HomeMy WebLinkAboutORD NO 3919ORDINANCE NO. 8 g :~, g
AN ORDINANCE ADDING CHAPTER 17.66 TO THE
BAKERSFIELD MUNICIPAL CODE RELATING TO HILLSIDE
DEVELOPMENT.
WHEREAS, the purpose of the hillside development ordinance is to protect the
health, safety, and welfare of the community through enforcement of development standards
and regulations in those larger contiguous areas of the city with generally eight percent slope or
more; and
WHEREAS, the hillside development ordinance is intended to implement 2010
plan policy relating to development within the hillside area of the City of Bakersfield; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set fodh in CEQA and the City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by City staff, Planning Commission, and
this council; and
WHEREAS, a negative declaration was advertised and posted on July 31, 1998,
in accordance with CEQA; and
WHEREAS, a timely and properly noticed hearing upon this ordinance was held
by the Planning Commission of the City of Bakersfield on September 3, 1998, November 5,
1998, and November 19, 1998 at which hearing evidence, oral and documentary, was admitted
on behalf of said ordinance adoption; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required notices have been given. Notices of the public hearing
before the Planning Commission of the City of Bakersfield have been advedised in the
Bakersfield Californian and posted on the bulletin board of the Bakersfield City Planning
Department on July 31, 1998. The advertisement was 1/8 page in size.
2. The provisions of CEQA have been followed. Based upon an initial study
environmental assessment, staff has determined that the proposed project will not significantly
affect the physical environment and the issuing a Negative Declaration for the project is
adequate. The project proposes a City ordinance which implements the Metropolitan
Bakersfield General Plan policies regarding hillside development.
3. The proposed ordinance permits development in slope areas subject to a
variety of factors which will ensure the health, welfare, and safety of the public.
4. This ordinance will ensure that new development is sensitive to the
natural topography.
5. The grading techniques required by this ordinance will preserve the
form of the natural topography and ridge lines.
6. This ordinance will require new development complement and
preserve the aesthetic integrity of areas adjacent to the bluffs.
7. Based on the absence of evidence in the record as required by Section
21082.2 of the State of California Public Resources Code (CEQA)for the purposes of
documenting significant effects, it is the conclusion of the Lead Agency that this project's
impacts fall below the threshold of significance with regard to wildlife resources and, therefore
must be granted a "de minimis" exemption in accordance with section 711 of the State of
California Code. Additionally, the assumption of adverse effect is rebutted by the above -
referenced absence of evidence in the record and the Lead Agency's decision in the record and
the Lead Agency's decision to prepare a Negative Declaration for this project.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of
Bakersfield as follows:
1. That the negative declaration is hereby approved.
read as follows:
That the text amendments to Title 17 of the Bakersfield Municipal Code to
SECTION 1.
HD (Hillside Development ) Combining Zone
Chapter 17.66
Sections:
17.66.010.
17.66.020.
17.66.030.
17.66.040.
17.66.050,
17.66.060.
17.66.070.
17.66.080.
17.66.090
17.66.100
17.66.110.
17.66.120.
17.66.130.
17.66.140.
17.66.150.
17.66.160.
17.66.170.
17.66.180.
17.66.190.
Purpose and intent.
Applicability.
Maximum grade of access.
Contour Grading.
Site plan requirements.
Vicinity plan.
Key box requirements.
Driveway requirements.
Fire apparatus access roads.
Emergency Secondary Access.
Bridges.
Address markers.
Building construction.
Roof repair or replacement.
Fire scape plant selections.
Special setbacks.
Drainage sumps..
Grading.
Appeals.
17.66.010. Purpose and intent.
The purpose of this chapter is to define and implement the goals and policies of
the Metropolitan Bakersfield 2010 General Plan as they relate to the preservation and
maintenance of hillsides as a scenic resource of the City and to protect the general public from
the threat of wildfire. The HD zone district is an overlay zone. The regulations established by
the HD district are in addition to those uses allowed and the regulations of the base zone
district.
The provisions of this ordinance are intended to apply to areas zoned HD
(Hillside Development). This overlay zone will generally be applicable to those larger
contiguous areas generally having average natural slopes of eight percent or more (see exhibit
A). These regulations shall apply to all projects relating to grading, building permits, parcel
maps, tentative tract maps, conditional use permits, zone changes, general plan amendments
and site plan review.
