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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 -2- 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. -3- 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 -4- 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 ........