HomeMy WebLinkAboutRES NO 183-87RESOLUTION NO. 183-87
A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD APPROVING AND ADOPTING FEE
FOR MITIGATING DEVELOPMENT IMPACTS ON
FEDERALLY AND STATE PROTECTED SPECIES WITHIN
THE CITY OF BAKERSFIELD.
WHEREAS, the requirements of Section 54992 of the
California Government Code have been satisfied as they relate to
revision of planning, zoning, development and related processing
fees;
and
WHEREAS, the City Council, at a regularly scheduled
meeting of the City Council held Septembeer 23, 1987 and upon the
information presented at such meeting, expressly determines and
finds that the fee set forth below, for the study and mitigation
of impacts on federally and state protected species due to devel-
opment within the City of Bakersfield, does not exceed the esti-
mated reasonable cost of such study and mitigation.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield that a fee of six hundred eighty and 00/100
($680.00) per gross acre, for study of and mitigation of impacts
upon of endangered species, be levied on non-exempt uses as spec-
ified in Ordinance No. 3122 Such fee is hereby approved and
adopted, effective immediately~
.......... o0o ..........
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 on the 23rd day of~Septembe~ 1987 by the
following vote:
CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
the
APPROVED this 23rd ~ay of Septembgr1987
MAYOR of the City of/Bakersfield
APPROVED as to form:
C TTOR of the City of Bakersfield
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METHOD FOR DETERMINING INTERIM MITIGATION
Based on figures provided in the Bakersfield 2010 Administrative
Draft and Technical Report Document, the area likely to be urban-
ized within the next 30 years due to Bakersfield metropolitan
area growth was displayed on a map. Within this area, the city
mapped and quantified areas under agricultural, vacant, and oil-
field land use from 1985 aerial photos.
The number of acres under these uses were calculated as follows:
Agriculture Vacant (Habitat) Oilfield
40,106 11,750 2,320
Assumptions:
- All vacant (non-agricultural) land was assumed to be
habitat.
All vacant land expected to be urbanized within the
30-year growth period must be "mitigated" at a cost of
$3,000 per acre.
- Oilfield land use areas are not included in the formula.
- Habitat mitigation costs are to be spread over urban deve-
lopment throughout the study area.
FORMULA:
Vacant land x 3,000 = mitigation cost
11,750 x 3,000 = $35,250,000
$35,250,000 + (vacant land + agricultural land) = cost/acre
$35,250,000 + 51,856 = $680 per acre
NOTE:
This fee is only interim. The results of the H.C.P. are
expected to substantially amend the method, assumptions and
formula through which it was derived.
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Initial Study
PROJECT:
LOCATION:
APPLICANT:
Ordinance, Resolution and Memorandum of Understanding Adoption
to allow collection of development fees to mitigate impacts on
endangered species in Bakersfield.
The City of Bakersfield in the County of Kern
The City of Bakersfield
PROJECT DESCRIPTION:
The City is proposing to adopt an Ordinance, Resolution and Memorandum of
Understanding for the purpose of collecting development fees to mitigate
impacts on protected plant and animal species within Bakersfield.
BACKGROUND:
The City of Bakersfield has initiated a Habitat Conservation Plan (H.C.P.)
for the purpose of obtaining an Endangered Species Act Section 10(a) permit
from the Department of the Interior.
As part of this process, which is expected to require at least two years to
complete, a Steering Committee has determined that a form of "interim
mitigation" is necessary to address the endangered species issue and allow
reasonable urban'development to occur.
ANALYSIS:
The instruments (subject to adoption) would allow the City to collect $680
per acre of private urban development. Fees would be collected at the
building permit stage.
Fees would be placed in an account and used for payment of H.C.P. prepara-
tion and acquisition or enhancement of endangered species habitat. It is
expected that the use of funds not used toward H.C.P. preparation will be
determined through the H.C.P. process, which will designate priority areas
for acquisition and enhancement.
Note: This initial study does not cover the H.C.P. The H.C.P. will have
its own EIR/EIS document. The H.C.P. would result in a new mitigation/fee
structure.