17.66.020. Applicability.
This overlay district shall apply to areas zoned HD (Hillside Development).
17.66.030. Maximum grade of access.
Maximum grade of streets, public or private, and other access easements shall
be determined in accordance with "A policy on Geometric Design of Highways and Streets,"
American Association of State Highway and Transportation Officials (AASHTO) 1990, for design
of maximum grades for arterials, collectors and local streets.
17.66.040. Contour Grading.
All manufactured cut and fill slopes exceeding ten (10) feet in height which are
exposed to any public view shall be landform graded (see diagrams 1-4 for illustrations of the
intent) so that their ultimate appearance will resemble a natural slope This will include slopes
along streets and highways, slopes adjacent to parks, schools, open spaces, and other public
facilities.
17.66.050. Development plan requirements.
The following shall be shown on all development plans as applicable (confer with
Planning staff) associated with Planned Commercial Developments, Planned Unit
Developments, Conditional Use Permits, tentative tracts, site plan reviews, and applications for
single family dwellings not already reviewed as part of parcel maps or tentative tracts:
B.
C.
D.
E.
F.
G.
H.
Topography.
Access road width and percent of grade.
Landscape and vegetation details.
Structure location.
Overhead utilities.
Building occupancy class.
Type of ignition - resistant construction of structure.
Roof classification of buildings.
Water supply system.
Fuel loading and model, available from City of Bakersfield Fire Department and
data to verify classification of fire-resistive vegetation
17.66.060. Vicinity plan.
The Fire Chief may require additional information on the plan beyond the
property lines related to slopes, vegetation, fuel breaks, water supply systems and access ways
(driveways, secondary access, etc.)as needed.
17.66.070. Key box requirements.
Fire Department approved key boxes shall be required for driveways and access
roads with private security gates if any part of a building is more than 150 feet from the gate
entrance.
17.66.080. Driveway requirements.
Driveways shall be at least 12 feet wide with a minimum unobstructed height
clearance of 13 feet 6 inches. Driveways over 150 feet in length shall have turnarounds with a
minimum turn radius not less than 30 feet and an outside turning radius of not less than 45 feet.
Driveways in excess of 200 feet in length and less than 20 feet in width shall be required to
have turnouts, as determined by Fire Chief, in addition to turnarounds. Turnouts shall be
constructed of an all weather road surface at least ten feet wide by 30 feet long.
17.66.090 Fire apparatus access roads.
When required by the Fire Chief, apparatus roads shall have a minimum width of
20 feet and a minimum height clearance of 13 feet 6 inches. This will accommodate the loads
and turning radius, and a grade traversable by fire apparatus not to exceed the maximum as
approved by the Fire Chief. Dead end roads in excess of 150 feet in length must be provided
with turnaround as approved by the Fire Chief.
17.66.100 Emergency Secondary Access.
An emergency secondary access shall be required when it is determined by the
Fire Chief that access by a single road might be impaired by vehicle congestion, condition of
terrain, climatic conditions or other factors that could limit ingress or egress. Plans for
emergency secondary access roads shall be submitted to the Fire Chief for review and
approval prior to their construction.
17.66.110. Bridges.
Vehicle load limits must be posted at both entrances to bridges on driveways and
private roads. Bridge design loads shall be established by the Public Works Director.
4
17,66,120, Address markers,
All buildings shall have a permanently posted address readily legible from the
public way. Otherwise, the address must be placed at each driveway entrance and be visible
from both directions of travel. Address signs along one way streets shall also be visible from
both directions of travel. Where multiple addresses are required at a single driveway, they shall
be mounted on a post, and additional signs shall be posted at locations where driveways divide.
Where a roadway provides access solely to a single commercial or industrial business, the
address shall be placed at the nearest road intersection providing access to the site.
17,66,130, Building construction,,
Class A or class B noncombustible roof covering or roof assembly shall be
required. Not withstanding the aforementioned, no wood shake or wood shingle roofs will be
permitted. For roof coverings where the profile allows a space between the roof covering and
roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or
embers. One-hour rated fire-resistive construction shall be required for eave assemblies or non
combustible assembly approved by the Fire Chief and Building Director. Protection shall be
required on the exposed underside by materials approved for a minimum of one-hour rated fire-
resistive construction. Fascias are required and must be protected on the backside by materials
approved for a minimum one-hour rated fire-resistive construction or 2-inch nominal dimension
lumber.
