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Home My WebLink AboutORD NO 3385ORDINANCE NO. 3 3 8 ~ ORDINANCE AMENDING CHAPTER 15.78 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MITIGATION FOR URBAN DEVELOPMENT IMPACTS ON ENDANGERED SPECIES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 15.78 of the Bakersfield Municipal Code is hereby amended to read as follows: CHAPTER 15.78 Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) Mitigation Program Sections: 15 15 15 15 15 15 15 15 15 78.010 78.020 78.030 78.040 78.050 78.060 78.070 78.080 78.090 Purpose. Definitions. Designation of MBHCP Section 10(a) Implementation of fee. Payment of fees. Fee setting and adjustment. Termination of fees. Disposition of fees. Adoption of regulations. permit area. 15.78.010 Purpose. This ordinance provides for the establishment of fees which, upon payment, will satisfy U.S. Fish and Wildlife Service, State Department of Fish and Game and City mitigation require- ments for endangered species and their habitats which may occur within the area subject to a Section 10(a) permit. The purpose of this ordinance is to provide a method for financing implementation of a Habitat Conservation Plan imple- menting agreement, Section 10(a) permit, under the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), and Section 2081 permit under the California Endangered Species Act (Fish and Game Code Sections 2050 2098). It is the further purpose of this ordinance to provide a method for mitigation of impacts to federal and state protected endangered species caused by development of habitat and provide for habitat mitigation as identified in the Habitat Conservation Plan and implementing agreement(s). 15.78.020 Definitions. As used in this ordinance, 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 same lot and customarily incidental and subordinate to the prin- cipal building or use. B. "Development" means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure or any activity requiring a per- mit from or the approval by the City which physically disturbs a site, including grading of any parcel of real property within the Fee Assessment Area. C. "Fee assessment area" means the land within the Metropolitan Bakersfield Habitat Conservation Plan Study Area Boundary. D. "Habitat Conservation Plan" (HCP) means a plan pre- pared pursuant to the provisions of 16 U.S.C. Section 1539. E. "Habitat Mitigation" (H.M.) means fees collected from development for the purpose of funding habitat acquisition and/or habitat enhancement for federal and state protected plant and/o:r animal species. F. "Oilfield development" means application and devel- opment for the purpose of petroleum extraction or enhancement of petroleum extraction. G. "Permit" means written governmental approval or authorization issued by an authorized County (City) official empowering the holder thereof to a certain land use entitlement permitted by the Zoning, Building or Grading Ordinances. H. "Undeveloped" means land not previously occupied by a building or used for a purpose subject to H.M. fees or land for which a permit was not issued prior to the effective date of this Ordinance. 15.78.030 Designation of MBHCP Section 10(a) and Section 2081 permit area. All those certain lands located in the City of Bakersfield and County of Kern Metropolitan Bakersfield 2010 General Plan area are hereby constituted and shall be designated as the Metropolitan Bakersfield Habitat Conservation Plan Program Area. -2- 15.78.040 Implementation of fee. A. During the time the Habitat Mitigation (H.M.) fee is in effect, prior to the approval of any building permit for development in the City of Bakersfield, the city will collect a habitat mitigation fee for each gross acre of new development unless otherwise exempt under this ordinance. B. H.M. fees will not be required for the following: 1. Additions, remodels or reconstructions totaling not more than 50 percent of the square footage of the pre-existing development; 2. Mobilehome replacement; 3. Oilfield development; 4. Commercial agricultural and related agricultural accessory structures and uses; 5. Development of any parcel for which the United States Fish and Wildlife Service has approved other mitigation procedures. 6. Development of any parcel for which the California Department Of Fish and Game has approved other mitigation proce- dures. 7. Small scale local public projects less than 10 acres in size undertaken for strictly public purposes and incidental to urban growth. C. Except as provided in subsection B of this section, 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 par- cel and an amount representing the parcel's proportionate share of the fee that would otherwise be assessable at the then current rate against all property within the subdivision not intended for building purposes including park land dedication/in-lieu fee responsibilities. 15.78.050 Payment of fees. The H.M. fee shall be paid in full, in cash at the time the p~oject applicant makes application for a building permit. The fee may be paid by cash, pledged certificate of deposit, irrewDcable letter of credit, or performance/surety bond if the project applicant wishes to pay the H.M. fee at the then current rate prior to recordation of the final tract or parcel map. All but cash shall be made payable upon demand by the City of Bakersfield Planning Director. -3- 15.78.060 Fee setting and adjustment. The City Council shall, by resolution, establish the fee, on a gross acre basis, required under this chapter. The City Council may, following a public hearing, consider adjusting the fee to reflect new information which justifies the requested fee adjustment. The fee shall be adjusted for inflation automat- ically and without public hearing based on the Consumer Price Index as published by the U.S. Department of Labor, unless a hearing is desired by the City Council. 15.78.070 Termination of fee. The H.M. fee shall remain in effect for the same term as the MBHCP Section 10(a) Permit and 2081 permit. 15.78.080 Disposition of fees. The City will hold H.M. fees collected by it in a sepa- rate trust for payment of habitat mitigation as identified in the MBHCP. Funds shall be transferred to the Implementation Trust for use in implementation of the MBHCP upon request by the Implementation Trust. 15.78.090 Adoption of regulations. The City Council may, from time to time, by resolution adopt regulations for the administration and implementation of this ordinance not inconsistent with it. Such regulations, and any amendments thereto, shall be adopted after a duly noticed public hearing. SECTION 2. This Ordinance shall be posted in accordance with Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... -4- 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 the August 14 , 19 91by the following vote: AYES COUNCILMEMBERS; EBWAR~,/~O~.MONO, SMITH, BRUNNL PEIEHSON, McDERMOTI'. SALVAGGIO NOES; COUNCILMEMBERS: At}SE NT COUNCILMEMSERS' ABSTAIN: COUNCILMEMBERS ~ITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this ,14thday of ~ugus~ MAYOR of the City of Bakersfield 19 91 APPROVED as to form: LAWRENCE M. LUNARDINI, CITY ATTORNEY of the City of Bakersfield r/hcpord 7/25/91 JM:pjt AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, Being duly sworn, That she is the duly appointed, of Bakersfield; and that on the posted on the Bulletin Board at the following: Ordinance City Council at a meeting held and entitled: deposes and says: acting and qualified City Clerk of the City 19th day of August , 19 91 she City Hall, a full, true and correct copy of No. 3385 passed by the Bakersfield on the 14th day of August 19 91, NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk