HomeMy WebLinkAboutORD NO 3122 ORDINANCE NO. 3122
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING CHAPTER 15.76 TO
TITLE 15 OF THE BAKERSFIELD MUNICIPAL CODE
RELATED TO MITIGATION FOR DEVELOPMENT IMPACTS
ON ENDANGERED SPECIES.
WHEREAS, it has been determined that federally listed
endangered animal and plant species exist within and adjacent to
the City of Bakersfield in areas proposed for urbanization;
and
WHEREAS, the United State Department of the Interior
Fish and Wildlife Service (U.S.F.&W.S.), administering the
Endangered Species Act (E.S.A.), has determined that no "taking"
of an endangered species shall be allowed unless compensation for
habitat loss and individual species impacts is provided;
and
WHEREAS, the presence of endangered species and need for
protection is an area-wide issue and a Habitat Conservation Plan
(H.C.P.) is necessary to obtain a "taking" permit, under Section
10(a) of the E.S.A. from the U.S.F.&W.S. and to provide a compre-
hensive approach to the protection of endangered species while
allowing reasonable urban growth;
and
WHEREAS, the H.C.P. will require approximately two years
to complete and the U.S.F.&W.S. requires interim mitigation of
impacts by sequestering fees to be paid by development projects
during preparation of the H.C.P.
and
WHEREAS, in the absence of interim mitigation and an
H.C.P., a detailed habitat survey of each development site and
extensive, perhaps prohibitively expensive and/or impracticable,
mitigation will be required by the U.S.F.&W.S. of each developer
whose site includes habitat for the San Joaquin Kit Fox or any
other endangered or threatened animal or plant species;
and
WHEREAS, such a project-by-project review and mitigation
process would both so delay and add to the cost of development
that many projects, including those consistent with the policies
of the Bakersfield Metropolitan Area General Plan, including pro-
jects to provide affordable housing, would likely be abandoned,
severely impacting the City's economy and the welfare of its
residents;
and
is act-
WHEREAS, in enacting this ordinance, the Council
ing under the direction of the U.S.F.&W.S.,
and
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WHEREAS, the earliest possible implementation of the
ordinance is necessary to avoid, in the near term, the impacts
noted above;
and
WHEREAS, the facts recited above require that this
ordinance be adopted as an emergency ordinance for the immediate
preservation of the public health, property or safety.
NOW, THEREFORE, BE IT ORDAINED by the City of
Bakersfield as follows:
SECTION 1
CHAPTER 15.76 is hereby added to Title 15 of the
Bakersfield Municipal Code to read as follows:
CHAPTER 15.76
HABITAT CONSERVATION PLAN (H.C.P.) INTERIM MITIGATION
SECTIONS:
15.76.010
15.76.020
15.76.030
15.76.040
15.76.050
15.76.060
15.76.070
Purpose.
Definitions.
Implementation.
Collection of Fees.
Fee Setting.
Adjustment of Fees.
Termination of Fees.
15.76.010 Purpose. The purpose of this chapter is to
provide-a method for financing development of a Habitat
Conservation Plan (H.C.P.) and a federal Endangered Species Act
Section 10(a) permit application, and to mitigate impacts to
federally and state protected species during plan preparation.
This chapter provides for the establishment of fees
which, upon payment, will satisfy U.S. Fish & Wildlife Service
and State Department of Fish and Game interim mitigation require-
ments for endangered, threatened and candidate species and their
habitats that may occur within the city limits of Bakersfield,
pending completion and adoption of an H.C.P.
15.76.020 Definitions.
A. "Accessory building" means a detached subordinant
building, the use of which is customarily incidental to that of
the main building or to the main use of the land and which is
located on the same lot with the main building or use.
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B. "Development" means any activity requiring permit or
approval which physically disturbs a site, including grading of
or construction on any parcel of real property.
C. The "H.C.P. Steering Committee" means the Steering
Committee initially appointed by the City Council on June 17,
1987 to guide development of a Habitat Conservation Plan and
Section 10(a) permit process for the Bakersfield Metropolitan
area.
