HomeMy WebLinkAboutORD NO 3817ORDINANCE NO. 8 8 ] 7
AN ORDINANCE AMENDING SECTION 15.78.030 B
OF TITLE FIFTEEN OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO LAND ENCUMBERED
BY ELECTRICAL TRANSMISSION LINE EASEMENTS.
WHEREAS, the Planning Commission of the City of Bakersfield held a public hearing on
September 18, 1997 to consider amending Section 15.78.030 B of the Bakersfield Municipal
Code to add to the list of projects exempt from payment of Habitat Conservation Plan fees, the
area of land encumbered with a electrical transmission line easement, if the easement area is
incorporated as a functional design component of the development; and
WHEREAS, at the conclusion of said hearing, the Planning Commission adopted
Resolution No. 107-97 making findings and recommending to the City Council approval of the
proposed Negative Declaration and ordinance amendment as set forth in said resolution; and,
WHEREAS, for the above-described project, 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 posted on October 24, 1997, in accordance with
CEQA; and
WHEREAS, the laws and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA and City of Bakersfield Resolution No. 76-97 have
been duly followed by city staff, the Planning Commission and this Council; and,
WHEREAS, the City Council considered and approved the related amendments
to the Land Use Element policies (P97-0395) which require incentives and cooperation with
utility companies and developers to plan, incorporate, and use land encumbered with electrical
transmission easements as functional design components of developments; and
WHEREAS, the ordinance amendment is necessary to implement such policies of the
Land Use Element of the Metropolitan Bakersfield 2010 General Plan relating to planning and
incorporation of land encumbered with electrical transmission line easements into development;
and
WHEREAS, said ordinance amendment described herein implement these Land
Use Element and Parks Element policies and implementation measures; and
WHEREAS, the City Council has considered and makes the following findings:
1. All required notices have been given.
2. The provisions of CEQA have been followed.
3. The Negative Declaration is hereby approved and adopted.
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4. The proposed ordinance amendments are consistent with the objectives, goals
and policies of the Metropolitan Bakersfield 2010 General Plan.
NOW, THEREFORE BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
SECTION 1.
Section 15.78.030 B of the Bakersfield Municipal Code is hereby amended to read as
follows:
t5.78.030
B. H.M.F. will not be required for the following:
1. Additions, remodels or reconstructions totaling not more than 50 percent
increase from the square footage of the pre-existing development.
2. Mobilehome replacement.
3. Oil and gas production and extraction including accessory or incidental
structures and improvements.
4. Commercial agricultural practices, uses and structures including but not
limited to tillage, cultivation, grading, ditching, storage, stacking, barns, equipment buildings and
agricultural housing.
5. Development of any parcel for which the United States Fish and Wildlife
Service and California Department of Fish and Game has approved other mitigation procedures
through issuance of 2081 and 10(a)(1)(B) permits constituting full mitigation.
6. Local public projects less than ten (10) acres in size undertaken for
strictly public purposes and incidental to urban growth.
7. Demolition.
8. Those projects having already paid the Interim HCP fee are exempt for
the area covered b the previous fee payment.
9. Development within residentially zoned areas encumbered with electrical
transmission line easements.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective thirty (30) days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
the City Council of the City of Bakersfield at the regular meeting thereof held on January 28,
1998 by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN,
t;OES: COUNCILMEMBER '~N.~, ~
ABSTAIN: COUNCIlEMBER
~: COUNCilEMBER ~ ~ -~
CITY CLERK and Ex Officio Cle~'of the
Council of the City of Bakersfield
APPROVED "JAN 2 8 1998
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
DEPUTY CITY ATTORNEY
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(December 23, 1997)
Page 3 of 3
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 30th day of January, 1998, she posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No. 3817, passed by the Bakersfield City
Council at a meeting held on the 28th day of January, 1998, and entitled:
Ordinance amending Section 15.78.030B of Title Fifteen of the Bakersfield
Municipal Code relating to land encumbered by electrical transmission line easements.
/s/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk