HomeMy WebLinkAboutORD NO 3840ORDINANCE NO. 3 8 z~ 0
AN ORDINANCE ADDING CHAPTERS 17.46, 17.47, AND
15.67 TO THE BAKERSFIELD MUNICIPAL CODE
RELATING TO THE ADOPTION OF DRILLING ISLAND (DI)
DISTRICT, PETROLEUM EXTRACTION (PE) COMBINING
DISTRICT, AND OIL AND GAS PRODUCTION.
WHEREAS, the City Council is considering a project described as Sphere of
Influence Amendment 1-97, proposing an amendment to the Sphere of Influence for the
City to include territory east, west and south of the City's current Sphere of Influence, to
be coterminous with the boundary of the Metropolitan Bakersfield 2010 General Plan,
excepting therefrom the community of Lamont; and General Plan Amendment P97-0216,
amending the Metropolitan Bakersfield 2010 General Plan to incorporate land use changes
and specific plan documents approved by the County of Kern referred to as the Western
Rosedale and the Rosedale Ranch amendment, and Breckenridge Hills, which General
Plan Amendment acknowledges approvals previously granted by the County of Kern
relating to those Specific Plans; and
WHEREAS, because the City is proposing to expand its Sphere of Influence into
land areas which currently are and will continue to be primarily used for oil and gas
exploration and production and agricultural production, and further because the approvals
previously granted by the County of Kern for those Specific Plans were based in part on
zone classifications which exist in the County of Kern's Zoning Ordinance, but which do not
exist in the City's Zoning Ordinance, specifically the Drilling Island (DI) District, the
Petroleum Extraction (PE) Combining District, and provisions allowing unrestricted drilling
in agricultural and industrial zone districts and the DI and PE zone districts, the City
Council has, at its regularly scheduled meeting of April 22, 1998, studied and considered
a proposal to add to the Bakersfield Municipal Code Chapter 17.46, the Drilling Island (DI)
District; Chapter 17.47, the Petroleum Extraction (PE) Combining District; and Chapter
15.67, Oil and Gas Production; and
WHEREAS, the City Council has determined that, in order to encourage continued
oil and gas exploration and production in the Sphere of Influence expansion areas, and
within those areas within the current Sphere of Influence but not yet within the incorporated
area of the City of Bakersfield prezoning P97-0743, it is necessary to adopt this ordinance;
and
WHEREAS, the City Council has determined that it is in the best interest of the City
to adopt this ordinance to enhance the quality of life and to protect the health, safety and
welfare of its citizens; and
Page I of 17
ORIGINAL
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by City staff, Planning Commission,
and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on February 27,
1998, in accordance with CEQA; and
WHEREAS, a timely and properly noticed public hearing upon this ordinance was
held by the Planning Commission of the City of Bakersfield on March 19, 1998, at which
hearing evidence, oral and documentary, was admitted on behalf of said ordinance
adoption; and
WHEREAS, the Planning Commission of the City of Bakersfield has approved a
Resolution of the Planning Commission of the City of Bakersfield recommending that the
City Council adopt this ordinance; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required notices have been given. Notices of public hearing before the
Planning Commission of the City of Bakersfield have been advertised in the Bakersfield
Califomian and posted on the bulletin board of the Bakersfield City Planning Department
on February 25, 1998. The advertisement was 1/8 page in size.
2. The provisions of CEQA have been followed. Based upon an initial
environment assessment, staff has determined that the proposed project will not
significantly affect the physical environment and the issuing of a Negative Declaration for
the project is adequate. The project proposes City ordinances which are very similar to the
existing County ordinances.
3. The proposed ordinance permits the exploration and provision for natural
resource recovery which is specifically consistent with the Metropolitan Bakersfield 2010
General Plan Conservation Element (Mineral Resources Section-Goals and Policies).
4. Based on the absence of evidence in the record as required by Section
21082.2 of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this project will
result in impacts that fall below the threshold of significance with regard to wildlife
resources and, therefore, must be granted a "de minimis" exemption in accordance with
Section 711 of the State of California Fish and Game Code. Additionally, the assumption
of adverse effect is rebutted by the above-referenced absence of evidence in the record
and the Lead Agency's decision to prepare a Negative Declaration for this project.