ENVIRONMENTAL DESCRIPTION:
The City of Bakersfield is a rapidly growing metropolitan area in the
southern San Joaquin Valley with a population of approximately 153,000,
The City encompasses about 80 square miles. Much of the vacant land within
the City is utilized in some way by the San Joaquin Kit Fox. a federally
listed endangered animal species. Due to the protection afforded endan-
gered species throuqh the Federal Endangered Species Act. there is a need
to mitigate development impacts to this (and possible other) species.
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I BACKGROUND
APPENDIX I
ENVIRONMENTAL CHECKLIST FORM
(To be completed by Lead Agency)
II
1. Name of Proponent: City of Bakersfield
Address and Phone Number of Proponent:
1501 Truxtun Avenue
Bakersfield, CA 93301
(805) 326-3733
3. Date of Checklist Submittal: August 7, 1987
4. Agency Requiring Checklist: City of Bakersfield
Name of Proposal, if applicable: Ordinance, Memorandum of Understanding,
and actions resulting in the collection of development fees for mitigating
impacts on endangered spieces.
ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required on
attached sheets.)
YES
MAYBE NO
1. Earth Will 'the proposal result in:
a. Unstable earth conditions or in
changes in geologic substructures?
X
X
X
X
X
b. Disruptions, displacements, compac-
tion or ,~vercovering of the soil?
c. Change in topography or ground surface
relief features?
The destruction, covering, or modification
of any unique geologic or physical
features?
e. Any increase in wind or water erosion
of soils, either on or off the site?
Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or
the bed of the ocean or any bay, inlet
or lake?
X
1. Earth (continued)
g. Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure,
or similar hazards
2. Air Will the proposal result in:
a. Substantial air emissions or deterioration of
ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement. moisture or
temperature, or any change in climate, either
locally or regionally?
3. Water Will the proposal result in:
a. Changes in currents, or the course or
direction of water movements, in either marine
or fresh water?
b. Changes in absorption rates, drainage
patterns, or the rate and amount of surface
water runoff?
c. Alterations to the course or flow of
flood waters?
d. Change in the amount of surface water in
any water body?
e. Discharge into surface waters, or in any
alteration of surface water quality, including
but not limited to temperature, dissolved
oxygen or turbidity?
f. Alteration of the direction or rate of
flow of ground waters?
g. Change in the quantity of ground waters,
either through direct additions or withdrawals,
or through interception of an aquifer by cuts
or excavations?
h. Substantial reduction in the amount of
water otherwise aw~ilable for public water
supplies?
YES
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MAYBE NO
X
X
X
X
X
X
X
X
X
X
3. Water (continued)
i. Exposure of people or property to water
related hazards such as flooding or tidal waves?
j. Will the proposal result in water service
from any public or private entity?
4. Plant Life Will the proposal result in:
a. Change in the diversity of species or number
of any species of plants (including trees,
shrubs. grass, crops, microflora and aquatic
plants)?
b. Reduction of the numbers of any unique,
rare or endangered species of plants?
c. Introduction of new species of plants
into an area, or in a barrier to the normal
replenishment of existing species?
d. Reduction in acreage of any agricultural
crop?
5. Animal Life Will the proposal result in:
a. Change in the diversity of species or
numbers of any species of animals (birds, land
animals including reptiles, fish and shellfish,
benthic organisms,, insects or microfauna)?
b. Reduction of the numbers of any unique,
rare or endangered species of animals?
c. Introduction of new species of animals
into an area, or result in a barrier to the
migration or movement of animals?
d. Deterioration to existing fish or wild-
life habitat?
6. Noise Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?
YES MAYBE
See Comment
See Comment
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10.
11.
12.
13.
Light and Glare Will the proposal produce
new light or glare?
Land Use Will the proposal result in a
substantial alteration of the present or
planned land use of an area?
9. Natural Resources Will the proposal result in:
a. Increases in the rate of use of any natural
resources?
b. Substantial depletion of any nonrenewable
natural resource?
