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HomeMy WebLinkAboutORD NO 4059 4059 ORDINANCE NO. AN ORDINANCE AMENDING TITLE SIXTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY AMENDING SUBSECTIONS 16.16.010 E; 16.16.060 A.2; AND 16.20.060 B.3; AND ADDING SECTIONS 16.28.170 B.5. AND 16.28.170 D.4 RELATIVE TO OIL WELLS AND PRODUCTION. 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 subsections 16.16.010 E; 16.16.060 A.2; and 16.20.060 B.3; and adding Sections 16.28.170 B.5. and 16.28.170 D.4.; and WHEREAS, as said hearing, related amendments to Titles 15 and 17 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 said amendments add provisions expand 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, in addition, add minimum lot frontage length and width for drill islands consistent with related regulations in Titles Fifteen and Seventeen of the Bakersfield Municipal Code; 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 16 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 SECTION 1. follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as 1. 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 and general welfare justify the requested amendments to Title16 of the Bakersfield Municipal Code. The proposed amendments are consistent with the goals and policies of all elements of the general plan. SECTION 2. Subsection E of 16.16.010 of the Bakersfield Municipal Code is hereby amended to read as follows: Every person submitting a tentative map shall also submit 2 sets of postage prepaid, unsealed envelopes addressed to all mineral owners and lessees of record appearing on the title report, and as shown in the State of California Department of Conservation, Division of Oil, Gas and Geothermal Resources (herein this title referred to as D.O.G.G.R.) records as operator of record as of 30 days of the date of application of the tentative map. The applicant shall submit a copy of the letter from D.O.G.G.R. with the subdivision application. The letter from D.O.G.G.R. shall list said name of operator of record and their addresses as shown in D.O.G.G.R.'s records or a written statement from D.O.G.G.R. that there is no party of record with D.O.G.G.R. relative to the subject site. If the application includes a request for waiver of signatures as described in Section 16,16.040, the envelopes shall contain a copy of said waiver request. SECTION 3. Subsection A.2 of 16.16.060 of the Bakersfield Municipal Code is hereby amended to read as follows: By mailing a notice, postage prepaid, to the applicant; to the owner of the property to be subdivided or the owner's duly authorized agent; to the owners of interests in mineral or hydrocarbon substances where combined with right of entry; and to lessees of mineral or hydrocarbon substances, using for purposes of notifying owners, mineral owners and lessees the names and addresses as shown on the preliminary title report required by Section 16.16.010 D. and shown on information required by Section 16.16.010 E.; to the owners of all property within 300 feet of the exterior boundaries of the property involved, using for these purposes, the names and addresses as shown on the last equalized county assessment roll; to each local agency (if not the City) expected to provide water, sewage, streets, roads, schools or other essential facilities to the project, whose ability to provide those facilities and services may be significantly affected; and any other person filing with the Planning Director a written request for notice. SECTION 4. Subsection B.3. of 16.20.060 of the Bakersfield Municipal Code is hereby amended to read as follows: At least 30 days prior to the date of hearing on the tentative map, the subdivider has given written notice, by registered mail or if impracticable as determined by the Planning Director, by publication once in a newspaper of general circulation. Notice shall be given to each mineral owner and lessee of record who has not waived his right of surface entry underlying the subdivision as set forth in the preliminary title report required by Section 16.16.010 D. and as shown in D.O.G.G.R. records as operator of record as of 30 days of the date of application of the tentative map. Said notice shall include a statement of intent to reserve a drill site or sites as defined in Section 15.66.060 C. of the Municipal Code on or within a practicable distance of the subdivision map as determined by the advisory agency, and as to which the owner of the mineral interest 3 had a right of access and use, is or has been reserved and is delineated and labeled as such on the approved tentative map for the subdivision or, if outside the boundaries of the subdivision, is specifically described on the approved tentative map. Said notice shall also include the nature and location of the project, including a tract or parcel map number and a clearly drawn location map of the project area, and the tentative date, time and place of the hearing. A copy of the notice and proof of mailing shall be provided to the Planning Director within 10 days of the mailing/publication date. The advisory agency may require the subdivider to install a wall or fence and landscaping around any or all reserved drill sites and that adequate provisions be made for maintenance thereof. Approval by the advisory agency of a reserved drill site shall constitute approval to drill thereon upon compliance with all conditions and mitigation required under other applicable regulations and processes. Such reservation shall remain in effect for a period not less than 10 years from approval of the