Page 2 of 17
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ORIGINAL
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Bakersfield as follows:
1. That the negative declaration is hereby approved.
2. That the text amendments to Titles 17 and 15 of the Bakersfield Municipal
Code are hereby approved as follows:
SECTION 1.
Chapter 17.46 is hereby added to the Bakersfield Municipal Code to read as follows:
CHAPTER 17.46
DRILLING ISLAND (DI) DISTRICT
Sections:
17.46.010
17.46.020
17.46.030
17.46.040
17.46.050
17.46.060
17.46.070
17.46.080
17.46.090
17.46.100
17.46.110
17.46.120
Purpose and intent.
Permitted uses.
Uses permitted with a conditional use permit.
Prohibited uses.
Minimum lot size.
Minimum lot area per dwelling unit.
Yards and setbacks.
Height limits.
Minimum distance between structures.
Parking.
Signs.
Special review procedures and development standards.
17.46.010 Purpose and intent.
The purpose of the Drilling Island (DI) District is to designate single lots and discrete
areas within the boundaries of final map subdivisions and mobile home parks that contain
productive or potentially productive petroleum resources to allow mineral access to explore
for and develop such resources and to promote the development of such resources in a
manner compatible with surrounding development. Uses in the DI District are limited to oil
and gas exploration and development, production, storage, transmission, and treatment,
and any accessory or ancillary equipment, structure, or facilities thereto and compatible
open space and passive recreational uses. The procedures and standards contained in
this Chapter shall apply to all exploration, drilling and production activities related to oil,
gas, and other hydrocarbon substances carried out in any land annexed to the City which
land is currently subject to the City's expansion of its Sphere of Influence on or after
January 1, 1998, and all that area subject to prezoning P97-0743 (on file with the Planning
Director).
Page 3 of 17 .x
0RIGiNA[
17.46.020 ~ermiffed uses.
The following uses are permitted in the DI District:
A. Oil or gas exploration and development, production, storage, transmission,
and treatment, and any accessory or ancillary equipment structure or facilities thereto,
pursuant to the provisions of Section 15.67.040 (Development Standards and Conditions).
B. Subdivision drainage sump, as part of an application for a tentative tract map,
provided that mineral rights owners have given written consent.
17.46.030 Usespermitted with a conditional use permit.
The following uses are permitted in the DI District subject to obtaining an approved
conditional use permit pursuant to the provisions of Chapter 17.64 (Modifications,
Conditional Use Permits, Amendments and Appeals):
A. Parks
1. Any such park shall be "passive" with improvements limited to
landscaping, picnic tables and/or barbecue facilities.
2. A sign shall be erected, in accordance with the provisions of Section
17.060.080 (Exempt Signs) of Chapter 17.60, stating, in essence, that the site is in a DI
zone district and is subject to future drilling and production activities.
3. The mineral rights owners of the subject property shall be given
notification of the application for a conditional use permit in accordance with the provisions
of Section 17.64.050 (Hearings - Notices) of Chapter 17.64. Said mineral rights owners
shall also be given a copy of the draft environmental documents in accordance with the
provisions of the City's Local CEQA Implementation Procedures.
B. Pa [king Lots
1. Any such parking lot shall be developed in such a manner as to not
have interior permanent lighting.
2. A sign shall be erected, in accordance with the provisions of Section
17.060.080 (Exempt Signs) of Chapter 17.60, stating, in essence, that the site is in a DI
zone district and is subject to future drilling and production activities.
Page 4 of 17
3. The mineral rights owners of the subject property shall be given
notification of the application for a conditional use permit in accordance with the provisions
of Section 17.64.050 (Hearings - Notices) of Chapter 17.64. Said mineral rights owners
shall also be given a copy of the draft environmental documents in accordance with the
provisions of the City's CEQA implementation Procedures.
C. Drainage sump, except for the provision of Section 17.46.020 (Permitted
Uses) of this Chapter, provided that mineral rights owners have given written consent.
17.46.040 P$ohibited uses.
All other uses not permitted by Sections 17.46.020 (Permitted Uses) and 17.46.030
(Uses Permitted with a Conditional Use Permit) of this Chapter, including roads not
associated with a permitted use are prohibited in the DI District.
