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Home My WebLink AboutRES NO 146-90RESOLUTION NO. 146-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, APPROVING NEC~ATIVE DECLARATION AND APPROVING SEGMENT I OF PROPOSED AMENDM~fTO'£~ LAND USE ~T.~ OF THE METROPOLITAN BAKERSFIELD 2010 GEB~dtL PLAN (LAND USE ~ 3-90). WHEREAS, the Council of the City of Bakersfield referred Segment I of a proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan to the Planning Commission; and WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on September 20, 1990, on Segment I of a proposed amendment to the Land Use Element of the General Plan, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment I of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows: The CITY OF BAKERSFIELD has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use designation from General Commercial to Low Density Residential on five +/- acres located along the south side of Harris Road approximately 1,600 feet east of Ashe Road and 3,000 feet west of Stine Road; and WHEREAS. for the above-described Segment, an Initial Study was conducted, and it was determined that the proposed project would not have a significant effect on the environment, and a Negative Declaration was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution No. 107-86 have been duly followed by the City staff and the Planning Commission; and WHEREAS, by Resolution No. 38-90 on September 20, 1990, the Planning Commission recommended approval and adoption of Segment I subject to conditions, and this Council has fully considered the findings made by the Planning Commission as set forth in that Resol~ltion; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, N~ER 7, 1990, on the above-described Segment I of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of time and place of the hearing having been given an least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The findings of the Planning Commission, set forth in Resolution 38-90, are true and correct. 3. The Negative Declaration for Segment I is hereby approved and adopted. 4. The .report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 5. The City Council hereby approves and adopts Segment I of the proposed amendment to the Land Use Element of the Bakersfield Metropclitan Area General Plan, with incorporation therein of the conditions of approval attached hereto as Exhibit "A" and incorporated as though full set forth. .......... o0o .......... 2 I BEA{EBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on N0V 7 1990 , by the following vote: AYES: COUNCILMEMBERS EDWARDS, Oe~OND, SMITH, "RUNNI, PETERSON, McDEP, MOTr, SALVAGGIO NOE'S: COUNCILMEMBERS ,,~.0,~'£ ABSENT COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED NOV 7 1990 CLARENCE E. ~R~DERS MAYOR of the City of Bakersfield APPROVED as to form: ACTING CITY A~TORNEY of the City of Bakersfield LCM/meg Attachment Exhibit "A" GPA\ 3-90SEG1.RES ]0/31/90 3 GENERAL PLAN AMENDMENT 3-90, SEGMENT I I I aGO ~OS, RZ7E 21 CITY OF ~r.'~ n FROM C,C 10 LR EXHIBIT "A" Conditions of Approval GPA 3-90, Segment I Zone Change 5063 1. Advisory Notice The San Joaquin kit fox (Vulpes macrouis mutica), a federally-listed endangered species, exists throughout the Bakersfield metropolitan area. Kit foxes excavate dens for shelter, to raise pups, and to escape from predators such as coyotes. Denning sites may occur on vacant lots in the Bakersfield area where development is planned. Section 9 of the Endangered Species Act of 1973, as amended (Act), prohibits the "take" of federally listed endangered and threatened species. As defined under the Act, take means "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or the attempt to engage in any such conduct." "Incidental take" (defined as take that is inci- dental t~ and riot the purpose of, the carrying out of an otherwise lawful activity) may be authorized by obtaining an "incidental take permit" pursuant to Section 10(a) of the Act. The City of Bakersfield and County of Kern are currently developing a regional conservation plan that will balance future urban growth with the conservation of the San Joaquin kit fox and other sensitive plants and animals. Once approved, this conservation plan will fulfill the primary requirement for obtaining a Section 10(a) permit from the U.S. Fish and Wildlife Service to allow incidental. take of the kit fox and other species during development activities. However, while this plan is being developed, and until the Section 10(a) permit is issued, specific measures must be implemented to prevent unauthorized incidental take of San Joaquin kit foxes and to offset any loss of kit fox habitat resulting from ongoing construction actions. To comply with these measures, all persons and companies planning to engage in construction or other activities that may impact San Joaquin kit foxes or their habitats within the prescribed conservation plan boundaries are required to undertake the following specific measures for the kit fox: Prior to ground disturbance, biological surveys for kit foxes and their dens that conform to U.S. Fish and Wildlife Service minimum survey recommendations shall be conducted by a qualified wildlife biologist. A partial list of bio].ogists and consulting firms that are quali- fied to conduct such surveys is attached for your convenience.. Persons requiring further information on minimum survey recommendations should contact Bill Lehman of the Service's Sacramento Field Office at (916) 978-4866. Exhibit "A" GPA 3-90, Segement Zone Change 5063 Page 2 All known and potential San Joaquin kit fox dens that will be unavoidably destroyed by project actions shall be carefully excavated by or under the direct supervision of a qualified wildlife biologist. Dens shall be completely excavated and subsequently backfilled and compacted to prevent later use by kit foxes prior to onset of project construction. Monitoring of dens pursuant to Service recommendations shall be conducted prior to excavation to ensure that dens are not occupied by kit foxes when excavated. If a kit fox is inadvertently found inside a den during excavation, the animal(s) shall be allowed to escape unhindered. Information on den definitions and monitoring recommendations can be obtained by contacting the Sacramento Field Office. To protect female San Joaquin kit foxes and their pups during the breeding season, no development activities likely to result in incidental take of kit foxes and no excavation .of kit fox dens shall be permitted on any property within the prescribed conservation plan bounda- ries from January 1 to April 30, if biological surveys conforming to Service minimum surly recommendations dem- onstrate the presence of kit foxes on the subject property. ;~inimum survey recommendations for the period from January 1 to April 30, and for one calendar week preceding January 1, shall consist of seven consecutive nights of negative survey results where methods include spotlightin,j, scent stations, and placing of tracking medium at all known and potential kit fox dens on the subject property. This shall be enforced unless: Subsequent surveys demonstrate that kit foxes have vacated the property on their own, without any form of deliberate human disturbance within 100 feet of or directly to kit fox dens; Circular exclusion zones of 100 feet in radius are staked and flagged around all known and potential kit fox dens on the subject property. Development could then proceed on the balance of the property that is outside these exclusion zones; Survey information collected by a qualified wildlife biologist indicates that incidental take of kit foxes resulting from den excavations should not occur, provided that such information is presented in writ- ing to the Service's Sacramento Field Office and the Service concurs in writing. Exhibit "A" GPA 3-90, Segment Zone Change 5063 Page 3 As a means of offsetting the unavoidable loss of endan- gered species habitat associated with development, a fee is required by the City or County. This fee is being assessed upon submittal of a building permit. Specific fee amounts will vary with the size of planned project development. For further information regarding these measures, please con- tact Ms. Michelle Suverkrubbe of the City of Bakersfield Planning Department, 1501 Truxtun Avenue, Bakersfield, California 93301 (805/326-3733), or the U.S. Fish and Wildlife Service, Sacramento Field Office, 2800 Cottage Way, Room E-1823, Sacramento, California 95825 (916/978-4866). Prepared By United States Department of the Interior, Fish and Wildlife Service. p/srslea