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Home My WebLink AboutORD NO 2800ORDINANCE NO. 2800 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 17.42.040 D., 17.44.020, 17.44.030 B., 17.44.040 A.i., 17,44.040 B., 17.44.060 A., and 17.44.070 OF THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO FP-P (FLOODPLAIN PRIMARY) AND FP-S (FLOODPLAIN SECONDARY) ZONES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1 Section 17.42.040 D. of the Bakersfield Municipal Code is hereby amended to read as follows: 17.42.040 Uses permitted subject to building director D. The building director shall issue a permit for the drilling of an oil, gas, or water well only if, in addition to determining that all other regulations applicable thereto have been or will be complied with, he determines to his satisfaction, after consultation with the director of the City Department of Water Resources, that the proposed well is so located in coordina- tion with other drilling locations so that the combined effect of such wells will not produce a rise in the surface of the one- hundred-year flood in excess of one foot. SECTION 2 Section 17.44.020 of the ~akersfield Municipal Code is hereby amended to read as follows: 17.44.020 Purpose and application. A. Purpose. The purpose of the FP-S, secondary floodplain zone shall be the protection of life and property from the hazards and damages which may result from floodwaters of the intermediate regional flood and to permit economic recovery of oil, gas and hydrocarbon substances. permit. B. Application. This zone is intended for application to those areas of the city which lie within the fringe area of the floodplain and are subject to less severe inundation during flooding conditions than occurs in the FP-P zone. This zone may be applied only to those areas located within boundaries of the intermediate regional flood which lie outside the FP-P primary floodplain zone. Land may be classified as being solely in the FP-S zone and subject to the development standards and regulations set forth in this chapter or the FP-S zone may be used as an overlay to modify an underlying zone and provide more restrictive standards and regulations underlying zone. than would otherwise apply in such SECTION 3 Section 17.44.030 B. of the Bakersfield Municipal Code is hereby amended to read as follows: 17.44.030 Uses permitted. B. Single-family dwellings and accessory residential, recreational and agricultural structures shall be allowed if they are allowed in the underlying or base zone, if any, only if they comply with one of the following conditions: 1. The finish floor grade of any such building will be above the intermediate regional flood level, or 2. a. All permanent buildings will be protected from flooding by dikes, levees or other flood protection works whose design is approved by the city engineer. b. Individual sewage systems shall be maintained outside the limits of the FP-S zone, control devices approved by the city located closer than one hundred feet (domestic, agricultural wells, etc.). unless protected by flood- engineer and shall not be to any surface water source SECTION 4 Section 17.44.040 A.1. of the Bakersfield Municipal Code is hereby amended to read as follows: 17.44.040 Uses permitted subject to building director permit. A.1. That feasible remedial work, improvements and flood- proofing will be carried out which will permit exercise of the use within such zone with a minimum obstruction to floodflow, will not cause peripheral flooding of other properties, will not obstruct the flow in existing natural sloughs or channels within surface water spreading grounds or groundwater recharge basins, will cause the surface of the intermediate regional flood to rise by no more than one foot, will not materially impair the ability of the primary floodplain to discharqe the waters resulting from an intermediate regional flood, and will either be resistant to flotation or immune to extensive damage by flooding and will not endanger life or property; SECTION 5 Section 17.44.040 B. of the Bakersfield Municipal Code is hereby amended to read as follows: 17.44.040 Uses permitted subject to building director permit. B. The building director shall issue a permit for the drilling of an oil, gas, or water well only if, in addition to determining that all other regulations applicable thereto have been or will be complied with, he determines to his satisfaction, after consultation with the director of the City Department of Water Resources, that the proposed well is so located in coordina- tion with other drilling locations so that the combined effect of such wells will not produce a rise in the surface of the one- hundred-year flood in excess of one foot. SECTION 6 Section 17.44.060 A. of the Bakersfield Municipal Code is hereby amended to read as follows: 17.44.060 Uses permitted subject to conditional use permit. A. All uses allowed in the underlying or base zone, if any, which are not allowed under Section 17.44.030; SECTION 7 Section 17.44.060 ~. of the Bakersfield Municipal Code is hereby amended to read as follows: 17.44.060 Uses permitted subject to conditional use permit. B. All uses which may be permitted subject to planning director approval and conditional use permit in the underlying or base zone, if any; SECTION 8 Section 17.44.070 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.44.070 Uses specifically prohibited. A. Landfills, improvements, developments or other encroach- ments which will, in the opinion of the city engineer, endanger life or property or that will significantly obstruct the natural flow of floodwater within the intermediate regional flood elevation; B. Storage of flotable substances or materials which will add to the debris load of the watercourse; C. Excavations that will tend to broaden the floodplain or direct flows out of the natural floodplain. SECTION 9 This ordinance shall be posted in accordance with the City Charter provisions 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 Council of the City of Bakersfield at a regular meeting thereof held on the 19th day of Janu&ry , 1982, by the following vote: CITY CLERK ~nd Ex Officio Clerk of Council of the City of Bakersfield the APPROVED this 19th day of January , the City of Bakersfield 1983 APPROVED as to Form: aJS/bl 10/20/82 12/21/82 Affi a of osling ( ri inau es STATE OF CALIFORNIA, f County of Kern ss. PHILIP ItELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ...................................Ja.v. ua~.....2.~ .......................................................,19....~...3... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ...................J...a.....n..~.~.~..~f......~.~.! .......................................19...8..~..., which ordinance was numbered_ ...............~.~..Q.Q. ...............New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending Sections 17.42. 040 D., 17.44.020, 17.44.030 ~., 17.44.040 A.1., 17.44.040 B., 17.44.060 A., and 17.44.070 of the Bakersfield Municipal Code relative to FP-P (Floodplain Primary) and FP-S (Floodplain Secondary) Zones. ,J~it y Clerk Subscribed and sworn to before me this ~th . day of ....... .J.~n~f~y ........................,19.~}..3_ .