17.46.050 Minimum lot size.
No portion of any lot within the DI District shall contain less than two and one-half
(2%) gross acres in size, shall have a minimum width of 305 feet and shall demonstrate
that all set-back requirements can be accommodated internally within such lot.
17.46.060 Minimum Iotare~p_e~dwelling unit.
There is no requirement for minimum lot area per dwelling unit in the DI District.
Dwellings are not permitted.
17,46,070 Yardsand setbacks.
No oil or gas well shall be drilled within seventy-five (75) feet of the right-of-way of
any existing or proposed public highway or street, private streets, railroad, Official Plan
Line, or Specific Plan Line in the DI District.
17.46.080 Height limits,
Heights limits in the DI District are as follows:
A. None on derricks and other equipment used during the exploration and
drilling phase of development.
B. Pumping units shall not exceed thirty-five (35) feet in height when measured
from the exterior existing grade level.
Page 5 of 17
17.46.090 Minimum distance between structures.
Minimum distance between structures in the DI District shall be as provided in the
requirements of Section 15.67.040 (Development Standards and Conditions).
17.46.100 Parking.
There is no minimum parking requirement for drilling and production activities;
provided, however, that all vehicle parking and maneuvering areas shall be treated and
maintained with oiled sand or a similar dust binding material.
17.46.110 Signs.
The following signs are permitted in the DI District in accordance with the
requirements of Chapter 17.60:
A. Directional signs, warning signs, and identification signs, not to exceed two
(2) square feet each in accordance with the provisions of Section 17.060.080 (Exempt
Signs) of Chapter 17.60.
B. Temporary real estate signs advertising the property for sale or rent, not to
exceed six (6) square feet each, excluding the area of any vertical and/or horizontal
support members, in accordance with the requirements of Section 17.060.020(B)(1)
(Permits - Permits Not Required) of Chapter 17.60.
17.46.120 Special review pr~_cedures and development standards.
All drilling and other hydrocarbon development activity in the DI District shall be
carried out in accordance with the standards and procedures set forth in Section 15.67.040
(Development Standards and Conditions).
SECTION 2.
Chapter 17.47 is hereby added to the Bakersfield Municipal Code to read as follows:
CHAPTER 17.47
PETROLEUM EXTRACTION (PE) COMBINING DISTRICT
Sections:
17.47.010
17.47.020
17.47.030
Purpose and intent.
Permitted uses.
Uses permitted with a conditional use permit.
Page 6 of 17
17.47.040
17.47.050
17.47.060
17.47.070
17.47.080
17.47.090
17.47.100
17.47.110
17.47.120
17.47.130
Prohibited uses.
Minimum lot size.
Minimum lot area per dwelling unit.
Yards and setbacks.
Height limits.
Minimum distance between structures.
Parking.
Signs.
Landscaping.
Special review procedures and development standards.
17.47.010 Purpose and intent.
The purpose of the Petroleum Extraction (PE) Combining District is to designate
lands containing productive or potentially productive petroleum resources to promote the
development of such resources in a manner compatible with surrounding development.
The PE District may be applied only to those areas that are zoned Estate (E), Residential
Suburban (R-S), Professional and Administrative Office Zone (CO), Neighborhood
Commercial (C-1), or Regional Commercial (C-2). The uses allowed and the regulations
established by the PE District shall be in addition to the regulations of the base district with
which the PE District is combined. The procedures and standards contained in this Chapter
shall apply to all exploration, drilling and production activities related to oil, gas, and other
hydrocarbon substances carried out in any land annexed to the City which land is currently
subject to the City's expansion of its Sphere of Influence on or after January 1, 1998, and
all that area subject to prezoning P97-0743 (on file with the Planning Director).
17.47.020 Permitted uses.
The following uses are permitted in the PE District:
A. Wells for the exploration and development, production, storage, transmission,
and treatment, and any accessory or ancillary equipment, structure, or facilities thereto, of
oil, gas, or other hydrocarbon substances if the well(s) are located more than three
hundred (300) feet away from any existing dwelling or existing building utilized for
commercial purposes, excluding those premises utilized solely for storage of equipment,
material, household goods, or similar material.
