HomeMy WebLinkAboutORD NO 3963ORDINANCE NO. 3 9 6 3
AN ORDINANCE AMENDING SECTION 17.55.030 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO OIL AND
GAS USES WITHIN SPECIFIC PLAN LINES,
WHEREAS, the Planning Commission of the City of Bakersfield in accordance
with the provisions of Section 65353 of the Government Code, held public hearings on
December16, 1999 recommending certification of the, Final Environmental Impact Report for
General Plan Amendment P98-0760 and the South Beltway Transportation Corridor Specific
Plan Line and February 14, 2000 recommending adoption of General Plan Amendment P98-
0760 and the South Beltway Transportation Corridor Specific Plan Line; and
WHEREAS, at the hearings of December 16, 1999 and February 14, 2000, the
Planning Commission considered amendment of the Bakersfield Municipal Code, Title 17,
Section 15.55.030 of the zoning ordinance as a mitigation measure to protect mineral rights; and
WHEREAS, by Resolution No. 25-00 on February 17, 2000 the Planning
Commission recommended approval and adoption of an ordinance amending Section
17.55.030, Title 17 of the Municipal Code; and
WHEREAS, such amendment to Section 15.55.030 of the zoning ordinance
would be a mitigation measure to protect permitted uses and such uses would not be prohibited
within the South Beltway Specific Plan Line; and
WHEREAS, Section 17.55.030 is amended by adding Section "B" as follows:
Permitted uses shall not be inadvertently prohibited in the South Beltway
Specific Plan Line. Oil and Gas related uses located within the specific
plan line are specifically exempted from the restrictions contained in this
section; and
WHEREAS, the ordinance amendment was proposed by Enron Oil, Inc., holder
of mineral rights over a significant geographic area within the alternative alignments; and
WHEREAS, Enron Oil, Inc., felt that the ordinance amendment was necessary for
protection of mineral rights; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. The above recitals, incorporated herein, are true and correct.
2. All required public notices havE; been given.
been followed.
The provisions of the California Environmental Quality Act have
Notwithstanding Chapter 17.55 of the Bakersfield Municipal Code, (a),~ejCAkr&'*~p~'
ORiGiNAL
and gas related uses, both surface and subsurface, that are permitted as a matter of right shall
be allowed to be established, to continue and to be enlarged even though they may be located
within the designated corridor of the South Beltway, (b) if an oil and gas related use is currently
allowed by zoning within portions of the designated corridor of the South Beltway, the use(s)
shall continue to be permitted after adoption of the South Beltway Specific Plan Line, and (c) this
ordinance is intended to specifically exempt oil and ,gas related uses from the restrictions
contained in Section 17.55.030 (A) of the Bakersfield Municipal Code.
5. The proposed amendment to Section 17.55.030 of the zoning ordinance
will not have significant effects on the environment.
WHEREAS, all of the foregoing recitals are hereby found to be true and correct,
and
WHEREAS, the report of the Planning Commission, including maps and all
reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to
the City Council, is hereby received, accepted and approved,
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section 17.55.030 (B) of the Bakersfield Municipal Code is hereby amended to read as
follows:
Permitted uses shall not be inadvertently prohibited irt the South Beltway Specific Plan Line. Oil
and Gas related uses located within the specific plan line are specifically exempted from the
restrictions contained in this section.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (130) days from and after the date of its
passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meetin9 thereof held on
JUN 1 ~ ZOO0 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER DeMond, Carson, Maggard, Couch, Rowles, Sullivan, Salvaggio
COUNCILMEMBER ~0~
COUNCILMEMBER
COUNCILMEMBER ~6M~
CITY CLERK and Ex Offic~))Clerk of the
Council of the City of BakeCs'field
APPROVED JUN l& 2000
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B¢O~ PRICE
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J, THILTGEN
City Attorney
RED/pjt
May 15, 2000
S:\Dole\SBVV~Oil & Gas Ord SPL
3
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, depeses and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 15th day of June , 2000 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3963 , passed by the
June 2000 and
day of
Bakersfield City Council at a meetin9 held on the 14th
entitled:
AN ORDINANCE AMENDING SECTION 17.55.030 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO (:)IL AND GAS USES WITHIN SPECIFIC
PLAN LINES.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
BB, YE~p L~T~tDity Clerk-- "~'~'---~
S:\DOCUMENT~AOPOSTING
June 15, 2000