Exceptions: Accessory structures not exceeding 120 square feet in floor area when located
at least 50 feet from any habitable structure. Roofs shall have at least Class C roof covering,
Class C roof assembly of an approved noncombustible roof covering. No wood shake or wood
shingle roofs will be permitted, for roof coverings where the profile allows a space between the
roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude
entry of flames or embers.
17,66,140 Roof repair or replacement.
Roof covering on buildings or structures in existence prior to the adoption of this
chapter that are replaced or have 25 percent or more replaced in a 12-month period shall be
replaced with a roof covering consistent with section 17.66.130.
17,66,150, Fire scape plant selections,
Every tract and parcel map shall contain an "advisory notice" within the
conditions of approval recommending that property owners use plant materials which are fire
resistant. A comprehensive list is available from the Fire Department (see table).
17,66,160, Defensible Space,
Maintain around and adjacent to any such building or structure a firebreak made
by removing and clearing away, for a distance of no less than 30 feet on each side thereof or to
the property line, whichever is nearer, all fiammable vegetation or other combustible growth.
This section does not apply to single specimens of trees, ornamental shrubbery, or similar
5
plants which are used as ground cover, if they do not form a means of rapidly transmitting fire
from the native growth to any building or structure.
17.66.170. Drainage sumps.
All drainage sumps shall have direct access to public roads.
17.66.180. Grading.
All grading shall be contoured to conform to the natural slopes to the greatest
degree possible. Examples of such grading is shown in diagrams 1-4. The Building Director
shall have the final determination that the final grading plan retains as much natural slope as
possible considering the proposed improvements and other required codes.
17.66.190. Appeals.
A. A determination by staff of the provisions of this Chapter may be appealed to the
planning commission. The action of staff shall be final unless, within ten days of their decision,
the applicant or any other person appeals in writing to the planning commission by filing such
appeal with the Planning Director and paying appropriate fees.
B. A determination by the planning commission or board of zoning adjustment pursuant to
this Chapter may be appealed to the city council pursuant to the appeals procedures of
Chapter 16.52 in the case of subdivision map approvals, or Chapter 17.64, in the case of
modifications, conditional use permits, or zone changes.
C. On appeal, the city council or planning commission may grant modifications from
the provisions of this Chapter where the appellant clearly demonstrates a practical difficulty in
carrying out a specified provision. In granting the modification, the city council or planning
commission shall first find that the strict application of a specified provision is impractical and
that the modification is in conformance with the intent of this Chapter and that the modification
does not lessen any fire protection or other public safety requirements.
6
SECTION 2.
This Ordinance shall be posted in accordance with provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed and ado ted by the
City Council of the City of Bakersfield at a regular meeting thereof held on AUG 11 19~ ,1998,
by the following vote:
AvE~ COl !~C~I MEMBFR D~MOND CARSON, MACCARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
I,:' ~':' ;":~" ijN~.;t'L[\/IEbt'B'ER t,.J ~:, r.4 co. _
~ -.':.'!:.: ~i"~: COUNCILMEMBER t4 O kl 1EL
AF;SENT' COUNCILMEMBER ld c> t,j F-_
CITY CLERK and Ex OffiCio Clerk~he
Council of the City of Bakersfield
APPROVED r,.ijb ~L :'L :')'?'S
B
MAYOR of the City of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
MG:mo
S:\Hillside Dev Ord\o-hsd.wpd
Revised: June 1, 1999.