B. Deepening or redrilling, within the existing well bore, of any well used for the
production or development of oil, gas, or other hydrocarbon substances, or the
replacement of any production facility which did not require a conditional use permit on the
date drilling began or the date the facility was installed.
Page 7 of 17
ORIGiNAl
C. Drilling of a replacement well when the original well did not require a
conditional use permit, and when the original well has been abandoned in accordance with
California Division of Oil, Gas and Geothermal Resources regulations and drilling of a
replacement well commences within one (1) year of the conclusion of abandonment
procedures, and the replacement well is located within twenty (20) feet of the original well
or is farther from any existing dwelling or commercial building than the original well.
D. Uses permitted by the base district with which the PE District is combined.
17.47.030 Uses permitted with a conditional use permit.
The following uses are permitted in a PE District subject to obtaining an approved
conditional use permit pursuant to the provisions of Chapter 17.64 (Modifications,
Conditional Use Permits, Amendments and Appeals):
A. Wells for the exploration and development, production, storage, transmission,
and treatment, and any accessory or ancillary equipment, structure, or facilities thereto, of
oil, gas, or other hydrocarbon substances if the well(s) are located within three hundred
(300) feet of any existing dwelling or existing building utilized for commercial purposes,
excluding those premises utilized solely for storage of equipment, material, household
goods, or similar material.
combined.
Conditional uses permitted by the base district with which the PE District is
17.47.040 Pr=hibJted uses.
All other uses not permitted by Section 17.47.020 (Permitted Uses) and 17.47.030
(Uses Permitted with a Conditional Use Permit), or uses not permitted in the base district
with which the PE District is combined, including roads not associated with a permitted use,
are prohibited in a PE District.
17.47.050 Minimur~Llotsize.
Minimum lot size requirements in a PE District are per the requirements of the base
district with which the PE District is combined. Each PE district shall contain a minimum
ten (10) foot by fifty (50) foot area for future drilling and shall demonstrate that all setback
requirements for future drilling activities can be accommodated.
17.47.060 Minimum lot area per dwelling unit.
Requirements for minimum lot area per dwelling unit in a PE District are per the
requirements of the base district with which the PE District is combined.
Page 8 of 17
OFII~iNAL
17.47.070 Yards and setbacks.
Yard and setback requirements in a PE District are as follows:
A. No oil or gas well shall be drilled within seventy-five (75) feet of the right-of-
way of any existing or proposed public highway or street, private street, railroad, Official
Plan Line, or Specific Plan Line.
B. All other uses permitted by the base district shall conform to the yard and
setback requirements of the base district with which the PE District is combined.
17.47.080 Height Jimits.
Height limit requirements in a PE District are as follows:
A. None on derricks and other equipment used during the exploration and
drilling phase of development.
B. Pumping units shall not exceed thirty-five (35) feet in height when measured
from the exterior existing grade level.
C. All other uses permitted by the base district shall conform to the height limits
of the base district with which the PE District is combined.
17.47.090 Minimum distance between structures.
Requirements for minimum distance between structures in a PE District are as
follows:
A. Per the requirements of Chapter 15.67 (Oil and Gas Production).
B. All other uses shall comply with the base district with which the PE District
is combined.
17.47.100 Parking.
Parking requirements in a PE District are as follows:
A. There is no minimum parking requirement for drilling and production activities;
provided, however, that all vehicle parking and maneuvering areas shall be treated and
maintained with oiled sand or a similar dust binding material.
B. All other uses permitted by the base district shall conform to the requirements
of the base district with which the PE District is combined.
Page 9 of 17
ORIGiNA~
17.47.110 Signs.
The following signs are permitted in a PE District in accordance with the
requirements of Chapter 17.60:
A. Directional signs, warning signs, and identification signs not to exceed two
(2) square feet each in accordance with the provisions of Section 17.060.080 (Exempt
Signs) of Chapter 17.60.
B. Signs permitted by the base district with which the PE District is combined.
17.47.120 Landscaping.
Landscaping requirements in a PE District are per the requirements of the base
district with which the PE District is combined.
