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HomeMy WebLinkAboutRES NO 76-72RESOLUTION NO. 76-72 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ESTABLISHING INTERIM GUIDE- LINES AND PROCEDURES FOR DETERMINING WHETHER A PROJECT MAY HAVE SIGNIFICANT EFFECT ON THE ENVIRONMENT AND FOR PREPARA- TION OF ENVIRONMENTAL IMPACT REPORTS, IF REQUIRED. WHEREAS, Section 21151 of the Public Resources Code (Environmental Quality Act of 1970) states, in substance, that a local governmental agency shall make an environmental impact report (hereinafter referred to as E. I. R.) on any project it intends to carry out which may have a significant effect on the environment and shall submit it to the appropriate local planning agency; and WHEREAS, the California Supreme Court on September 21, 1972, decided the case of Friends of Mammoth, et al. vs. Mono County Board of Supervisors, et al., in which it was held that the phrase "project it intends to carry out," includes not only matters directly under- taken by government agencies, but private activities for which a permit, lease or other entitlement is necessary; and WHEREAS, it is necessary in order to comply with the Environmental Quality Act as interpreted by the court in the Mammoth case, to establish an interim.procedure for determining whether a project may have a significant environmental effect and for preparation of an E. I. R. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the following Interim Guidelines and Procedures for determining whether a project that the City of Bakersfield intends to carry out may have a significant effect on the environment and for preparation of an E. I. R., if required, are hereby adopted, as follows: INTERIM GUIDELINES AND PROCEDURES FOR DETERMINING WHETHER PROJECTS CITY OF BAKERSFIELD INTENDS TO CARRY OUT MAY HAVE SIGNIFICANT EFFECT ON ENVIRON- MENT AND FOR PREPARATION OF E. I. R., IF REQUIRED. SECTION 1. No Approval of Pro~ects Until Environmental Impact Report Made (a) Except for those which are herein declared to be exempt, no projects directly undertaken by the City, and no private pro- jects requiring a city lease, permit, license, certificate, or other entitlement for use, shall be finally approved or issued, if the proposed project may have a significant effect on the environment, until an E. I. R. has been made, filed, and adopted as a public record under the requirements of this Resolution. SECTION 2. Exemptions It is hereby declared that the following projects have no significant effect on the environment and shall be granted exemption from requirement for the E. I. R. by the City: (a) Projects involving maintenance and operational work only. (b) Construction of single-family residential structures in residential zones. (c) Projects necessary to protect lives or public facilities during a city-declared emergency or because of a natural disaster. (d) Projects involving minor improvements, repairs or altera- tions to existing facilities which do not alter the physical or social character of the area. (e) Projects subject to a previous city action or approval, provided an E. I. R. was submitted and approved and the project is in substantial conformance with the original approved plans· (f) Minor zoning modifications. (g) Home occupation permits. SECTION 3. E. I. R. Not Required If Project Determinded Not To Have Significant Effect on Environment (a) If, on the basis of an initial study, the responsible city official or agency finds and determines that a proposed project will not havela significant effect upon the environment and executes and files a declaration to this effect, the E. I. R., prescribed by this Resolution, shall not be required. (b) Whenever it is so determined, a Notice of this determina- tion shall be filed with the Planning Commission, in the Office of the Planning Director. The Notice shall briefly describe the pro- posed project and shall indicate that a determination has been made that the project will not have a significant effect upon the environ- ment. SECTION 4. Responsible Officers or Agencies of City For Determinin~ Whether E. I. R. Required and For Preparation of E. I. R., if Required (a) For projects directly undertaken by the City involving construction of public improvements, the Public Works Director, and for. private projects requiring entitlement for use, the Planning Director shall be primarily responsible for the initial determination as to whether such proposals may have a significant effect on the environment. (b) In making such initial determination, such city officials are required to consider all of the factors set forth in Section 6 of this Resolution. (c) If such initial determination is that the proposed project may have a significant effect on the environment, the officials mentioned above in this section, shall be primarily responsible for the making and filing of an E. I. R. on such proposed project. (d) For private projects requiring only a building permit, it shall be the