HomeMy WebLinkAboutORD NO 4060ORDINANCE NO. ~ ~ ~ 0
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE RELATIVE TO CHAPTERS
17.46 DI (DRILLING ISLAND DISTRICT) AND 17.47 PE
(PETROLEUM EXTRACTION COMBINING DISTRICT) AND
SECTION 17.64.050 B.3.
WHEREAS, in July, 2001, the Planning Commission appointed a sub-committee
entitled "Oil Well/Drilling Operations Committee," to review oil drilling and production
regulations contained in Titles 15, 16 and 17 of the City of Bakersfield; and
WHEREAS, said committee meetings were held between August and November
2001 and attended by mineral interests and development interests; and
WHEREAS, on December 20, 2001, the Planning Commission adopted a
motion to transmit the sub-committee's recommendation to the Urban Development Committee
of the City Council; and
WHEREAS, the Urban Development Committee met on January 14, 2002 and
February 11, 2002, and voted unanimously to forward a recommendation to the City Council to
refer ordinance amendments related to oil drilling and production to the Planning Commission
for public hearings; and
WHEREAS, on March 20, 2002, the City Council accepted the Urban
Development Committee Report No. 1-02 and referred the proposed amendments to the
Planning Commission for public hearing and recommendation; and
WHEREAS, in accordance with the procedure set forth in the provisions of Title
17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public
hearing on April 4, 2002 relative to amending Chapters 17.46 (Drilling Island District) and 17.47
(Petroleum Extraction Combining District), and Section 17.64.050 B.3; and
WHEREAS, as said hearing, related amendments to Titles 15 and 16 of the
Bakersfield Municipal Code were also considered by the Planning Commission; and
WHEREAS, the intent of the Urban Development Committee and the Planning
Commission subcommittee is to consolidate and clarify local regulations governing oil well
drilling and production; and
WHEREAS, the amendments to Chapters 17.46 and 17.47 propose to facilitate
listing of the development standards for oil we, drilling and production in Chapter 15.66; and
WHEREAS, the amendment to Section 17.64.050 facilities expanded public
notice opportunity by adding a requirement to obtain the "operator of record" from the Division
of Oil, Gas and Geothermal Resources, if such operator is on record with the Division; and
WHEREAS, as a result of said hearing, the Planning Commission did make
several general and specific findings of fact by adoption of Resolution No.39-02 recommending
approval and adoption of an ordinance amending Title 17 of the Municipal Code approving the
proposed amendments; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, the above described project is Categorically Exempt from the
requirements of the California Environmental Quality Act in accordance with Section 15061
(b)(3), general rule; and
WHEREAS, no environmental impacts have been identified; and
WHEREAS, the Council has fully considered the recommendations made by the
Planning Commission as set forth in that Resolution 39-02, and all appear to be true and
correct; and
as follows:
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
2.
3.
4.
5.
All of the foregoing recitals are hereby found to be true and correct.
The provisions of the California Environmental Quality Act (CEQA) have
been followed.
The proposed project is exempt from CEQA pursuant to Section
15061 (b)(3), general rule, of CEQA Guidelines.
The public necessity, general welfare and good zoning practice justify the
requested amendments to Title17 of the Bakersfield Municipal Code.
The proposed amendments are consistent with the goals and policies of
all elements of the general plan.
follows:
SECTION 2.
Chapter 17.46 of the Bakersfield Municipal Code is hereby amended to read as
2
h~llGINN
Sections:
17.46.010
17.46,020
17.46,030
17.46,040
17.46.050
17.46.060
17.46.070
17.46.080
17.46.090
17.46.100
17,46,110
17.46.120
DI
DRILLING ISLAND DISTRICT
Purpose and intent
Permitted uses
Reserved
Reserved
Minimum lot size
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Special review procedures and development standards
17.46.010 PURPOSE AND INTENT.
The purpose of the Drilling Island (DI) District is to designate single lots and discrete
areas within the boundaries of final map subdivisions and mobile home parks that contain
productive or potentially productive petroleum resources to allow mineral access to explore for
and develop such resources and to promote the development of such resources in a manner
compatible with surrounding development. Uses in the DI District are limited to oil and gas
exploration and development, production, storage, transmission, and treatment, and any
accessory or ancillary equipment, structure, or facilities thereto and compatible open space and
passive recreational uses.
