HomeMy WebLinkAboutRES NO 145-91RESOLUTION NO. 145-91
A RESOLUTION MAKING FINDINGS AND ADOPTING THE
METROPOLITAN BAKERSFIELD HABITAT CONSERVATION
PLAN SUBJECT TO THE CHANGES IN EXHIBIT "B".
WHEREAS, the Planning Commission of the City of Bakersfield
concluded its public hearings on April 18, 1991, to consider the
Metropolitan Bakersfield Habitat Conservation Plan, and by
Resolution No. 32-91 recommended adoption to the City Council;
and
WHEREAS, the Metropolitan Bakersfield Habitat Conservation
Plan (MBHCP) is described as follows:
The MBHCP is a comprehensive planning tool designed to
mitigate the impacts of urban growth on federally and
state protected plant and animal species. The plan was
developed by a nine member steering committee appointed
by the City Council in 1987. The steering committee
was made up of representatives from local government,
state and federal resource agencies, conservation
groups, and the building and construction industry.
The plan will be the basis for applications to state
and federal wildlife agencies for the following
incidental take permits: A permit under Section 10(a)
of the U.S. Endangered Species Act and a permit under
Section 2081 of the California Endangered Species Act.
In addition, the MBHCP will comply with state and
federal environmental regulations set forth in the
National Environmental Policy Act (NEPA) and the
California Environmental Quality Act (CEQA).
The goal of the MBHCP is to acquire, preserve and
enhance native habitats which support endangered and
sensitive species, while allowing urban development to
proceed as set forth in the Metropolitan Bakersfield
2010 General Plan.
Kern
and
WHEREAS, the MBHCP is a joint City of Bakersfield/County of
Plan for the Metropolitan Bakersfield area;
City
Reid
and
WHEREAS, a nine member Steering Committee appointed by the
Council developed the plan, with the assistance of Thomas
Associates consulting firm;
WHEREAS,
for purposes of acquiring and/or enhancing natural
their habitat preserve value;
and
the plan requires the collection of habitat fees
lands for
WHEREAS, the plan requires an "implementation trust" to be
formed made up of representatives from the City and County with
the primary responsibility of implementing the plan; and
WHEREAS, the plan will be monitored through annual reports
submitted by the trust group to the wildlife agencies issuing the
10(a) and 2081 permits; and
WHEREAS, the plan recommended for approval by the City
Council incorporates responses to input received at public
hearings; and
WHEREAS, for the above-described plan, an initial study was
conducted and it was determined that the proposed project could
have a significant effect on the environment; and
WHEREAS, an Environmental Impact Report was prepared and
considered for certification by the Planning Commission; and
WHEREAS, by Resolution No. 31-91, on April 18, 1991, the
Planning Commission/Planning Advisory Committee recommended
certification of the Final Environmental Impact Report; and
WHEREAS, prior to consideration of the MBHCP the Council
considered the Environmental Impact Report for the project; and
WHEREAS, the rules and regulations relating to the
preparation and adoption of Environmental Impact Reports as set
forth in the California Environmental Quality Act (CEQA) and City
of Bakersfield Resolution No. 107-86 have been duly followed.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct.
2. All required public notices have been given.
3. Findings set forth in Exhibit "A", attached are true
and correct and hereby incorporated by reference.
4. The Metropolitan Bakersfield Habitat Conservation Plan,
with revisions depicted in the attached Exhibits "B" and "C" is
hereby adopted.
......... o0o ..........
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I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held ~UL 17 1§§; by
the following vote:
AYES; COUNCILMEMBERS: EDWARDS, DeMOND, ~-H, 8RUNNI, PETERSON, McDERMOTT, ~IALVA~(~10
NOES; COUNCILMEMS~RS:
ABSENT COUNCILMEMBERS.
A~STAIN: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED ~L ~ 7 ~991
CLARENCE MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
E M. ARDINI
CITY ATTORNEY of the City of Bakersfield
pjt
a:rcchcp
-3-
METROPOLITAN BAKERSFIELD
HABITAT CONSERVATION PLAN
City Council Resolution of Approval
- EXHIBITS -
EXHIBIT A -
EXHIBIT B -
EXHIBIT C -
IMPACTS/MITIGATION/MONITORING/FINDINGS
REWORDING OF PAGE 52
JULY 11, 1991, MEMORANDUM FROM
JACK HARDISTY, PLANNING DIRECTOR
METROPOLITAN BAKERSFIELD HABITAT
CONSERVATION PLAN
EXHIBIT "A"
IMPACT
Loss of
habitat
supporting
federally and
state
protected
species as
identified on
Page 98 of the
MBHCP/EIR
MITIGATION
Collection of
MBHCP fees to
allow
acquisition
and/or
enhancement of
preserve
lands.
The mitigation
must keep pace
with
development
and result in
a net gain of:
a. one acre
of enhancement
for each acre
of open land
lost, or
b. Three
acres of
enhancement
for each one
acre of
natural lands
lost;
whichever is
greater.
ENFORCEMENT/
MONITORING
Implementation
trust will
oversee
implementation
of MBHCP.
Local
government
will colleut
fees at
building
permit stage.
The U.S. Fish
and Wildlife
Service will'
enforce
Section 10(a)
permit.
State
Department of
Fish and Game
will enforce
2081 permit.
Annual reports
will be
provided to
wildlife
agencies by
implementation
trust.
FINDINGS
The MBHCP
incorporates
measures which
avoid or
substantially
lessen the
significant
effect as
identified in
the Final EIR
dated March
1991.
The MBHCP
incorporates
sufficient
monitoring
devices that
ensure
mitigation
will be
implemented.
a:srhcp
EXHIBIT "B"
Rewording of Page 52
Addition of Page 52(a)
52 METROPOLITAN BAKERSFIELD HCP - HABITAT CONSERVA~ON PLAN
Exhibit "B"
Page 2
5 2 ( a ) METROPOI. ITAN I~,~U(ER,~'IELD HCP - HABITAT CON~ERVA~ON PLAN
projects. a large pro~ec~ could Include open space as preserve or buffer land