Rincon Consultants, Inc.
4589 N Marty Ave., Suite 102
Fresno, California 93722
559-228-9925
www. rinc o nco ns ul tan ts.co m
March 16, 2026
Project No: 21-11036
Roque Nino, Principal Planner
City of Bakersfield
Planning Division
1715 Chester Avenue
Bakersfield, California 93301
Via email: [email protected]
Subject: CEQA Exemption Memorandum for Bakersfield 2023-2031 Housing Element Update City of Bakersfield, Kern County, California
Dear Mr. Nino:
This memorandum provides an analysis to support the determination by the City of Bakersfield (the lead agency) that the proposed Bakersfield 2023-2031 Housing Element Update are exempt from the California Environmental Quality Act (CEQA ) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) (“general rule” or “common sense”) and of Title 14, Article 18, 15620 of the California Code of Regulations (statutory). The proposed project falls within the sphere of the general rule or common sense rule, that CEQA applies only to development which have the potential for causing a significant effect on the environment , where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the project is not subject to CEQA.
Project Background
As part of the 6 th Cycle Housing Element update, cities are required to identify housing sites that provide the development capacity to accommodate build out of the City’s Regional Housing Needs Allocation (RHNA) at all income levels. To accommodate the City’s RHNA need for all income levels, future housing development would occur through a variety of methods, including development on vacant parcels, infill development in existing residential and commercial areas, and development of accessory dwelling units (ADU). Housing elements are also required to consider ways to promote access to housing that is attainable for residents at all income levels, beyond focusing solely on opportunities for production of new units.
The proposed project, herein referred to as the “proposed project,” would amend the Metropolitan Bakersfield General Plan replacing the current Housing Element with the proposed 2023 -2031 Housing Element. The proposed Housing Element establishes programs, policies, and actions to further the goal of meeting the existing and projected housing needs of all income levels of households in the Bakersfield community and provides evidence of the City’s ability to accommodate the RHNA through the year 2031, as established by the Kern Council of Governments (Kern COG).
Exemption Analysis
In order to determine if the proposed project is exempt, we reviewed potential CEQA exemptions that may apply to the proposed project. The following analysis reviews if the proposed project can be considered categorically exempt.
City of Bakersfield
CEQA Exemption Memorandum for the 2023-2031 Housing Element 2 Categorical Exemption
Pursuant to CEQA Guidelines Section 15354, “Categorical Exemption” means an exemption from 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.
CEQA Guidelines Sections 15300.2(a) through (f) list specific exceptions for which a CE may not be used. These exceptions are as follows:
a. Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration 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 class es are considered to apply in all instances, except where the project may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
The proposed project involves adoption of a policy document and does not in and of itself include any proposed development. As such, the proposed project would not impact an environmental resource of hazardous or critical concern . Therefore, the proposed project does not trigger these exemption exceptions.
b. Cumulative Impact. 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.
The proposed project involves adoption of a policy document and does not in and of itself include any proposed development. Because the proposed project does not involve or approve physical development, the proposed project would not result in impacts that are cumulatively considerable. In addition, through the City’s development review process, future development projects would be evaluated for potential cumulative impacts and for consistency with all applicable policies of the City’s General Plan, Zoning Ordinance, and City Code. Through this development review process, potential cumulative impacts to various natural and human -made resources would be evaluated. Therefore, implementation of the proposed project would not contribute to significant cumulative impacts, the proposed project does not trigger these exemption exceptions. c. Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
Due to the absence of unusual circumstances related to the project or on the project site, the project would not have a reasonable possibility for a significant effect on the environment due to unusual circumstances and this exception does not apply.
d. Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scen ic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.
According to the California Department of Transportation (2023), there are no State designated scenic highway sections within or near the city of Bakersfield. The nearest designated Scenic Highway is Route 190 near Lone Pine, approximately 160 miles northeast of the project site. The nearest eligible scenic highway is Route 58 located near Mojave, approximately 59 miles east of the project site. The proposed project does not trigger these exemption exceptions.
City of Bakersfield
CEQA Exemption Memorandum for the 2023-2031 Housing Element 3 e. Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
The proposed project involves adoption of a policy document and does not in and of itself include any proposed development. The proposed project does not propose specific development projects, but facilitates density needed to accommodate the 6 th cycle RHNA. Because specific projects are not known at this time, the City cannot assess the specific impacts of development in qualitative terms.
All housing development proposals will be subject to the State and local regulations regarding the treatment of hazardous materials, and project-specific environmental review. Furthermore, proposals are subject to development standards and conditions of approval as part of the permitting process, including environmental review. The proposed project does not trigger this exemption. f. Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
The proposed project involves adoption of a policy document and does not in and of itself include any proposed development. The proposed project does not propose specific development projects, but facilitates density needed to accommodate the 6 th cycle RHNA. Because specific projects are not known at this time, the City cannot assess the specific impacts of development in qualitative terms.
All housing development proposals will be subject to the policies listed in the Metropolitan Bakersfield General Plan, and project -specific environmental review. Furthermore, proposals are subject to development standards and conditions of approval as part of the permitting process, including environmental review. The proposed project does not trigger this exemption.
Common Sense Applicability
Pursuant to CEQA Guidelines Section 15061(b)(3), also known as the “general rule” or “common sense” exemption, CEQA exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The CEQA Guidelines state in that section that “A project is exempt from CEQA if… [T]he activity is covered by common sense that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Whether a particular activity qualifies for the common sense exemption is a question of fact that is supported by substantial evidence submitted in connection with the project. (CREED-21 v. City of San Diego (2015) 234 Cal.App.4 th 488, 510). The analysis must identify reasonably foreseeable physical changes and consider any environmental impacts that may result from those changes. (Wal–Mart Stores, Inc. v. City of Turlock (2006) 138 Cal.App.4th 273, 291 ; Muzzy Ranch Co. v. Solano County Airport Land Use Com. (2007) 41 Cal.4th 372, 386).
The proposed project involves adoption of a policy document and does not in and of itself include any proposed development. The proposed project does not propose or approve any physical development.
The proposed project is analyzed in the attached Initial Study and is not anticipated to result in any new changes to the physical environment.
The proposed project will not result in changes to the physical environment, nor will it result in potential environmental impacts. Furthermore, to ensure adequate factual support for the common sense exemption, an Initial Study has been completed analyzing each area of potential impact. The Initial Study determined that there would be no environmental impacts that would result from approval of the proposed project. As such, as shown in Attachment 1, Initial Study, the proposed project meets the criteria for the common sense exemption as identified above.
City of Bakersfield
CEQA Exemption Memorandum for the 2023-2031 Housing Element 4 Determination
Based on this analysis documented in this memorandum, the proposed 2023-2031 Housing Element Update meet the criteria for a common sense exemption pursuant to Sections 15061(b)(3) of the CEQA Guidelines . Furthermore, exceptions to the applicability of a CE, as specified in section 15300.2(a) through (f) of the CEQA Guidelines, do not apply to the project. Therefore, it is concluded that the project is exempt from CEQA pursuant to the common sense exemption CEQA Guidelines Section 15061(b)(3)
Sincerely,
Rincon Consultants, Inc.
Kimiko Lizardi, Principal Matt Maddox, Principal
Project Manager CEQA Technical Lead
760-918-9444 916-706-1374
[email protected] [email protected] Attachments
Attachment 1 Initial Study – Common Sense Exemption