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.
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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.
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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
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WATER\
GRDWATER.O-5
7/23/93
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8/12/93
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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
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