responsibility of the Building Director to deter- mine whether such project is exempt under the provisions of Section 2. If such project is exempt, the Building Director may issue the building permit forthwith. If such project is not exempt, the Build- ing Director shall supply the Planning Director with all plans, data and information relating to such project necessary for the deter- mination by the Planning Director as to whether such project may have a significant effect on the environment. (e) If any department, officer, or agency of the City is required to issue or approve any entitlement for use for any pro- ject which may require an E. I. R. such project shall be referred to the appropriate officer for his initial determination as to whether such project may have a significant effect on the environ- ment. SECTION 5. FurnishinB of Information By Private Individuals (a) The City, its advisory and administrative agencies and departments, and officers thereof, may request from any person, firm or corporation seeking City approval, permit, or other entitle- ment for use for any such project or activity, any data, information or material, deemed to be needed to aid in the formulation of E. I. R. or to aid in the determination as to whether such project may have a significant effect on the environment. PLANNING DEPT, OF PROJE~T WORKS GUIDELINES FOR ASSESSMENT OF ENVIRONMENTAL IMPACT Name of applicant Address 4, 5, 6, Location of project Nature of project Purpose of project Fire number The Planning Director on private projects and Public Works Director on all public projects shall check "YES" or "NO" to all of the following questions, If any of the questions have been answered "YES"~ an explanation shall be prepared on attached sheet stating. why the proposed project will have no significant environmental effects, Yes No Writ the project significantty change present existing deVetopment of the project area? WiII the project significantty change present existing devetopment of rand outside the project area? Wilt the project affect the use oF an estabttshed recreationat area or area of important aesthetic va[ue? Will the project significantly disrupt or divide an. 'established community? Will the project resutt in the disptacement of community residents? Are any of the naturat or man-made features tn t~e project area unique, that is, not found in other parts of the county~ state~ or nation? Witt the project signtficantty affect a known histor- ical or archaetogicat-site or its setting? Guidelines for asses::3ment of environmental impact Pa~]e 2 Writ the project significantly affect the polenit, at use, .extraction, or conservation of a scarce natural resou rceo Does the pnDject area serve as a habitat, food source, nesting place, source of water, etc., for rare or en- · dange~ed wildlife or fish species? 10. Wilt the project significantly' affect fish, wildfire, or plant tile? 11. Are there any rare or endangered plant species in the project area? 12. Will the project require a variance from established -envin6nmentat standards (air, water, noise, etc.)? 13. Writ the project require certification, authorization or issuance of a permit by any local, state, or fed- enat environmental control agency? 14. - Will the project involve the application, use, or dis- posal of hazardous materials? 15. Writ the project involve construction of facilities in a flood plain? " 16. Writ the project involve construction of facilities in the area of a known active fault? (Within 1000 ft.) 17. Will the completed project result in the generation of significant amounts of dust? 18. Will the project involve the burning of brush, trees, c0nstr~ction materials, etc? 19. Wilt the project result in a significant change in the quality of any portion of the negion's air or water resources? (Should note surface, ground water, off- shone). Yes No ' G~j[~'eltnes for assess;'~en~envtronmeFfcal Page 3 i r:npact ' Statement of No significant Environmental Effects: If you have answered YES to one or more of the questions, but still think the pro- ject wtll' have no significant envtronmental effects, indicate your reasons betow. Conclusions Place a check in the appropriate box. () It has been determined that the project will not have significant environmental effects. () It has been determined that the project could have sign'tficant envtronmeHtat effects. An environmental trapact statement wilt be submitted on (approximate date). Dated: By ,19 . By Planning Director Public Works Director (b) The City, its advisory and administrative agencies and departments and officers thereof, may withhold from any person, firm or corporation, City approval, permit or entitlement, until the request for such data, information or material is fully complied with. SECTION 6. Environmental Evaluation of Projects Before Approval or Entitlement: Negative Declaration (a) All projects, except those specifically exempt, shall be subject to an initial study by the responsible city