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HomeMy WebLinkAboutRES NO 016-02RESOLUTION NO. 0'1 6 ' 0 S A RESOLUTION APPROVING AND ADOPTING AMENDED FEES RELATIVE TO CHAPTER 15.78 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN MITIGATION PROGRAM. WHEREAS, the requirements of Section 66000 et. seq., of the California Government Code have been satisfied; and WHEREAS, the City Council, at a regularly scheduled meeting of the City Council held August 25, 1993, adopted various resolutions and ordinances relating to the adoption and implementation of the Metropolitan Bakersfield Habitat Conservation Plan; and WHEREAS, on January 23, 2002, the City Council held a public hearing for receiving testimony on the proposed amendment to fees; and WHEREAS, all required notices have been given; and WHEREAS, the proposed amendment is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guideline Section 15061 (b)(3), general rule; and WHEREAS, the City Council, at a regularly scheduled meeting of the City Council held January 23, 2002, and upon the information presented at such meeting, expressly determines and finds that the fees set forth below, for the mitigation of impacts on Federally and State protected species due to development within the City of Bakersfield, do not exceed the estimated reasonable cost of such mitigation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the following fees are established: A) The Habitat Mitigation Fee referred to in Section 15.78.040 of the Bakersfield Municipal Code is hereby established to be One Thousand Two Hundred Forty Dollars ($1,240.00) per gross acre. B) The amount of the Habitat Mitigation Fee referred to in Section 15.78.060(E) of the Bakersfield Municipal Code attributable to the cost of fencing the habitat management lands and the administrative costs attributable to the Metropolitan Bakersfield Habitat Conservation Plan Program, which shall be paid by those transferring lands in-lieu of payment of the land acquisition portion of the Habitat Mitigation Fee, shall be Five Hundred Twenty-nine Dollars ($529.00) per gross acre. This fee is expressed in 1994 dollar values and shall be adjusted automatically for inflation pursuant to Section 2.3 of the Metropolitan Bakersfield Habitat Conservation Plan Implementation/Management Agreement. Such fees am hereby approved and adopted effective sixty (60) days from adoption of this resolution. ......... 000 ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on j.~.~ ~$ ?~ , by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBER I''~r~-~4'''jZ - ABSENT: COUNCILMEMBER Ix~YCo~'x~ COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ¢,3~ x~L~ CITY CLERK an~Clerk of the Council of the City of Bakersfield APPROVED 3~1 23 20~ HARVEY L. HALL ~" /' MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attom~ JM:jeng December 19, 2001 S:~lCP~amendments\cc-Res adopt fee .wpd