17.47.130 Special review procedures and development standards.
All drilling and hydrocarbon development activities in a PE District shall be carried
out in accordance with the standards and procedures set forth in Section 15.67.040
(Development Standards and Conditions).
SECTION 3.
Chapter 15.67 is hereby added to the Bakersfield Municipal Code to read as follows:
CHAPTER 15.67
OIL AND GAS PRODUCTION
Sections:
15.67.010
15.67.020
15.67.030
15.67.040
15.67.050
15.67.060
Purpose and intent.
Unrestricted drilling.
Drilling by conditional use permit.
Development standards and conditions.
Application contents.
Permit revocation and modification.
15.67.010 Purpose=rid intent.
The purpose of this Chapter is to promote the economic exploration and recovery
of oil, gas, and other hydrocarbon substances in a manner compatible with surrounding
Page 10 of 17
land uses and to protect the public health and safety by establishing reasonable limitations,
safeguards, and controls on exploration, drilling, and production of hydrocarbon resources.
The procedures and standards contained in this Chapter shall apply to all exploration,
drilling and production activities related to oil, gas, and other hydrocarbon substances
carried out in any land annexed to the City which land is currently subject to the City's
expansion of its Sphere of Influence on or after January 1, 1998, and all that area subject
to prezoning P97-0743 (on file with the Planning Director).
15.67.020 UnrestrictedD~lling.
A. No review or permit shall be required for the drilling of any steam injection
well, steam drive well, service well, or any well intended for the exploration and
development, production, storage, transmission, and treatment, and any accessory or
ancillary equipment, structure, or facilities thereto, of oil, gas, and other hydrocarbon
substances in the A (Agriculture), M-1 (Light Manufacturing), M-2 (General Manufacturing),
or M-3 (Heavy Industrial) zone districts provided compliance with the following:
1. All drilling installations and operations comply with the requirements
of State law and with adopted fire and safety ordinances and regulations of the City.
2. Drilling shall not be commenced within one hundred (100) feet of any
existing residence without the written consent of the owner thereof.
3. Signs shall be limited to directional, warning, and identification signs
in connection with oil, gas, or other hydrocarbon drilling and development operations.
4. Disposal of nonhazardous oilfield liquid waste and production water
is considered an accessory facility only if the facility complies with the following:
a. The nonhazardous oilfield liquid waste or production water is
produced and disposed of within the same designated oilfield; or
b. The nonhazardous oilfield liquid waste or production water
disposed of outside the designated oilfield of origin is produced by and disposed of solely
and only by the same individual, corporation, or entity.
Page 11 of 17
5. Height limits shall be in accordance with Title 17, except that no height
limit shall apply to derricks and other equipment used during the exploration and drilling
phase of development not in conflict with Part 77 of the Federal Aviation Regulations of the
Federal Aviation Administration, Department of Transportation, or any corresponding rules
or regulations of the Federal Aviation Administration, as amended.
B. In addition, the same unrestricted drilling is permitted within the DI (Drilling
Island) and PE (Petroleum Extraction) zone districts subject to the respective standards
of chapters 17.46 and 17.47.
15.67.030 Drilling byconditional use permit.
A. No well for use as an injection well and no well for the exploration and
development, production, storage, transmission, and treatment, and any accessory or
ancillary equipment, structure, or facilities thereto, of oil, gas, or other hydrocarbon
substances may be drilled or installed in any zone district, other than the A, M-l, M-2, M-3,
DI, and PE zone districts in accordance with the provisions of Section 15.67.020, until an
application for a Conditional Use Permit has been submitted to and approved by the Board
of Zoning Adjustment, consistent with the provisions of Chapter 17.64 (Modifications,
Conditional Use Permits, Amendments and Appeals). The Board of Zoning Adjustment
may waive any condition set forth in the development standards and conditions if it
determines that there will be no material detriment to the public welfare or safety of
persons and property located in the vicinity of such a well.
B. Disposal of nonhazardous oilfield liquid waste and production water is
considered an accessory facility only if the facility complies with the following:
1. The nonhazardous oilfield liquid waste or production water is produced
and disposed of within the same designated oilfield; or
2. The nonhazardous oilfield liquid waste or production water disposed
of outside the designated oilfield of origin is produced by and disposed of solely and only
by the same individual, corporation, or entity.
