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
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