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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