planning Commission on the environmental impact thereof. In such event the public hearing shall be conducted subsequent to the filing and posting of the Notice of Completion, but in no event sooner than 21 days thereafter. For such projects not requiring a public hearing, such draft E.I.R. shall be heard, upon request of the Public Works Director, at a regular or special meeting of-the Planning Commission as an agenda items. (j) Focus of Review. Reviewers should focus on the sufficiency of the E.I.R. in discussing possible impacts upon the 27. environment, ways in which adverse effects might be minimized, and alternatives to the project, in light of the intent of the Environmental Quality Act of 1970 to provide decision- makers with useful information about such factors. XI THE FINAL ENVIRONMENTAL IMPACT REPORT (A) General Contents. The responsible official shall finally prepare the E.I.R. The contents of a final E.I.R. are specified in this paragraph and in Article 9 of the "Guidelines for Implementation of the California Environmental Quality Act of 1970." (B) Specific Contents of E.I.R. Required. Environ- mental 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 proposed project shall be shown on a detailed map, preferably topographic. The location of the project shall also appear on an appropriate vicinity or-city map. (2) A statement of the objectives sought by the sponsor of the proposed project in terms of the goods and services and other bendfits produced for the public. (3) A general description of the,project's technical, economic, and environmental characteristics, considering the principal engineering proposals. 28. (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 e~phasis 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. (1) The Environmental Impact of the Proposed Action: Describe the direct and indirect impacts of the project on the environment, giving due consideration to both the short-term and long~term effects. It should include specifics of the area, the resources involved, physical changes, alterations to ecological systems and changes induced in population distribution, 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 29. an insignificant level, but not eliminated. Where there are impacts that cannot be alleviated without imposing an alter- native design, their implications and the reasons why the project is being proposed, not withstanding 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 project, which could feasibly attain the basic objectives of the project, and why they were rejected in favor of the ultimate choice. The specific alternative of "no project" must also always be evaluated, along with the impact. Attention should be paid to alternatives 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- Term Uses of Manes Environment and the Maintenance and Enhance- ment of Long-Term Productivity: Describe the cumulative and long-term effects of the proposed project which adversely 30. 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 reserving 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 non use 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 commitments 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 treat- ment plant might, for example, allow for more construction in the service areas). Increases in the population may further tax existing community service facilities ~8'd6nsider- ation must be given to this impact. Also discuss characteristics 31. 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 identify 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 (~uality Aspects. With respect to water quality aspects of the proposed project, which have been previously certified by the appropriate state or inter- state organization as being in substantial compliance with applicable water quality standards, reference to the certifica- tion 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 containing a statement of the comments received through the consultation process, either verbatim or in summary, 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 EoI.R. The response shall describe the disposition of significant environmental issues raised (e.g., re~i~ions 32. to the proposed project to mitigate anticipated 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 in detail 'giving reasons why specific comments and suggestions were not accepted, ~ factor of overriding importance warranting an override of the suggestions. XII ADOPTION OF FINAL E.I.R.--APPROVAL OR DISAPPROVAL OF THE PROJECT (a) Adoption of Final E.I.R. Following the meetings or hearings on the draft E.I.R. and preparation of the final Environmental Impact Report (which may, if appropriate, be accomplished at such meeting or hearing or at a subsequent meeting) the final E.I.R. shall be presented to the decision making body (Planning Commission, Board of Zoning Adjustment or City Council). The decision-making body shall adopt the Final E.I.R. and consider the contents thereof when it makes a decision on the project. (b) Notice of Determination. After making a decision on the project, the responsible authority shall file a Notice of Action taken on the project. This notice shall be referred to as a Notice of Determination. 