l,imi~ une
t
EXHIBIT A
Proposed Hillside
Zone Overlay
DIAGRAM1
SLOPE MANAGEMENT
RECOMMENDED SLOPE
CONTOURING
EXAMPLE
INSTEAD
UNNATURAL
CUT SLOPE
EDGE
125,'
#1
STANDARD CUT
INTO NOSE
OR RIDGEUNE
DO THIS
'., ",,. _ ,-~' ."/" )' ' ROUND OFF
~~ To ~o'.~g.".$ To
· , 5"._ ' THE NATURAL GRADE
EXAMPLE #2
INSTEAD OF
REGULAR SLOPES
SHARP CUT
! ' _~..:
DO THIS
VARIED SLOPES
SMOOTH CUT
1 O953O
DIAGRAM 2
SLOPE MANAGEMENT
SLOPE CONTOUR CROSS SECTION
THIS
NOTE: SLOPE SHOULD BE ROUNDED
TO PROVIDE: A MORE NATURAL
APPEARANCE:
t,d
6' _,~_~'~ ~' :~,
BE:NCH 20*'---
/' VERTICAL
~_~/ CURVES AT
TOP OF SLOPES
VERTICAL
CURVES AT
BENCH
VERTICAL
CURVES AT
TOE OF SLOPES
NOT THIS
DIAGRAM 3
SLOPE MANAGEMENT
NATURAL CONTOURING
THIS
CONTOUR GRADING
---5..;
NOT THIS
CONVENTIONAL GRADING
DIAGRAM 4
SLOPE MANAGEMENT
ROUTE SELECTION IN
RELATION TO CONTOURS
THIS NOT THIS
ROADS AND HILLSIDE GRADING
-' t /
I /
/ /
/
REDUCE GRADING BY
ALIGNINING ROADS ALONG
NATURAL CRADES
THIS
AVOID RUNNING COUNTER
TO STEEP GRADES
\
i
i
/
TO GET FROM "A" TO "B", ROUTE SELECTION
WOULD BE SOMEWHERE BETWEEN PERPENDICULAR
AND PARALLEL TO THE CONTOURS
HortScrigt, February 1996, #18
FIRESCAPE PLANT SELECTIONS
Fire-resistant Plants (These plants also tend to have certain typical characteristics)
Most are broad-les/r deciduous (lose the
leaves) trees but some thick-leaf e~erXreens
are also fire-rnt.
· Leaves tend to be supple, moist and easily
crmhed.
Trees tend m be dean, not bushy, and have
Htfie deadwood.
· Shrubs are low-growing (2') with minlm-i
dud mattrial.
, Tall shrubs are dean, not bushy.
· Sap is water-h'ke and typically do, s not have a
strong odor.
DOMESTIC GARDEN
Aamium :#p.
Agave :pp.
Aloe spp.
Camobroms :pp.
Catyted~n :pp.
C,'auula :pp.
Delosperma "A lba
Drosanrhemum fioribtauia
D. hispidium
Dudleya farinosa
fT &.' :llt.;tA ',~,4'.,' ';TT: + .
Common nan
Altlllium
Agave
tel Plantb
Crassuta b ,~.
Whim Trailing Iceplant
Rosa lc~ Plant b
R'osu Ice Plant b
'Dudleynor Cliff I,~tmcc
i Ill
Acaillea tomentosa
A juRa re#ram
A rmerta manlima
Arctotheca caltndula
Ctrctrtiurn tomentosum
Co~rosma kirkii
Duchtsnea indica
Eoun)~us Fonunti col,
orafiL~
Woolly Yarrow
C. ar~t Bugle
Common Thrift
Silver Spreac~
Snow-in-Summer
C. trx~in! Co0rosma
Mock Sttawlz~.
Winter Cre~m:r
Fesmca rubra
Fragana califomica
Fragana chilottuis
Gazania rigent
ltucolatna
lbtris um.ptrWren$
LitiofJt gigantta
Myoporum pamfolium
Osttosptrmum fruticosum
Evergrin Candym~
=:='-:,
Trailing Aftcan ='
Wood $wawbeny
Beach Strawberry
Trailing Gazania
Creeping Red Fenam e ..~..a
EXHIBIT "C"
Initial Study
PROJECT DESCRIPTION:
An Ordinance amencling Chapter 17 of the Bakersfield Municipal Code
relating to Hillside Development (Case No. P984)441)
LOCATION:
The ordinance will be applicable City wide within slope areas that meet the
cnteda of the Hillside Development (HD) zone as defined in proposeel Section
17.66.020. These areas are pdmanly within undeveloped areas in the northeast
portion of the City of Bakersfield.