D. "Interim Mitigation" (IM) means fees collected from
development for the purpose of financing the H.C.P. and funding
habitat acquisition and/or habitat enhancement for protected
plant and/or animal species during the preparation of the H.C.P.
E. "Oil field development" means application and devel-
opment by an oil company representative thereof for the purpose
of mineral extraction or enhancement of mineral extraction.
F. "Undeveloped" means land not previously occupied by
a building or use subject to IM fees.
15.76.030 Implementation.
A. During the time H.C.P. Interim Mitigation (IM) is in
effect, the City will collect an interim mitigation fee for each
gross acre of new development within City boundaries.
B. The City will hold IM fees collected by it in a sepa-
rate trust for payment of H.C.P. development costs and habitat
mitigation as identified in the H.C.P.
C. Payment of the IM fee will satisfy City conditions
of approval placed on projects with regard to impact mitigation
for protected species which have not previously been satisfied.
D. IM fees will not be required for the following deve-
lopment: additions, remodels or reconstructions totalling of not
more than 50 percent of the square footage of the pre-existing
development; commercial farming and related farm accessory struc-
tures, oil field development, or development within the Downtown
Redevelopment Agency project boundary. Nor will IM fees be
required for development of any parcel of less than one-half
gross acre where at least half of the adjacent parcels have been
previously developed as of the effective date of the ordinance
first enacting this chapter. For purposes of this Chapter the
foregoing are deemed to have no significant adverse impact on any
endangered species.
E. IM fees will be collected with applications for
building permits, as calculated by the Planning Department. Fees
may be paid prior to building permit application if the developer
so desires.
F. Except as provided in subsection D. above,
IM fees shall be collected for all development of undeveloped
land on a gross acre basis. The fee to be paid for any parcel
shall include both an amount calculated upon the gross area of
the parcel and an amount representing the parcel's proportionate
share of the fee that would otherwise be assessable against all
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property within the subdivision not intended for building purposes.~
The second component of such fee shall be applicable only to
parcels within subdivisions as to which no tentative map has been
approved as of the effective date of the ordinance first enacting
this chapter.
15.76.040 Collection of Fees. The IM fee shall be paid
in full in cash when collected at the time the project applicant
makes application for a building permit.
The IM fee may be paid by cash, pledged certificate of
deposit, irrevocable letter of credit, or performance/surety bond
if a developer wishes to pay the IM fee prior to recordation of
the final tract or parcel map. All but cash shall be made payable
upon demand by City Planning Director.
15.76.050 Fee setting. The City Council shall, by
resolution, establish the fee, on a gross acre basis, required
under this Chapter.
15.76.060 Adjustment of fees. Upon request of the
H.C.P. Steering Committee, and following a public hearing held
within sixty (60) days of the receipt of that request, the City
Council shall consider adjusting the fee schedule to reflect new
information provided by the Steering Committee which justifies
the requested fee adjustment.
15.76.070 Termination of fees. The interim fee will
remain in effect for forty-eight months from the effective date
of the ordinance first enacting this chapter, or until the endan-
gered species act Section 10(a) permit is granted by the
Department of the Interior, whichever comes first.
SECTION 2
This Emergency Ordinance is necessary for the immediate
preservation of public health, property and safety, and shall
become effective immediately upon its passage.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regu-
lar meeting thereof held on the 23rd day of September , 1987,
by the following vote:
AYES. COd.,..,~,._~..~ ~m~D.,. ~SEN SMI[tL ;~..%I'?,'. HOt ~E DIS'.<'." RSO,% SALVAGGIO
ABSENT: CO[~',~GiL~ ~
ABSTAINING:
Cub, .,[ ':c~S
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED September 23, 1987
_MAYOR of the City of B~ e~s~d
APPROVED as to form:
CITY ATTORneY of the City of Bakersfield
p/cco
Initial Study
PROJECT:
LOCATION:
APPLICANT:
Ordinance, Resolution and Memorandum of Understanding Adoption
to allow collection of development fees to mitigate impacts on
endangered species in Bakersfield.
The City of Bakersfield in the County of Kern.
The City of Bakersfield
PROJECT DESCRIPTION:
The City is proposing to adopt an Ordinance, Resolution and Memorandum of
Understanding for the purpose of collecting development fees to mitigate
impacts on protected plant and animal species within Bakersfield.