official, for the purpose of determining whether or not the project may have a significant effect on the environment. (b) In the study, assessment and evaluation of the project for such purpose, the responsible city official shall follow the standards and guidelines set forth in the "Guidelines for Assessment of Environmental Impact," which is as follows: SECTION 7. Posting of Negative Determinations (a) Subsequent to the study, assessment and evaluation of the project and the making of a negative determination as to its effect on the environment, such determination, in written form, shall con- stitute the Notice referred to in Section 3. (b) Such Notice of Negative Determination shall be posted on a bulletin board provided for this purpose near the office of the Planning Department in the City Hall. 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. (c) No approval or issuance of entitlement shall be accomplished until such Notice of negative determination shall have been posted for a period of three working days. SECTION 8. Appeal and Review of Negative Determination (a) 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 period of required posting of the negative determination. Such written challenge shall contain reasons why the project may have a significant effect on the environment. (b) Upon the making of a challenge to the negative determination as required by subsection (a) jurisdiction for determining whether the subject project may have a significant effect on the environment~ is transferred to the CityPlanning .Commission,. Such-determination shall be made by the Planning Commission at its next regular meeting or at any meeting called for that purpose, Any interested person shall have the privilege of presenting oral or documentary evidence or opinions on the question. Such Planning Commission shall follow the guidelines set forth in Section 6, in the determination as to whether the project may have a significant effect on the environ- ment. (c) The determination of the Planning Commission shall become final three working days after its decision unless the person who filed the challenge 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. The decision of the City Council shall be final and conclu- sive. (d) Notwithstanding any provision herein to the contrary, challenges or appeals shall not be heard if the city official responsible under this Resolution determines to prepare and file an E. I. R. on the subject project. SECTION 9. Notice of Intent of Preparation of Draft E. I. R. (a) When the initial study on a project indicates a signi- ficant effect could occur, a Notice of Intent shall be prepared by the responsible officer, announcing that an E. I. R. will be pre- pared on the project. The purpose of such Notice of Intent is to alert other agencies and the general public that the project in question is contemplated or being planned so that comments may be forthcoming which may be included in the E. I. R. Such Notice of Intent shall include thelocation, description and purppse of the project. (b) The responsible officer shall-file such Notice of-'Intent with the Planning Coumxission, at the office of the Planning Director and post it on the Bulletin Bc~rd mentioned in Section 7. SECTION 10. Preparation of Draft E. I. R. (a) The responsible official shall prepare an E. I. R. as soon as practicable after posting of the Noti6e of Intent. (b) The draft or preliminary E. I. R. shall meet the follow- ing minimum requirements: (1) Include a detailed statement setting forth the follow- ing: A. Environmental Impact (Beneficial and adverse) of the Proposed Project. B. Any adverse Environmental Effects which cannot be avoided if the proposal is implemented. C. Mitigation Measures proposed to minimize the impact. D. Alternatives to the proposed action. E. The relationship between local short-termuses of man's environment and the maintenance and enhancement of long- term productivity. F. Any irreversible environmental changes which would be involved in the proposed action should it be implemented. (2) Identify all persons, firms and agencies who authored and assisted in the authorship of the E. I. R. and all agencies and individuals who were consulted in preparing the E. I. R. (3) State the known views of local groupsor persons to the proposed project and identify all known opposition groups or persons and their views. (4) Describe the project and state the name of the applicant and/or developer and supply the following information: Location of the project, existing zoning and use of the property; proposed zoning and use of the project area, whether project con- forms to the general plan and urban development policy; objectives of the project and project characteristics; description of the project area as it exists before development. (5) A discussion and evaluation of all comments or views on the project made known' to the responsible officer after posting of the Notice of Intent and before the draft