17.46.020 PERMITTED USES.
The following uses are permitted in the DI District:
Oil or gas exploration and development, production, storage, transmission, and
treatment, and any accessory or ancillary equipment structure or facilities
thereto, pursuant to the provisions herein.
Subdivision drainage sump, as part of an application for a tentative tract map,
provided that mineral rights owners have given written consent.
17.46.030 RESERVED.
17,46.040 RESERVED.
3
17.46.050 MINIMUM LOT SIZE.
No portion of any lot within the DI District shall contain less than 2½ gross acres in size,
shall have a minimum width of 305 feet and shall demonstrate that all set-back requirements
can be accommodated internally within such lot.
17.46.060
17.46.070
17.46.080
17.46.090
17.46.100
17.46.110
17.46.120
RESERVED.
RESERVED.
RESERVED.
RESERVED.
RESERVED.
RESERVED.
SPECIAL REVIEW PROCEDURES AND DEVELOPMENT STANDARDS.
All drilling and other hydrocarbon development activity in the DI District shall be carried
out in accordance with the standards and procedures set froth in Section 15.66.040 A.
SECTION3.
Chapter 17.47 of the Bakersfield Municipal Code is hereby amended to read as
follows:
PE
PETROLEUM EXTRACTION
COMBINING DISTRICT
Sections:
17.47.010
17.47.020
17.47.030
17.47.040
17.47.050
17.47.060
17.47.070
17.47.080
17.47.090
17.47.100
17.47.110
17.47.120
17.47.130
Purpose and intent
Permitted uses
Uses permitted with a conditional use permit
Reserved
Minimum lot size
Minimum lot area per dwelling unit
Yards and setbacks
Height limits
Minimum distance between structures
Reserved
Reserved
Landscaping
Special review procedures and development standards
4
17.47.010 PURPOSE AND INTENT.
The purpose of the Petroleum Extraction (PE) Combining District is to designate lands
containing productive or potentially productive petroleum resources to promote the
development of such resources in a manner compatible with surrounding development. The PE
District may be applied only to those areas that are zoned Estate (E), Residential Suburban (R-
S), Professional and Administrative Office Zone (CO), Neighborhood Commercial (C-1), or
Regional Commercial (C-2). The uses allowed and the regulations established by the PE
District shall be in addition to the regulations of the base district with which the PE District is
combined.
17.47.020 PERMITTED USES.
The following uses are permitted in the PE District:
Wells for the exploration and development, production, storage, transmission,
and treatment, and any accessory or ancillary equipment, structure, or facilities
thereto, of oil, gas, or other hydrocarbon substances if the well(s) are located
more than 300 feet away from any existing dwelling or existing building utilized
for commercial purposes, excluding those premises utilized solely for storage of
equipment, material, household goods, or similar material.
Deepening or redrilling, within the existing well bore, of any well used for the
production or development of oil, gas, or other hydrocarbon substances, or the
replacement of any production facility which did not require a conditional use
permit on the date drilling began or the date the facility was installed.
Drilling of a replacement well when the original well did not require a conditional
use permit, and when the original well has been abandoned in accordance with
California Division of Oil, Gas and Geothermal Resources regulations and drilling
of a replacement well commences within 1 year of the conclusion of
abandonment procedures, and the replacement well is located within 20 feet of
the original well or is farther from any existing dwelling or commercial building
than the original well.
D. Uses permitted by the base district with which the PE District is combined.
17.47.030 USES PERMITTED WITH A CONDITIONAL USE PERMIT.
While any use may be permitted by conditional use permit pursuant to Subsection B of
Section 17.64.020, the following uses are not permitted in the PE zone except by conditional
use permit issued in accordance with the procedures provided in Chapter 17.64 of this title:
Wells for the exploration and development, production, storage, transmission,
and treatment, and any accessory or ancillary equipment, structure, or facilities
thereto, of oil, gas, or other hydrocarbon substances if the well(s) are located
within 300 feet of any existing dwelling or existing building utilized for commercial
purposes, excluding those premises utilized solely for storage of equipment,
material, household goods, or similar material.