BACKGROUND:
The City of Bakersfield has initiated a Habitat Conservation Plan (H.C.P.)
for the purpose of obtaining an Endangered Species Act Section 10(a) permit
from the Department of the Interior.
As part of this process, which is expected to require at least two years to
complete, a Steering Committee has determined that a form of "interim
mitigation" is necessary to address the endangered species issue and allow
reasonable urban development to occur.
ANALYSIS:
The instruments (subject to adoption) would allow the City to collect $680
per acre of private urban development. Fees would be collected at the
building permit stage.
Fees would be placed in an account and used for payment of H.C.P. prepara-
tion and acquisition or enhancement of endangered species habitat. It is
expected that the use of funds not used toward H.C.P. preparation will be
determined through the H.C.P. process, which will designate priority areas
for acquisition and enhancement.
Note: This initial study does not cover the H.C.P. The H.C.P. will have
its own EIR/EIS document. T~e H.C.P. would result in a new mitigation/fee
structure.
ENVIRONMENTAL DESCRIPTION:
The City of Bakersfield is a rapidly growing metropolitan area in the
southern San Joaquin Valley with a population of approximately 153~000.
The City encompasses about 80 square miles. Much of the vacant land within
the City is utilized in some way by the San Joaquin Kit Fox. a federally
listed endangered animal species. Due to the protection afforded endan-
gered species through the Federal Endangered Species Act. there is a need
to mitigate development impacts to this (and possible other) species.
4/isjm
II
APPENDIX I
ENVIRONMENTAL CHECKLIST FORM
(To be completed by Lead Agency)
BACKGROUND
1. Name of Proponent: City of Bakersfield
Address and Phone Number of Proponent:
1501 Truxtun Avenue
Bakersfield, CA 93301
(805) 326-3733
3. Date of Checklist Submittal: August 7, 1987
4. Agency Requiring Checklist: City of Bakersfield
5. Name of Proposal, if applicable: Ordinance, Memorandum of Understanding,
and actions resulting in the collection of development fees for mitigating
impacts on endangered spieces.
ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required on
attached sheets.)
YES
MAYBE NO
1. Earth Will the proposal result in:
a. Unstable earth conditions or in
changes in geologic substructures?
X
b. Disruptions, displacements, compac-
tion or overcovering of the soil?
X
X
X
X
c. Change in topography or ground surface
relief features?
The destruction, covering, or modification
of any unique geologic or physical
features?
e. Any increase in wind or water erosion
of soils, either on or off the site?
fe
Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or
the bed of the ocean or any bay, inlet
or lake? .
I. Earth (continued)
g. Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure,
or similar hazards
2. Air Will the proposal result in:
a. Substantial air emissions or deterioration of
ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture or
temperature, or any change in climate, either
locally or regionally?
3. Water Will the proposal result in:
a. Changes in currents, or the course or
direction of water movements, in either marine
or fresh water?
b. Changes in absorption rates, drainage
patterns, or the rate and amount of surface
water runoff?
c. Alterations to the course or flow of
flood waters?
d. Change in the amount of surface water in
any water body?
e. Discharge into surface waters, or in any
alteration of surface water quality, including
but not limited to temperature, dissolved
oxygen or turbidity?
f. Alteration of the direction or rate of
flow of ground waters?
g. Change in the quantity of ground waters,
either through direct additions or withdrawals,
or through interception of an aquifer by cuts
or excavations?
h. Substantial reduction in the amount of
water otherwise available for public water
supplies?
YES
MAYBE
I-2
X
X
X
X
X
X
X
X
X
X
X
X
3. Water (continued)
i. Exposure of people or property to water
related hazards such as flooding or tidal waves?
j. Will the proposal result in water service
from any public or private entity?
4. Plant Life Will the proposal result in:
a. Change in the diversity of species or number
of any species of plants (including trees,
shrubs, grass, crops, microflora and aquatic
plants)?
b. Reduction of the numbers of any unique,
rare or endangered species of plants?
c. Introduction of new species of plants
into an area, or in a barrier to the normal
replenishment of existing species?
d. Reduction in acreage of any agricultural
crop?