C. If a producing well or service well is not commenced upon land subject to
said conditional use permit within twelve (12) months from the date of issuance of the
conditional use permit, or within any extended period thereof, the conditional use permit
shall expire and the premises shall be restored as nearly as practicable to its original
condition. No permit shall expire while the permittee is continuously conducting drilling,
redrilling, completing or abandoning operations, or related operations, in a well on the
lands covered by such permit, where operations were commenced while said permit was
otherwise in effect. Continuous operations are operations suspended not more than thirty
(30) consecutive days. If, at the expiration of the twelve (12) month period, the permittee
Page 12 of 17
has not completed the drilling program on the lands covered by such permit, the Planning
Commission may, upon a written request of the permittee, extend the permit for the
additional time requested by the permittee for the completion of such drilling program.
15.67.040 Development standards and conditions.
All wells drilled, pursuant to the provisions of this Chapter, for the exploration and
development, production, storage, transmission, and treatment, and any accessory or
ancillary equipment, structure or facilities thereto, of oil, gas, and other hydrocarbon
substances shall comply with the following standards, unless otherwise provided in this
Chapter:
A. No oil or gas well shall be drilled within seventy-five (75) feet of the right-of-
way of any existing or proposed public highway or street, private street, railroad, Official
Plan Line, or Specific Plan Line. Within one hundred (100) feet of any building not
necessary to the operation of the well, within one hundred (100) feet of any dwelling, within
three hundred (300) feet of any building used as a place of public assembly, institution, or
school, or within fifty (50) feet of any building utilized for commercial purposes constructed
prior to the commencement of such drilling without the written consent of the owner of such
structure.
B. All drilling and production activities shall conform to all adopted fire and safety
regulations. Fire fighting apparatus, materials, and equipment required by the City shall
be maintained on the site at all times during drilling and production operations.
C. No signs, other than directional and warning signs and those required for
identification of a well, shall be constructed, erected, maintained, or placed on the premises
or any part thereof, except those required by law or by ordinance to be displayed in
connection with the drilling or maintenance of a well.
D. Sanitary toilet and/or washing facilities, if required by the Kern County Health
Department or other governmental agencies, shall be installed and maintained in a clean
and sanitary condition during drilling operations, and all such other items as specified by
these agencies.
E. Proven technological improvements generally accepted and used in drilling
and production methods shall be employed as they become available if they are capable
of cost effectively reducing nuisances or annoyances.
F. All derricks, boilers, and other drilling equipment employed, pursuant to the
provisions of this Chapter, to drill any well hole or to repair, clean out, deepen, or redrill any
completed well shall be removed within ninety (90) days after completion of production
tests following completion of such drilling or after abandonment of any well, unless such
derricks, boilers, and drilling equipment are to be used within a reasonable time, as
Page 13 of 17 -'~
~RIGiNA[
determined by the Planning Director, for the drilling of another approved well(s) on the
premises.
G. Within ninety (90) days after any well has been placed in production, or after
its abandonment, earthen sumps used in drilling and/or production (unless such sumps are
to be used within a reasonable time as determined by the Planning Director for the drilling
of another well) shall be filled and the drilling site restored as nearly as practicable to a
uniform grade. Temporary earthen sumps may be used for clean-out or remedial work on
an existing well or other production facility. However, these sumps shall be filled and the
site restored as nearly as practicable to a uniform grade within ninety (90) days after the
clean-out or other remedial work is completed. Such restoration work shall comply with all
applicable regulations of the California Division of Oil, Gas and Geothermal Resources.
H. Any derrick used for servicing operations shall be of the portable type, unless
proof is provided that the well is of such depth or has some other characteristics such that
a portable type derrick will not properly service such well. In that instance, the Planning
Director will approve the use of a standard type of derrick.
I. Whenever oil or gas is produced into and shipped from tanks located on the
premises, such tanks, whenever located within five hundred (500) feet of any dwelling or
commercial building, shall be surrounded by shrubs or trees, planted and maintained to
provide attractive landscaping or be fenced in such a manner as to, insofar as practicable,
screen such tanks from public view. Such fencing shall comply with the requirements of
the California Division of Oil, Gas and Geothermal Resources.