APPLICANT:
City of Bakersfield Planning Department
1715 Chester Avenue
Bakersfield, CA 93301
Contact Person:
Mike McCabe,
Assistant Planner
(805) 326-3777
ANALYSIS:
The proposecl Hillside Development Ordinance is intencled to protect the health, safety and welfare of
the community by providing for enforcement of specffic development standards for those areas in the
City with slopes of eight per cent or more. The Ordinance will implement the policies of the 2010
General Plan relating to hillside development within the City of Bakersfield. The HD (Hillside
Development) zone created by the ordinance is an 'overlay" zone, ancl therefore, its provisions are in
addition to the uses permitted and development stanclards of the base zone district The overlay zone is
generally applicable to those areas having an average natural slope more than eight per cent. The
ordinance will apply to any parcel of land in which a portion is zoned HD. The Hillside Development
provisions shall apply to all project proposals including grading, building permits, parcel and tract maps,
conditional use permits, zone changes, general plan amendments, and site plan reviews.
The ordinance specifies a maximum grade of seven per cent 'for all public or private streets, driveways,
and access easements. The Fire Chief may allow an exception permitting a grade up to 10 per cent for
a distance not exceeding 150 feet. Ordinance standards require that all manufactured cut and fill slopes
exceeding ten (10) feet in height and exposed to public view shall be land form graded in accordance
with the concept conveyed in diagrams included therein. These include slopes along streets and
highways, and those adjacent to parks, scnools, open spaces and other public facilities. The ordinance
also requires the submission of a site plan with specieel information for discretionary permits within
hillside areas and for single family dwellings not previously reviewed as part of a tract or parcel map.
Design standard for driveways, fire apparatus roads ancl secondary access roads are mandated.
The Hillside Development Zor~e also includes standard for address markers, roof coverings, ancl a
minimum 'defensible space" se~ack are of thirty feet around structures. The ordinance requires that
1Tact and parcel maps within affected areas contain an advisory notice recommending the use of specific
l~re resistant plant materials included in a list maintained by the Fire Department.
Appeals from any the requirements established by any section of this ordinance shall be heard by the
Planning Commission, which may approve a modification that is not inconsistent with the intent and
purpose of the ordinance.
s :\McCabe\H ill s ideExB. wixt
J~me 29. 1998
Orclinance
Hillside Oev
i'ChaDter 17bol
~t Ordinance
ENVIRONMENTAL CHECKLIST
Proiect:
P98-0441
EFFECT
IMPA C T
!
MITIGATION
Y N ~ ORD
EFFECT
IMPACT
S~P ~i
MITIGATiON
Y ~ N_,{ ORD
,,;oils
x
X Compaubility
X
Geologic Hazards
X
General Plan/Zomng
X
ErosloruSedimentanon
X
X Growm Inducement
X
Topography
WATER
X X
Prime Ag Land Loss
PUBLIC SERVICES
X
Quality./QuantRy
Police
Groundwamr
X Fire
· Su~ac¢ Water
FoodingtDramage
AIIi:
X X
X X
Schools
ParkURecreauon
Solid Waste Disposal
X X
X X
X
Atr Quality,
C] iraate/Air Movement
Facfiie/Maimenance
Giors
X
Water
X X
BIOLOGICAL RESOURCES
Phm5
Ar~mals
X { X'
X X
Was~waler
Storm Drainage
Natural Gas
Rare/Endangered Species
Habitat Alteranon
TRANSPORTATION
Traffic/Circulauon
Parking
Traffic Hazards
A~r.'Water/Rail Systems
CL'L'TFURAL RESOURCES
Arc naeologscal
Hiswncal
HCP
S = Sigm~cam
X
Eleclncsty
X
X
X
X
X
X
X
COITHIIUIllCaIIOI1
- HEALTH HAZARDS
INOISE
INATURAL RESOURCES
ENERGY USAGE
NOTE: DISCUSSION REGARDING THE ABOVE IMPACTS IS ATTACHED. >
? = Potenually Sigm~cant
s: \McCabed-I ills ideExB. wpd
June 29. 1998
X
I = InsigmficanVNo Effect
Y := Yes N = NO
IV. DISCUSSION OF IMPACTS
EARTH
The ordinance amendment alone will not result in a direct impact on soils, as it proposes standards for regulating future
dew.~lopment in areas exhibiting or exceeding the defined degree of slope (eight percent). The ordinance is intended to
implement General Plan policies and standards by requiring the maintenance of natural landforms for significant
manufactured cut and fill slopes, mandating maximum grades and other design standards for access drives, se~acks
arounO buildings, and requirements for roof construction. Its enforcement therefore will not adversely affect the physical
environment to any greater degree than current City ordinance standards. In fact, implementation of the Hillside
Development Ordinance will act to ramgate future potential impacts in terms of landform alterations, public safety access,
and fire protection impacts of development within high hazard areas. Standard ordinance compliance ioneludes the
requirement for soils and grading reports prior to issuance of building pertorts, and adherence to applicable building
cod~:s.