5. Animal Life Will the proposal result in:
a. Change in the diversity of species or
numbers of any species of animals (birds, land
animals including reptiles, fish and shellfish,
benthic organisms, insects or microfauna)?
b. Reduction of the numbers of any unique,
rare or endangered species of animals?
c. Introduction of new species of animals
into an area, or result in a barrier to the
migration or movement of animals?
d. Deterioration to existing fish or wild-
life habitat?
6. Noise Will the proposal result in:
aJ Increases in existing noise levels?
b. Exposure of people to severe noise levels?
YES
MAYBE
See Comment
See Comment
I-3
10.
11.
12.
13.
Light and Glare Will the proposal produce
new light or glare?
Land Use Will the proposal result in a
sub~ial alteration of the present or
planned land use of an area?
9. Natural Resources Will the proposal result in:
a. Increases in the rate of use of any natural
resources?
b. Substantial depletion of any nonrenewable
natural resource?
Risk of Upset Does the proposal involve a risk
of an explosion or the release of hazardous
substances (including. but not limited to, oil,
pesticides, chemicals or radiation) in the event
of an accident or upset conditions?
Population Will the proposal alter the location,
distribution, density or growth rate of the
human population of an area?
Housing Will the proposal affect existing
housing, or create a demand for additional
housing?
Transportation/Circulation Will the proposal
result in:
a. Generation of substantial additional
vehicular movement?
b. Effects on existing parking facilities,
or demand for new parking?
c. Substantial impact upon existing trans-
portation systems?
d. Alterations to present patterns of circu-
lation or movement of people and/or goods?
e. Alterations to waterborne, rail or air
traffic?
f. Increase in traffic hazards to motor
vehicles. bicyclists or pedestrains?
YES
MAYBE
I-4
X
X
X
X
X
X
X
X
X
X
X
X
X
14. Public Services Will the proposal have an
effect upon, or result in a need for new or
altered governmental services in any of the
following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d Parks or other recreational facilities?
e. Maintenance of public facilities, including
roads?
f. Other governmental services?
15. Energy Will the proposal result in:
a. Use of substantial amounts of fuel or
energy?
b. Substantial increase in demand upon
existing sources of energy, or require the
development of new sources of 9nergy?
16. Utilities Will the proposal result in a need
for new systems, or substantial alterations to
the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
17. Human Health Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health
hazards?
YES
MAYBE
I-5
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
18.
19.
20.
Aesthetics Will the proposal result in the
obstruction of any scenic vista or view open to
the public, or will the proposal result in the
creation of an aesthetically offensive site
open to public view?
Recreation Will the proposal result in an
impact upon the quality or quantity of exist-
ing recreational opportunities?.
Archeological/Historical Will the proposal
result in an alteration of a significant arch-
eological or historical site, structure, object
or building?
21. Mandatory Findings of Significance
(a) Does the project have the potential to
degrade the Quality of the environment, sub-
stantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self sustaining
levels. threaten to eliminate a plant or
animal community, reduce the number or re-
strict the range of a rare or endangered plant
or animal or eliminate important examples of
the major periods of California history or pre-
history?
(b) Does the project have the potential to
achieve short-term, to the disadvantage of
long term, environmental goals? (A short-term
impact on the environment is one of which occurs
in a relatively brief, definitive period of
time while long-term impacts will endure well
into the future).
(c) Does the project have impacts which are in-
dividually limited, but cumulatiyely considerable?
(A project may impact on two or more separate re-
sources where the impact on each resource is
relatively small, but where the effect of the
total of those impacts on the environment is
significant.)
(d) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Yes
MAYBE
I-6
NO
X
III.
IV.
DISCUSSION OF ENVIRONMENTAL EVALUATION
DETERMINATION
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find the proposed project COULD NOT have a significant effect on the
environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in
this case because revisions in the project plans or proposals made by
or agreed to by the applicant before the proposed negative declaration
is released for public review (or conditions of project approval) would
avoid the effects or mitigate the effects to a point where clearly no
significant effects would occur, and there is no substantial evidence
before the city that the project as revised (or conditioned) may have a
significant effect on the environment and that a NEGATIVE DECLARATION
WILL BE PREPARED.