J. Whenever a well is located within five hundred (500) feet from an existing
dwelling unit, except in case of an emergency, no materials, equipment, tools, or pipe used
for either drilling or production operations shall be delivered to or removed from the drilling
site, except between the hours of 8:00 a.m. and 8:00 p.m., unless otherwise required by
the California Division of Oil, Gas and Geothermal Resources.
K. Pumping wells shall be operated by electric motors or muffled internal
combustion engines.
L. The height of all pumping units shall not exceed thirty-five (35) feet when
measured from the exterior existing grade level and shall be painted and kept in a neat
condition.
M. All vehicle parking and maneuvering areas shall be treated and maintained
with oiled sand or a similar dust binding material.
N. After production begins and a pump is installed on the wellhead, a fence at
least six (6) feet in height shall be installed around the pump site or drilling island for public
safety. This fence shall be constructed of chain link with wood or metal slats or other
screening materials as may be approved by the Planning Director. This fencing and
Page 14 of 17 ~
7.5
~R~G~NAI
screening requirement shall apply only to those pump sites located within five hundred
(500) feet of any dwelling. Such fencing shall comply with the requirements of the
California Division of Oil Gas and Geothermal Resources.
O. All required Federal, State, County, and City rules and regulations shall be
complied with at all times including, but not limited to, the rules and regulations of the
following agencies:
1. California Department of Oil, Gas and Geothermal Resources
2. City of Bakersfield Fire Department
3. Kern County Health Department
4. Regional Water Quality Control Board
5. San Joaquin Valley Unified Air Pollution Control District
15.67.050 Application contents.
An application for a conditional use permit shall include the following:
A. Name and address of applicant
B. Name(s) and address(es) of the property owner(s)
C. Assessor's parcel number(s)
D. Legal description of the property
E. A plot plan or site development plan drawn at the scale specified by the
Planning Director, which includes the following information:
1. Topography and proposed grading.
2. Location of all proposed well holes and related accessory equipment,
structures, and facilities to be installed and any abandoned wells if such are known to exist.
3. Location of all existing dwellings and buildings used for other
purposes, located within three hundred (300) feet of the proposed well holes, identification
of the use of each structure, and distances between well holes and existing buildings.
4. North arrow.
Page 15 of 17
ORIG~NAi
F. Narrative description of the proposed development, including:
1.Acreage or square footage of the property
2. Nature of hydrocarbon development activity
3. Description of equipment to be used
4. Distance to all existing buildings
5. Phasing or development schedule
G. Additional information may be required, as part of an application for a
Conditional Use Permit, as provided in Chapter 17.64 (Modifications, Conditional Use
Permits, Amendments and Appeals).
15.67.060 Permit revocation and modification.
Any permit issued pursuant to the provisions of this Chapter may be revoked or
modified pursuant to Section 17.64.060 (H).
SECTION 4.
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 ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
City Council of the City of Bakersfield at a regular meeting thereof held on
DAY 0 6 19~ ,1998, by the following vote:
AYES: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTt, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER ~
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER ~
CITY CLERK and Ex Officio ~erk of the City
Council of the City of Bakersfield
APPROVED THIS ~/~ ~ 6 <J98
Page 16 of 17
ORIGiNA~
ROB
MAYOR
APPROVED as to form:
JUDY K. SKOUSEN
CITY ATTORNEY
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MG:pjt
t 19~219~.9690-8\ORDINANC.BAK
Page 17 of 17
· ~RIG1NAL
AFFIDAVIT OF POSTING DOCUMENTS
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 11th day of May .1998 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 3840 , passed by the
Bakersfield City Council at a meeting held on the 6th day of May. 1998 , and entitled:
AN ORDINANCE ADDING CHAPTERS 17.46, 17.47, AND
15.67 TO THE BAKERSFIELD MUNICIPAL CODE RELATING
TO THE ADOPTION OF DRILLING ISLAND (DI) DISTRICT,
PETROLEUM EXTRACTION (PE) COMBINING DISTRICT,
AND OIL AND GAS PRODUCTION.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
S:\DOCUMENT~AOPOSTING
May 11, 1998
ORIGiNAl