WAltER
Adoption of the ordinance will not impact the quantity or quality of any existing surface or groundwater resources
The project will not directly impact absorOtion rates, drainage patterns, or the rate and amount of surface water runoff,
nor result in any changes thereto. Current development standards, applied in conjunction with the proposed Hillside
Ordinance, require future developments to comply with adequate drainage facility design, complete preconstruction soils
and grading studies, and compliance with Building and Public Works Departments requirements.
AIR
The proposal will not violate any adopted air quality standards, significantly alter patterns of air movement, nor create
objectionable odors.
BIOLOGICAL RESOURCES
Permits and approvals for development associated with this ordinance will be subject to the terms of the Metropolitan
Bakersfield Habitat Conservation Plan and associated 10(a)(B) and 2081 permits issued to the City by The U.S> Fish
and Wildlife Service and State Department of Fish and Game, respectively. Terms of the permit recluire applicants fore
development projects to pay habitat mitigation fees, excavate known kit fox dens and notify agencies pdor to grading.
The Metropolitan Bakersfield Habitat Conservation Plan may be reviewed at the following location: City of Bakersfield,
Planning Department. 2 ~ Floor, 1715 Chester Avenue, Bakersfield, CA., 93301, (805) 326-3733. In addton, because
me project does not directly impact wildlife resources. a "de minimis" exemption is approved according to Section 711 of
tl~e S1;ate of California Fish and Game Code.
TRANSPORTATION
The ordinance would not have any direct physical impacts upon transportation facilities. All future development
reviewed under its requirements,will be subject to the existing Regional Transportation impact Fee (RTIP) program,
which provides for payment of fees for a projects proportionate contribution to the need for regionwide transportation
facilities. Each future project approval will also be subject to Ordinance standards for installation of adjacent roadway
improvements.
CULTURAL RESOURCES
All futt~re projects reviewed under the proposed Hillside Development Ordinance wdl be subject to CEQA standards for
the identification of cultural and histoncal resources, and will be conditioned for any necessary mitigation measures
recommended by the Archaeological Information Center.
LAND USE
,11 proects reviewed under the provisions of the proposed ordinance will be consistent with the applicable I
desigr~ations and zoning provisions for the proposal site The Hillside Development Ordinance will not ca~t/~L~9~j
changes in existing General Plan Land Use Element designations or zoning provisions. Those must be ...ecluested
s:~McCab~\Hillside. ExB.wlxI '-.,~-:.: ~,~,~
]u~ 29, 1998
future Dro~ect Droaonenm If necessa, ~Dtement a development proposal. An~ 1 amendment procectures will be
suDject to Drojec'~ specific CEQA review resulting mmgaaon requirements at a future t~me.
'~UBLIC SERVICES
The ominance will have no impact in terms of public services. All future development reviewed under its provisions will
also be subiect to existing ordinance standards re~luiring mitigation for proportionate impact upon school fac/lities and
park land needs, or me payment of in-lieu fees pnor to the ~ssuance of building permits.
POPULATION, HOUSING AND EMPLOYMENT
The proposed ordinance will not have any impact in terms of the location, density, distribution or growth ram of
population, housing or employment paRems.
HEALTH HAZARDS
Adoption of the proposed ordinance is intended to protect the puPlic health, safety and welfare Dy insunng a nipher
degree of fire safety and emergency access for the occupants of development projects in specifically idenl~fted
hazardous area, sue..~ as within steep slope and wildland vecJetatlon. No adverse iml~-'ts am expecmd.
NOISE
There w~il be no increased noise impacts resulting from ordinance adoption. All affected developments will be suDject to
noise.= screemng and compatibility measures ~n conformance with existing ordinances and mit/gation stsndards.