Risk of Upset Does the proposal involve a risk
of an explosion or the release of hazardous
substances (including, but not limited to, oil,
pesticides, chemicals or radiation) in the event
of an accident or upset conditions?
Population Will the proposal alter the location,
distribution, density or growth rate of the
human population of an area?
Housing Will the proposal affect existing
housing, or create a demand for additional
housing?
Transportation/Circulation Will the proposal
result in:
a. Generation of substantial additional
vehicular movement?
b. Effects on existing parking facilities,
or demand for new parking?
c. Substantial impact upon existing trans-
portation systems?
d. Alterations to present patterns of circu-
lation or movement of people and/or goods?
e. Alterations to waterborne, rail or air
traffic?
f. Increase in traffic hazards to motor
vehicles. bicyclists or pedestrains?
YES
MAYBE
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X
X
X
X
X
X
X
X
X
X
X
X
X
14.
Public Services Will the proposal have an
effect upon, or result in a need for new or
altered governmental services
following areas:
a.
b.
C.
d
e,
in any of the
Fire protection?
Police protection?
Schools?
Parks or other recreational
Maintenance of public facilities,
facilities?
including
roads?
f. Other governmental services?
15. Energy Will the proposal result in:
a. Use of substantial amounts of fuel or
energy?
b. Substantial increase in demand upon
existing sources of energy, or require the
development of new sources of ~nergy?
16. Utilities Will the proposal result in a need
for new systems, or substantial alterations to
the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
17. Human Health Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health
hazards?
YES
MAYBE
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X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
18.
19.
20.
Aesthetics Will the proposal result in the
obstruction of any scenic vista or view open to
the public, or will the proposal result in the
creation of an aesthetically offensive site
open to public view?
Recreation Will the proposal result in an
impact upon the quality or quantity of exist-
ing recreational opportunities?.
Archeolo§ical/Historical Will the proposal
result in an alteration of a significant arch-
eological or historical site, structure, object
or building?
21. Mandatory Findings of Significance
(a) Does the project have the potential to
degrade the quality of the environment, sub-
stantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop, below self sustaining
levels. threaten to eliminate a plant or
animal community, reduce the number or re-
strict the range of a rare or endangered plant
or animal or eliminate important examples of
the major periods of California history or pre-
history?
(b) Does the project have the potential to
achieve short-term, to the disadvantage of
long term, environmental goals? (A short-term
impact on the environment is one of which occurs
in a relatively brief, definitive period of
time while long-term impacts will endure well
into the future).
(c) Does the project have impacts which are in-
dividually limited, but cumulatively considerable?
(A project may impact on two or more separate re-
sources where the impact on each resource is
relatively small~ but where the effect of the
total of those impacts on the environment is
significant.)
(d) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
YES MAYBE
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III.
IV.
DISCUSSION OF ENVIRONMENTAL EVALUATION
DETERMINATION
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find the proposed project COULD NOT have a significant effect on the
environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in
this case because revisions in the project plans or proposals made by
or agreed to by the applicant before the proposed negative declaration
is released for public review (or conditions of project approval) would
avoid the effects or mitigate the effects to a point where clearly no
significant effects would occur. and there is no substantial evidence
before the cit.y that the project as revised (or conditioned) may have a
significant effect on the environment and that a NEGATIVE DECLARATION
WILL BE PREPAR~ED.
i find the prol~osed project MAY have a significant effect on the environ-
ment, and an ENVIRONMENTAL IMPACT REPORT is required.
Date August 7, 1987 /~~-~ ~
~ ~.~<~Signature)
For Jack Hardisty
APPENDIX I
CHECKLIST REPONSES
4.&5.
Plant and Animal Life
Comment .. The proposed fees would provide interim mitigation for
any protected plant and animal species identified in the H.C.P.
Fees would be set aside for the purposes of:
1) Financing Habitat Conservation Plan
2) Acquisition and/or enhancement of land identified for such
purposes in the H.C.P.
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