Loading...
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