I find the proposed project MAY have a significant effect on the environ-
ment, and an ENVIRONMENTAL IMPACT REPORT is required.
Date A u§ust 7, 1987 ~x~~_~ii ~atur~
gna ure)
For Jack Hardisty
APPENDIX I
CHECKLIST REPONSES
4.&5.
Plant and Animal Life
Comment .. The proposed fees would provide interim mitigation for
any protected plant and animal species identified in the H.C.P.
Fees would be set aside for the purposes of:
1) Financing Habitat Conservation Plan
2) Acquisition and/or enhancement of land identified for such
purposes in the H.C.P.
4/aicr
DEPARTMENT OF
PLANNING AND DEVELOPMENT SERVICES
RANDALL L. ABBOTT
DIRECTOR
STEVEN G. LADD
Assistant Director
August 28, 1987
Mailing: 1415 Truxtun Avenue
Bakersfield, CA 93301
Location: 1356 Norris Road
Bakersfield, CA 93308
(805) 861-2615
FILE: Agency
Bakersfield Environmental Document
Habitat Construction Plan
City of Bakersfield Planning Department
1501Truxtun Avenue
Bakersfield, CA 93301
Re: Proposed Negative Declaration, Ordinance to Allow Collection of Fees for
Endangered Species Impact - Mitigation
Ladies and Gentlemen:
Thank you for the opportunity to review and comment upon the above-noted
proposal. As you have identified, environmental effects upon plant and wildlife
conditions are the primary characteristics affected by this proposal. The
initial study should be expanded to discuss the potential growth inducing impacts
that could occur should the fee application be approved. Also, it appears that
Mahditory Finding of Significance(s) should be marked "maybe," since it is
questionable or unknown at this time, how the establishment of interim fees might
affect biological conditions through accelerated growth.
Elsewhere, the initial study should note that, under "8. Land Use," there could
be an alteration of present or planned land uses with establishment of interim
fees. The ability to file certain fees allowing development to occur on
heretofore vacant parcels could result in land use changes (or requests for
changes) not comtemplated under the existing plans. This concern relates to
growth inducing impacts.
We have no other comments at this time. Would you please forward us a copy of
the Final Negative Declaration upon its completion.
Very truly yours,
RANDALL L. ABBOTT, Director
Planning and Development Services
By~Fre S~
Principal Planner
AUG 3 1 19 7
CITY OF BAKERSF!ELD
PLANNING DEPARTMENT
sju
PLANNING
DEPARTMENT
DEWEY SCEALES
PLANNING DIRECTOR
CITY of
BAKERSFIELD
September 14, 1987
Department of Planning and Development Services
1415 Truxtun Avenue
Bakersfield, CA 93301
SUBJECT: Proposed Negative Declaration - Collection of fees
Endangered species impact mitigation
Ladies and Gentleman:
Thank you for your comments dated August 28 regarding the above subject.
Following is the city response.
The fee would allow development to occur only in areas where previ-
ously allowed by adopted plans. Development consistent with
adopted plans is not considered significant as it relates to the
interim mitigation fee.
The fees will not accelerate growth beyond any previous growth pro-
jections. It will however, unfreeze growth in some areas during
the H.C.P. development period. The U.S. Fish and Wildlife Service
has accepted the interim fee as adequate mitigation to a normally
significant impact.
C. See responses A and B above.
If you have any questions, please contact me at 326-3733.
Sincerely,
///'James D. Movius
~ Associate Planner
JM:pjt
1/lpd
1501 TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93301 ' (805) 326-3733
Afft at t! of osltng ( r tnam:es
STATE OF CALIFORNIA t ss.
County of Kern
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on September 25 , 19 87 , she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on September 23 , 19 87 , which ordinance
was numbered 3122 New Series, and entitled:
An emergency ordinance of the Council of the
City of Bakersfield adding Chapter 15.76 to
Title 15 of the Bakersfield Municipal Code
related to mitigation for development impacts
on endangered species.
Subscribed and sworn to before me this
........ day of .............................................., 19 ........