HomeMy WebLinkAboutORD NO 5091ORDINANCE NO. 5 09 1
ORDINANCE AMENDING SECTION 16.20.060 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO FINAL TRACT
MAPS TO REFLECT THE NAME CHANGE FROM THE DIVISION
OF OIL AND GAS RESOURCES (D.O.G.G.R.) TO THE
GEOLOGIC ENERGY MANAGEMENT DIVISION (CALGEM)
OF THE DEPARTMENT OF CONSERVATION, STATE OF
CALIFORNIA.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.20.060 of the Bakersfield Municipal Code are hereby amended
to read as follows:
16.20.060 Statement of parties having record title interest.
A statement, signed and acknowledged by all parties having any record title
interest in the real property subdivided, consenting to the preparation and
recordation of the final tract map is required, except as omitted pursuant to this
section.
A. The signatures of each party owning a recorded interest in, or right to, minerals,
including, but not limited to, oil, gas, or other hydrocarbon substances, not
including lessees of such rights, shall be required unless his or her name and the
nature of his or her respective interest are stated on the final map and the advisory
agency determines, or on appeal the city council finds, at least one of the
following applies:
1. The party's right of surface entry has been expressly waived by recorded
document, including, but not limited to, quitclaim deed and/or reservation.
2. The party's interest is less than twenty percent of the mineral interest
estate and the signature or express waiver of right of surface entry by recorded
document including, but not limited to, quitclaim deeds and/or reservations of
one or more parties having a combined interest of more than fifty percent of the
mineral interest estate has been obtained. The subdivider shall comply with the
notice requirements listed below:
a. At least thirty days prior to the date of hearing on the tentative
map, the subdivider has given written notice, by registered mail or, if
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impracticable as determined by the planning director, by publication once in a
newspaper of general circulation;
b. Notice shall be given to each mineral owner and lessee and
operator of record who has not waived his or her right of surface entry underlying
the subdivision as set forth in the preliminary title report, or other similar document
acceptable by the planning director, as required by Section 16.16.010(D) and as
shown in CaIGEM records as operator of record as of thirty days of the date of
application of the tentative map;
c. Such notice shall 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;
d. A copy of the notice and proof of mailing shall be provided to the
planning director within ten days of the mailing/publication date.
3. The subdivider intends to reserve a drill site or sites as defined in Section
15.66.080(C) on or within a practicable distance of the subdivision as determined
by the advisory agency, and as to which the owner of the mineral interest has a
right of access and use that 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; and is subject to the following notice requirements:
a. At least thirty 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.
b. Notice shall be given to each mineral owner and lessee of record
who has not waived his or her right of surface entry underlying the subdivision as
set forth in the preliminary title report, or other similar document acceptable by
the planning director, as required by Section 16.16.010(D) and as shown in
CaIGEM records as operator of record as of thirty days of the date of application
of the tentative map.
c. Such notice shall include a statement of intent to reserve a drill site
or sites as defined in Section 15.66.080(C) 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 has 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
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drawn location map of the project area, and the tentative hearing date, and
time and place of the hearing.
d. A copy of the notice and proof of mailing shall be provided to the
planning director within ten 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. Drilling within the reserved drill site shall be subject to
compliance with all conditions and mitigation required under applicable
regulations and processes.
e. Such drill site reservation(s) shall remain in effect for a period not
less than ten years from approval of the tentative map. The commencement of
drilling and/or extraction of minerals upon that site shall automatically extend the
ten-year time period until operations on the drill site are properly abandoned to
the satisfaction of the CaIGEM. If no drilling and/or extraction of minerals occurs
on the drill site within ten years and the surface fee owner has provided notice
and documentation as required in subsection (A) (4) of this section, or upon the
planning director receiving proof of well abandonment to the satisfaction of the
CaIGEM, 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. Such request shall include a preliminary title
report, or other similar document acceptable by the planning director, covering
all easements, ownerships and titles with respect to the drill site parcel(s), including
mineral owners and lessees of record as set forth in the preliminary title report, or
other similar document acceptable by the planning director, required by Section
16.16.010(D), and two 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 Section 16.16.060.
4. The subdivider submits with the subdivision application competent,
technical evidence that production of minerals from beneath the subdivision is
improbable. The subdivider shall comply with the notice requirements listed
below. If the advisory agency determines to its satisfaction that production of
minerals from beneath the subdivision is improbable, the advisory agency shall
make such finding.
a. At least thirty 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.
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b. Notice shall be given to each mineral owner and lessee and
operator of record who has not waived his or her right of surface entry underlying
the subdivision as set forth in the preliminary title report, or other similar document
acceptable by the planning director, required by Section 16.16.010(D) and as
shown in CaIGEM records as operator of record as of thirty days of the date of
application of the tentative map.
c. Such notice shall include a statement of intent to present at the
hearing competent, technical evidence establishing to the satisfaction of the
advisory agency that production of minerals from beneath the subdivision is
improbable. The 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.
d. A copy of the notice and proof of mailing shall be provided to the
planning director within ten days of the mailing/publication date.
B. The provisions of subsection A of this section shall be applicable to any final
subdivision map unless each lot or parcel created has a gross area of twenty
acres or more. In addition, the provisions of subsection A of this section shall not
apply where the initial gross area of the final subdivision map is less than five acres
in a residential zone or less than two acres in any zone other than a residential
zone. In addition, the provisions of subsection A of this section shall not apply to
parcel maps creating four or fewer parcels.
C. The provisions of subsection A of this section shall not be applicable to any
tract map or final parcel map which is fully developed or further subdivides
property which has been previously subdivided and to which the requirements of
subsection A of this section were applied at the time of the previous subdivision,
unless the tract or parcel map proposes subdivision of a drilling site.
D. For purposes of subsection A 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 minerals estate. For example, ownership of one one -hundredth of a one-
half undivided interest in the mineral estate shall be considered ownership of one-
half percent of the mineral estate.
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SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
MAY 0 4 2022 by the following vote:
✓ ,✓ ✓ ✓ ✓
YES' COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, kl, GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSE COUNCILMEMBERW,?,fir. Comm
APPROVED: MAY 0 t 2022
By ;Ira
KAREN GOH
Mayor
APPROVED AS TO FORM:
tm�km-
AAIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
VIRGINIA GENNARO, CITY ATTORNEY
By T—
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Ordinance Amending Section 16.20.060 Relating to Final Tract Maps aa'`�9
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
JULIE DRIMAKIS, 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 6th day of May, 2022 she posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No. 5091, passed by the Bakersfield
City Council at a meeting held on the 4th day of May, 2022 and entitled:
ORDINANCE AMENDING SECTION 16.20.060 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO FINAL TRACT MAPS TO REFLECT THE NAME CHANGE
FROM THE DIVISION OF OIL AND GAS RESOURCES (D.O.G.G.R.) TO THE
GEOLOGIC ENERGY MANAGEMENT DIVISION (CALGEM) OF THE DEPARTMENT
OF CONSERVATION, STATE OF CALIFORNIA.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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