AESTHETICS, LIGHT AND GLARE
The Hillside Development ordinance is expected to have a beneficial impact upon the aesthetics of future developing
areas IDy requinng the grading of manufactured slopes in a manner that is more consistent w~ surrounding natural
,nd/0rm. This is in furtherance of the Land Use and Open Space goals of the 2010 General Plan. There will be no light
and glare impacts exceeding those associated with development in conformance with exist/ng General Plan and
ordinance standan:Is.
NATIJRAL RESOURCES AND ENERGY USAGE
ImOlementat/on of the proposed ordinance will have no impact upon the use or depletion of natural resources, nor have
any clirect effects ul:~n me consumption of energy resources.
s: ~vlcCab~Hi!lsideExB. wpd
The adoption of the ordinance does not in itself result in a significant effect on the physical environment
because it is intended to prevent undesirable fire safety, access and topographic impacts resulting from
future development in hillside areas. However, all subsequent project proposals or development
activities allowed in accordance with this ordinance will be subject to its own project Specific review on a
case by case basis pursuant to CEQA.
Based on the absence of evidence in the record as required by Section 21082.2 of the State of
California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the
conclusion of the Lead Agency that this proiect will result in impacts that fall below the threshold of
signfficance with regard to wildlife resources and, therefore, must be granted a "de minimis' exemption
in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the
assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and
the Lead Agency's decision to prepare a Negative Declaration for this project.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment, therefor a Negative Declaration was prepared. Notice of
public heanng before the City Council of the City of Bakersfield for the project with the associated
pro~x~sed Negative Declaration was advertised in accordance with State law.
s: ~4cCabe\HillsideF,~. wpd
June 29. 1998
II. MANDATORY FINDINGS OF SIGNIFICANCE
Does the Oroject have the Ootential to degrade the cluality of the env,ronment, substantially reduce the habitat of a fish
or wildlife sloec. Jes. cause a fish or wildlife I:)ol~ulation to droO Oelow self sustaining levels, threaten to eliminate a Olant
or animal commumW, reduce the number or restrict the range of a rare or endangered Olant or animal sperJes, or eliminate
important examDes of the major periods of Callforum history or prehistory?
Does the project have the ootential to achieve short-term, to the disadvantage of long-term. environmental goals? (A si~ort
term lindact on me emnronment ts one of which occurs An a relatively bnef. definite penoct of time wl~tle long-term
~mpact:; wltl enOute well into the future.)
Does the Orolect have wnl~ac~ whictl individually limited, but cumutatNely consideral}le? (A project may impact on two or
more separate resources vmere the impact on eac~ resource is relatNely Small, but wf~ere the effect of the total of those
/mpact,,: on the environment is significant).
Does ti"e Droject have environmental effects which wd/cause substantial adverse effects on human beings, either directly
or ind~re:ctly?
Y
N
III.
FINDINGS OF DETERMINATION
(Projects where a NegatNe Declaration or EIR has not been Orev~ousry pre;ared, or where a ¢)revious document will not be utilized.)
THE BASIS OF THIS INITIAL EVALUATION (chec~ one}:
it has been found that the 13roOdsad Oroject COULD NOT have a significant effect on the envsronment; therefore, a
NEGATIVE DECLARATION will be 0repared.
It has been found that although the OroC}osed Oroject could have a significant effect on the enwronment, there will not be
a sKinificant effect in this case because MITIGATION MEASURES, as mclentted in the Oiscuseion of Environmentll
Impacts. have been incorporated into the Iorolect; ~erefore, a NEGATIVE DECLARATION will be prepared.
It has been found that the proposed project MAY have a s~gnh'icant effect on the environment, and an EIR
(ENVIRONMENTAL IMPACT REPORT) will be prepared.
c . Assistant Planner
DATE: 7/2.,'~/~'
s: \McCabc\HillsidcExB, wpd
June 29, 1998
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern
PAMELA A. MCCARTHY, 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 the 12th day of August , 1999 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3919 , passed by the
Bakersfield City Council at a meeting held on the 1 l th day of August 1999 , and
entitled:
AN ORDINANCE ADDING CHAPTER 17.66 TO THE BAKERSFIELD
MUNICIPAL CODE RELATING TO HILLSIDE DEVELOPMENT.
Is/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
S:\DOCUMENT~z~,OPOSTING
August 12, 1999