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Home My WebLink AboutORD NO 4907ORDINANCE NO 4907 ORDINANCE AMENDING SECTION 15.78.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN MITIGATION PROGRAM DEFINITIONS BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.78.010 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 15.78 METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN (MBHCP) MITIGATION PROGRAM 15.78.010 Definitions. As used in this chapter, the following words and phrases are defined as follows: A. "Accessory building" or "accessory structure" means a building or structure detached from a principal building on the some lot and customarily incidental and subordinate to the principal building or use. B. "Fee assessment area" means the land within the Metropolitan Bakersfield Habitat Conservation Plan study area boundary. C. "Grading" means any excavation or filling or combination, including rough grading thereof as described in the most currently adopted California Building Code adopted as Bakersfield Municipal Code Chapter 15, Buildings and Construction Code. Grading is differentiated from seasonal superficial weed control activities. D. "Habitat conservation plan (HCP(" means a plan prepared pursuant to the provisions of 16 U.S.C. Section 1539. E. "Habitat management lands" means a parcel of land or an aggregation of parcels of land protected from future urban development or other disturbance, and managed as a unit 'for the conservation and protection of species covered by the MBHCP. p``gAKF,fld% > m — Page I of 4 Pages — 6 oFtIQINAI. F. "Habitat mitigation fee (H.M.F.)" means fees established by uncodified ordinance to be paid by urban development permittees to fund the implementation trust activities including, but not limited to, the cost of land acquisition, land endowment, habitat management land improvement, public facilities mitigation, and administration of the HCP program. G. "Implementation trust" means that body established pursuant to a joint powers agreement (JPA) between the city and the county for the purpose of carrying out the provisions of the MBHCP. H. "Incidental take permit' means the California Endangered Species Act incidental take permit (ITP) issued by the California Department of Fish and Wildlife pursuant to Fish and Game Code section 2081, subdivisions (b) and (c), and California Code of Regulations, Title 14, sections 783 et seq. I. "Known den" means a verified den site reflecting a documented history of use, either from actual observations of kit fox or from recent evidence of use, and plotted on a map maintained by the implementation trust. J. "Natural land" means undeveloped land which has not been significantly altered by human activity. Natural land generally includes open brush land /woodland, dense brushland /woodland, scrubland, riparian areas, wetlands, ephemeral flooded land, bare ground, sand dunes, rock outcroppings, grasslands, grasslands subject to grazing, and non -crop agricultural land which has retained natural contours or has reverted back to natural vegetation. Natural land does not include former agricultural land which has been leveled or graded to facilitate irrigation or production activities, and land which has been out of production for less than five consecutive years. K. "Oilfield development' means application and development for the purpose of petroleum extraction or enhancement of petroleum extraction. L. "Open land" includes natural land and land which has been significantly altered by agricultural or industrial use, but which has not been substantially developed for urban uses. M. "2081 permit' means a permit issued under the California Endangered Species Act (Fish and Game Code Sections 2050 - 2098). N. "Undeveloped" means land not previously occupied by a building or used for a purpose subject to H.M.F. or land for which a permit was not issued prior to the effective date of the ordinance codified in this chapter. O. "Urban development' means a change in land use from open land to any other land use for which a permit such as a grading permit, grading plan approval, building permit or use permit is required from the city, including, but 0AK,9 T — Page 2 of 4 Pages U O ORIGINAL not limited to, covered activities listed in the ITP. Activities not included are also listed in the ITP. P. "Urban development permit" means issuance of a building permit by the city for a project that would result in urban development as defined in the implementation agreement for l0a(1)(B) and 2081 permits. Where a project would ultimately result in urban development, the term urban development permit also means issuance of a use permit or grading plan approval, or approval of activities undertaken by a public agency, including, but not limited to, public works construction and related activities, if applicable, by the city. Q. "Urban development permittee" means landowners and other private parties that are grading, building, or conducting other development activities within the permit area as approved by the city. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. >- m -- Page 3 of 4 Pages — v o OPIOINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 2 8 2817 1 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH,iREErorRfJ, SULLIVAN, EARLIER COUNCILMEMBER: NOf&- ABST COUNCILMEMBER: It "L ✓� ABSENT' COUNCILMEMBER' NO(�Q APPROVED: JUN 2 8 2817 By. KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: V'z— v� RICHARD IGER Deputy City Attorney RI:Isc S\ClotiCIL\ptl1\16nvs.7801W6ICPa Fn1I- CHRISTOP R GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield o�gpKF9`PT r m -- Page 4 of 4 Pages -- oAioINA4 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) CHRISTOPHER G,ERRY, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 3rd day of July. 2017 he posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4907 passed by the Bakersfield City Council at a meeting held on the 28th day of June. 2017 and entitled: ORDINANCE AMENDING SECTION 15.78.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN MITIGATION PROGRAM DEFINITIONS Acting City Clerk and Ex Officio of the Council of the City of Bakersfield By: P_n Qs✓�i- DEPr City Clerk S'. \DOCUMENT ORMSWORORD.pd o``e AKE9N T m J p 4RIQINAL