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) whether an E.I.R. has been prepared ..~pursuant tp. the provisions of the Environmental Quality Act of 1970. 33. (c) FilinR and Posting of Notice of Determination. The Notice of Determination shall be filed with the 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 Significant Effect. An action or proceeding alleging that the City is carrying out or has approved a project, which may have a significant effect on the environment without having determined whether the project may have a significant 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 under- taken without a formal decision by the City, such action or proceeding must be commenced within 180 days after the commencement 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 grounds of noncompliance with the Environmental Quality Act 34. of 1970 shall be in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure. In any such action, the court shall not exercise its independent judgment on the 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 sub-paragraph (d) above, to attack, review, set aside, void or annul a determination or decision of the City on the grounds of non compliance with the provisions of the Environ- mental Quality Act of 1930, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the City has not proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence. (f) Non-Applicability 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, 15(a) 2 and 3 until April 5, 1973. IVX EXHIBITS (a) Exhibit A is the Preliminary Environmental Determination. (b) Exhibit B is the Environmental Impact Assessment. (c) Exhibit C is the Notice of Determination. (d) Exhibit D is the Notice of Completion. 35. XV FEES (a) Preliminary Environmental Assessment. There shall be no fee for a preliminary environmental assessment; provided, how- ever, 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) Challenge of Negative Declaration. The fee for making and presenting the challenge to the negative declaration shall be $50. (d) Environmental Impact Report. The fee for the prepara- tion 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 pre- sented to the city by such sponsor. (e) Excess Costs. Where the estimated cost to the city to be incurred in preparing the enviornmental 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 dispute arises over the amount of such fee, the City Council 'shall decide, which decision is final. (f) 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. 36. XVI EFFECTIVE DATE These regulations shall be effective on and after April 5, 1973. ooo 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 2nd day of April, 1973, by the following vote: AYES: COUNCILMEN BLEECKER, HEISEY, MEDDERS, REES, RUCKER, TNOMAS, WHITTEMORE ~BsENT COUNC,LMEN: "~/')O""-'~ ABSTAINING COUNCILMEN: ~ ~ _ CITY CLERK ~ f the Council of the City of Bakersfield APPROVED thi_s. Ti,2 d:, day of April, 1973 '~xovp:u tnl_s,._,.~ Bakers fie ld APPROVED: CTTY ATTORNEY ./ 37. EXHIBIT A City of Bakersfield PRELIMINARY ENVIRONMENTAL DETERMINATION Name of Project: Location: Entity or Person Undertakin~ 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, 15(a). ~ 2. The project is a Ministerial Project under Paragraph I, 10 and Paragraph IV. ~ 3. The project is an Emergency Project under Paragraph I, 4 and Paragraph III. ~ 4. The project is categorically exempt under Paragraph I, 2 and Paragraph V. · Applicable Exemption Class: ~ 5. The project is exempt under Paragraph II(c) o ~ 6. The project involves another public agency which constitutes the lead agency. Name of lead agency: Date: Responsible Authority EXHIBIT B City of Bakersfield ENVIRONMENTAL IMPACT ASSESSMENT Name of Project: Location: Entity or Person Undertaking the Project: 1. '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. 23-73 for the purpose of ascertaining whether the proposed project might have a significant effect on the environment, has reached the following conclusion: The project would not have a significant effect on the environment; therefore a negative declaration should be prepared which should not be more than one page. The project could have a significant effect on the environment; therefore, an environmental impact report will be required. This document may constitute the Notice of Intent provided for in Paragraph X b of Resolution No. . DATE: Responsible Authority EXHIBIT C City of Bakersfield NOTICE OF DETERMINATION Responsible Agency Project Title Address: Street number City County Zip Contact Person Area Code Phone Ext. The (Planning Commission, Board of Zoning Adjustment or City , on , 197 , took the following action con- Council) cerning the above project: 1. Determined to (approve) (disapprove) the project; and 2. Determined that the project (will) (will not) have a significant effect of the environment. 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 EXHIB IT D City of Bakersfield NOTICE OF COMPLETION Responsible Agency Divis ion Project Title Address City County Zip Contact Person Area Code Phone Ext. PROJECT DESCRIPTION OF NATURE, PURPOSE, AND BENEFICIARIES Project Location City Project Location County Time Period Provided for Review Address Where Copy of Draft EIR is Available