Conditional uses permitted by the base district with which the PE District is
combined.
17.47.040 RESERVED.
17.47.050 MINIMUM LOT SIZE.
Minimum lot size requirements in a PE District are per the requirements of the base
district with which the PE District is combined.
17.47.060 MINIMUM LOT AREA PER DWELLING UNIT.
Requirements for minimum lot area per dwelling unit in a PE District are per the
requirements of the base district with which the PE District is combined.
17.47.060 MINIMUM LOT AREA PER DWELLING UNIT.
Requirements for minimum lot area per dwelling unit in a PE District are per the
requirements of the base district with which the PE District is combined.
17.47.070 YARDS AND SETBACKS.
Yard and setback requirements in a PE District for all uses permitted by the base
district, except for drilling, shall conform to the yard and setback requirements of the base
district with which the PE District is combined.
17.47.080 HEIGHT LIMITS.
Height limit requirements in a PE District for all uses permitted by the base district,
except for drilling shall conform to the height limits of the base district with which the PE District
is combined.
6
17.47.090 MINIMUM DISTANCE BETWEEN STRUCTURES.
Requirements for minimum distance between structures in a PE District for all uses,
except for drilling, shall comply with the base district with which the PE District is combined.
17.47.100 RESERVED.
17.47.110 RESERVED.
17.47.120 RESERVED.
17.47.130 SPECIAL REVIEW PROCEDURES AND DEVELOPMENT STANDARDS.
All drilling and hydrocarbon development activities in a PE District shall be carried out in
accordance with the standards and procedures set forth in Section 15.66.040 A.
SECTION 4.
Subsection B.3 of Section 17.64.050 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to all owners of real property as shown on the latest equalized
assessment roll within 300 feet of real property that is the subject of the hearing.
If the number of owners to whom notice would be mailed or delivered pursuant to
this paragraph or subsection B.1 is greater than 1,000, in-lieu of mailed or
delivered notice, notice may be provided by placing a display advertisement of at
least 1/8th page in at least one newspaper of general circulation within the City at
least 10 days prior to the hearing. Notice of hearing upon each application for a
conditional use permit to allow drilling for and production of petroleum pursuant
to Chapter 15.66 shall be mailed to such owners of all property within 1,000 feet
of the property line containing the well site and to the mineral owner as shown on
the latest equalized assessment roll of the real property that is the subject of the
hearing, and the production operator of record of subject real property as shown
in the State of California Department of Conservation, Division of Oil, Gas and
Geothermal Resources (herein D.O.G.G.R.) records as of 30 days of the date of
application of the conditional use permit. The applicant shall be responsible for
obtaining the operator's name and address from D.O.G.G.R and submitting such
documentation from the Division with the application for a conditional use permit.
7
SECTION 5.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date of its
passage.
.......... 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 ¥~¥ 2 ~. ?nn_~
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGiO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio ~ie~ of the
Council of the City of BakersfT~ld
MAY 2 2
APPRpVJED ,,,f
H'AI~VEY L. HALL
MAYOR of the City of Bakersfield
APPROVE~'as to form:
BART T~/L/TGEN, CitY A~/~)~ RNEY
b9 VII~INIA G~I~N/(RO
DEPUTY CITY ATTORNEY
S:\J E NG\oil\CC\clean\OrdC h 17,wpd
May 3, 2002
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
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 23rd day of May , 2002 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4060 , passed by the
Bakersfield City Council at a meeting held on the 22nd day of May 2002 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO
CHAPTERS 17.46 DI (DRILLNG ISLAND DISTRICT) AND
17.47 PE (PETROLEUM EXTRACTION COMBINING
DISTRICT) AND SECTION 17.64.050 B.3.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
By: ~_
i~E PUTY~ty'~l~rk