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HomeMy WebLinkAboutORD NO 3562ORDX CE 3 5 6 2 AN ORDINANCE AMENDING SECTION 16.40. 010 OF THE BAKEP~FI~T.~ MUNICIPAL CODE RELATING TO REMOVAL OF GROUNDWATER UPON SUBDIVISION. WHEREAS, the groundwater supply underlying the City of Bakersfield is essential for the well-being of the existing and future residents of these subdivisions; and ~REAS, groundwater is and will continue to be the major source of water to supply the overlying lands and City residents; and WHEREAS, future growth and development in the City will be dependent upon the preservation and protection of this ground- water resource; and W~EREAS, the City needs the water underlying these subdivisions to serve the needs of the property owners within the subdivisions; and WHEREAS, the City supports groundwater management including conjunctive use of surface water and groundwater under local programs that enhance and benefit the Kern County portion of the San Joaquin Valley Groundwater Basin; and WTl~m~%S, this Ordinance is designed to prevent groundwater from leaving the Kern County portion of the San Joaquin Valley groundwater basin for sale, exchange or other purposes to outside areas thereby increasing and preserving said basin's water supply for the benefit of the residents of the City and the surrounding community overlying said basin; NOW, THEREFORE, BE IT ORDAIB~Dby the Council of the City of Bakersfield as follows: SECTION 1. Section 16.40.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.40.010 Requirements. As a condition of approval of a tentative map, the subdivider shall do the following: A. Dedicate or make an irrevocable offer of dedication of all land within the subdivision that is needed for public streets, alleys, including access rights and abutter's rights, drainage, public utility easements and other public easements. 1 ORIGINAL B. Record a covenant for each lot prohibiting the pumping and taking of groundwater from the property for any use off the property; provided, however, such pumping and taking may be carried out by the authorized urban water purveyor which provides water service to the subdivided land, or by a County-wide governmental entity with water banking powers, and such pumping is part of an adopted water banking program that will not have a significant adverse impact on the groundwater levels or diminish the quality of water underlying the subdivision. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... 2 ORIGINAL I HE~RRy CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on S£P Z~ ~ , by the following vote: AYES: COUNCILMEMBERS ~ EDWARDS DeMOND, SMITH, BRUNN ROWLES SALYAGGIO NOES: COUNCILMEMBERS ~ r)~q +~ ABSTAIN: COUNCILMEMBERS A3 0 ~-~ ABSENT: COUNCILMEMBERS r Y] ~ I~/'~%3 o' ~ L ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 2 2 1993 BOB PRICE ' ~' MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI City Attorney Chief Assl~ity Attorney LCM/JKS/meg WATER\ GRDWATER.O-5 7/23/93 ADD:rb:~p water\or d/nance \gr dwater. 893 8/12/93 3 ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo County of Kern ) CAROL WILLIAMS, 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 24th day of Septeraber, 1993 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3562, passed by the Bakersfield City Council at a meeting held on the 22nd day of September, 1993, and entitled: AN ORDINANCE AMENDING SECTION 16.40.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REMOVAL OF GROUNDWATER UPON SUBDIVISION. By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield ? Z UTY