E. I. R. is filed with the Planning Commission. SECTION 11. Draft E. I. R. Placed on Plannin~ Commission A~enda For Consideration; Notice (a) Upon completion of a draft E. I. R. and filing of same with the Planning Commission, the Planning Director shall place the matter on the next agenda for a regular meeting or adjourned regular meeting of such Commission for consideration. (b) Notice of such intended consideration of the draft E. I. R. shall be sufficient upon the Placing of such item on the agenda and mailing such agenda to all persons or organizations which have requested such Notice in writing. (c) Any interested person may orally comment' upon the draft E. I. R. or present written comments thereon or present any data, information, materials or opinions thereon at the meeting of the Planning Commission at which such report is considered. (d) The public consideration of the report may be consolidated with any other hearing applicable to the project, in the discretion of the Planning Commission. (a) the Planning Commission may require amendment. SECTION 12. Final' E.I.R. . Following the public consideration of the draft E. I. R. Such amendments shall summarize the comments and suggestions made by reviewing organi- zations or interested persons and shall describe the disposition of issues brought out at the public consideration. Reviewers' state- ments should be set forth in a Coff~fLent and discussed in a Response. In addition, the source of all comments should be identified. Such amendments will be attached to the draft E. I. R. before the E. I. R. is submitted for action to proceed'with the proposed project. (b) The Planning Commission may require statements it may formulate to be included in the draft E. I. R. or may require further study where it appears further study is necessary. (c) Following the public consideration of the draft E. I. R. and incorporation therein of any amendments thereto, if so ordered, including-statements formulated by the. CoLm~ission, the completed document may be considered an E. I. R. which has been made and filed as a public record under the requirement of Section 1 of this Resolution, and may be so designated. (d) The Planning Co~Lm~ission shall determine whether such E. I. R. is a full and complete report on the environmental effect of the project. Upon such determination, such E. I. R. shall be adopted as a public record. (e) Such E. I. R. shall become final after five (5) days unless it is appealed in accordance with Section 13; however, an E. I. R. on any project which is before the City Council for action may be amended by the City Council prior to final approval of such project, by addition of any comments or statements furnished or made which bear upon the matter of theimpact of the project on the environment. 10. SECTION 13. Appeal From Adoption of E. I. R. (a) After the Planning Commission has adopted the E. I. R. as a public record, there shall be no action or approval by the City or any of its agencies or officers, on the proposed project, for a period of five (5)'days.. (b) If any government agency, person or organization is dissatis- fied with the action of the Planning Commission, such agency, person or organization may appeal therefrom to the City Council within ten days after the making of the decision of the Planning Commission. (c) The appeal shall be taken by filing a notice of appeal with the Planning Director. Upon the filing of a notice of appeal the Planning Director shall forthwith transmit to the City Clerk, the E. I. R. and all other papers and documents on file concerning the project and place the matter on the City Council agenda of a meeting held within thirty days from the date of the Planning Commission decision. (d) The City Council shall consider the E. I. R. and the effect of the project on the environment and any papers and documents and presentation of the applicant, the sponsor of the project and the City officers, and may modify, approve, or disapprove the E. I. R. as an adopted public record or remand it back to the Planning Commission with directions. (e) The decision of the City Council shall be final and conclusive. SECTION 14. Decision on Project (a) The City or its agencies or officers shall not grant any approvals, permits or other entitlement for use, until the responsible officers have studied the E. I. R. on the project. (b) The ultimate decision to proceed with the project, viz. grant 11. approval, permit or other entitlement for use applicable to the project, by the City or its agencies or employees, shall be made by the body or officer charged by law to make such decision. o0o- - - 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 13th day of November, 1972, by the following vote: AYES: COUNCILMEN BL:L~Z-~k~R, HEISEY, MEDDERS, REES, RUCKER, T~, WHITTEMORE NOES: COUNCILMEN: _ ABSTAINING COUNCILMEN: ~E~R~ d ' erk o 1 f the Council of the City of Bakersfield APP~VED tii of November, 1972 ]i,t~,' of Bakersfield APPROVED: ' CITY AT~O