tentative map. The commencement of drilling and/or extraction of minerals upon that site shall automatically extend the 10 year time period until operations on the drill site are properly abandoned to the satisfaction of the D.O.G.G.R.. If no drilling and/or extraction of minerals occurs on the drill site within 10 years and the surface fee owner has provided notice and documentation as required in Section 16.20.060 B.4., or upon the Planning Director receiving proof of well abandonment to the satisfaction of the D.O.G.G.R., the surface fee owner may apply for tentative map approval on a drill site(s) or, by written correspondence to the Planning Director, may request that the Planning Commission conduct a public hearing to consider the filing of an amending map to remove the drill site(s) reservation designation from the final map. Said request shall be processed as an amending map in accordance with Section 66472.1 of the Map Act. Said request shall include a preliminary title report covering all easements, ownerships and title with respect to the drill site parcel(s), including mineral owners and lessees of record as set forth in the preliminary title report required by Section 16.16.010 D., and 2 sets of postage prepaid, unsealed envelopes addressed to all mineral owners and lessees of record appearing on the title report. Notice of public hearing shall be in accordance with 16.16.060. Prior to approval of an amending map to remove the drill site(s) reservation, the applicant shall either: present evidence to the satisfaction of the advisory agency as required under 16.20.060 B.4 that production of minerals from beneath the subdivision is improbable, or proof of well abandonment for operations on the drill site to the satisfaction of the D.O.G.G.R. shall be presented to the advisory agency. 4 Notwithstanding the above, nothing shall prevent an amending map or tentative map from being considered by the advisory agency for purposes of eliminating the drill site(s) designation at any time if the subdivider has obtained waiver(s) of surface entry pursuant to 16.20.060 B.1 or B.2. At least 30 days prior to the date of hearing on the tentative map, the subdivider has given written notice by registered mail, or if impracticable as determined by the Planning Director, by publication once in a newspaper of general circulation, to each owner of record of mineral rights and each mineral lessee of record as set forth in the preliminary title report required by Section 16.16.010 D. and as shown in D.O.G.G.R. records as operator of record as of 30 days of the date of application of the tentative map, who has not waived his right of surface entry underlying the subdivision, of intent to make the showing provided for in this subsection, and has presented at the hearing competent, technical evidence establishing to the satisfaction of the advisory agency that production of minerals from beneath the subdivision is improbable. Said notice shall also include the nature and location of the project, including a tract or parcel map number and a clearly drawn location map of the project area, and the date, time and place of the hearing. A copy of the notice and proof of mailing shall be provided to the Planning Director within 10 days of the mailing/publication date. The provisions of subsection B. of this section shall be applicable to any final parcel map unless each parcel created thereby has a gross area of 20 acres or more. The provisions of subsection B. of this section shall not be applicable to any tract map or final parcel map which further subdivides property which has been previously subdivided and to which the requirements of subsection B. were applied at the time of the previous subdivision, unless said tract or parcel map proposes subdivision of a drilling site. For purposes of subsection B. of this section, a party's ownership of a fractional portion of an undivided interest in minerals shall be considered a separate interest in the mineral estate. For example, ownership of 1/100th's of a ¼ undivided interest in the mineral estate shall be considered ownership of ½% of the mineral estate. SECTION 5. Section 16.28.170 B.5. of the Bakersfield Municipal Code relative to minimum lot frontage is hereby added to read as follows: 5. Drill site required pursuant to Section 15.66.080 C: 305 feet. 5 SECTION 6. Section 16.28.170 D.4 of the Bakersfield Municipal Code relative to minimum lot width is hereby added to read as follows: The minimum width for a drill site required pursuant to Section 15.66.080 C shall be 305 feet, unless otherwise approved by the Planning Commission in accordance with Section 16.28.170 O. SECTION 7. 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. .......... 000 .......... 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 MAY 2 2 ;~t)~2 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGiO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED MAY 2 2 2002 Council of the City of Bakersfield APPROV~) as to form: by V~RGINIA ~"EI~ARO DEPUTY CITY A'I-I'ORNEY S:\JENG\oil\CC\clean\OrdCh16.wpd May 3, 2002 6 ORIGINAl AFFIDAVIT OF POSTING DOCUMENTR 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. 4059 , passed by the Bakersfield City Council at a meeting held on the 22nd day of May 2002 and entitled: AN ORDINANCE AMENDING TITLE SIXTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY AMENDING SUBSECTIONS 16.16.010 E; 16.16.060 A.2; AND 16.20.060 B.3; AND ADDING SECTIONS 16.28170 B.5 AND 16.28170 D.4 RELATIVE TO OIL WELLS AND PRODUCTION. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield ©RIGINAi