HomeMy WebLinkAboutORD NO 2551ORDINANCE NO. 2551 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING SECTION 17.52.250 TO CHAPTER
17.52 OF TITLE 17 OF THE MUNICIPAL CODE OF THE CITY
OF BAKERSFIELD CONCERNING REQUIRED DISTANCE SEPARATIONS
BETWEEN HUMAN OCCUPANCY USES AND USES OF PROPERTY
INVOLVING THE USE OF DERRICKS AND AMENDING SECTIONS
17.36.020(f)1, 17.46.040(c) (4), 17.48.020(c) (14)
AND 17.48.020(d), RELATING THERETO.
follows:
BE IT ORDAINED by the Council of the City of Bakersfield as
SECTION 1.
That Section 17.52.250 is hereby added to Chapter 17.52 of
Title 17 of the Municipal Code of the City of Bakersfield to read as
follows:
17.52.250
of Uses.
Restricting and Regulating Location of Certain Types
A. PURPOSE. For the purpose of providing for the safety of the
people of the City of Bakersfield it is the intent of this Section to
provide for:
(a) Required notification and approval of any work requir-
ing derricks.
(b) Work on wells and other facilities.
(c) The surface location of wells and other facilities in
relation to human occupancy and other uses.
(d) The location of human occupancy and other uses.
B. REQUIRED NOTIFICATION AND APPROVAL OF WORK REQUIRING DERRICKS.
(a) No person shall perform any drilling, maintenance, oil
operation, redrilling, rework or other work involving the use of a
derrick in the City of Bakersfield unless he shall have so notified
the Building Director in writing and received from him an approval in
writing prior to the beginning of such work. The notice, when appli-
cable, shall conform to the following:
(1) The name and address of the owner of such well or
other object of the work and the property and site upon which the work
is to be performed.
(2) The number and location of the well, geological or
seismological testing hole, or other object of the work.
(3) The name and address of the person or firm who will
do the intended work involving the use of a derrick and the proposed
date for the actual starting of the work.
(4) A description of the equipment to be used in the
work, including the height of the derrick.
(5) A statement describing any and all buildings,
structures, facilities and other uses, including streets, located
within a radius of one hundred fifty (150) feet from the center of the
well casing of any described well or from the center of the geological
or seismological testing hole or other object of work involving the
use of a derrick.
(b) This notice requirement shall apply only to work on
wells or testing holes located or to be located within one hundred
fifty (150) feet of any of the uses listed in Subsection C. After the
initial application is approved for any location, no further filing is
required therefor unless the conditions under which the original
application was approved have changed substantially. If such changes
have not occurred, oral notice of further work shall be sufficient so
long as the provisions of this Section are fully complied with.
(c) When emergency conditions exist to such extent that
delays incurred in obtaining prior written approval may create an
immediate danger to property, public health or safety, work may
begin without prior approval so long as the Building Director is
notified as soon as possible.
C. WORK ON WELLS NEAR EXISTING USES. This section shall apply
to work on wells or testing holes located within one hundred fifty
(150) feet of certain uses, which wells, testing holes and uses, are
in existence on the effective date of this section. Whenever any
building used or designed for human occupancy, any street, any public
utility electrical generating receiving or distribution plant, any gas
vessel, loading rack for bulk distribution of petroleum products,
tanks containing hazardous materials (except those used exclusively
o
for the use of such wells or testing holes), any fire box openings for
boilers and heaters, and any like facility, is within one hundred
fifty (150) feet from the center of the well casing of any existing
well or testing hole, no maintenance, oil operation, redrilling,
rework, or other work involving the use of a derrick within the City
of Bakersfield, shall be performed on any existing oil well, water
well, testing hole, or similar object of work, unless the following
conditions and restrictions are satisfied:
(a) Permanent deadmen shall be installed and used for
steadying and reinforcing such derrick with guys.
(b) The height of the derrick in use shall not exceed 75% of
the distance between such well or hole and the nearest use specified
above; or the height of the derrick in use shall not exceed seventy
(70) feet where such distance separation is less than seventy-five
(75) feet.
D. LOCATION OF OIL WELLS, TESTING HOLES AND WATER WELLS. The
center of the well casing of any oil well, water well or any geologi-
cal or seismological testing hole, involving the use of a derrick,
shall not be located closer than one hundred fifty (150) feet from any
of the uses listed in Subsection C, except as follows: such distance
separation may be reduced to seventy-five (75) feet as to oil wells
and testing holes and to thirty-five (35) feet as to water wells, if
the following conditions and restrictions are satisfied:
(a) Permanent deadmen shall be installed and used for
steadying and reinforcing such derrick with guys.
(b) The height of the derrick in use shall be a minimum of
five (5) feet less than the distance separation between a water well
and any use listed in Subsection C above.
(c) When the height of the derrick in use exceeds seventy
(70) feet, such height shall not exceed 75% of the distance between an
oil well, testing hole or water well and any use listed in Subsection
C above.
(d) Or, in the case of an approval granted by the Board of
Zoning Adjustment, in the manner and in accordance with the conditions
and restrictions determined by such Board.
E. LOCATION OF HUMAN OCCUPANCY USES--APPLICATION TO BOARD OF
ZONING ADJUSTMENT.
(a) None of the uses listed in Subsection C may be erected,
constructed or installed within seventy-five (75) feet of an existing
oil well or testing hole not abandoned nor within thirty-five (35)
feet of an existing water well not abandoned, except for structures or
buildings incidental to the operation thereof.
(b) Notwithstanding such prohibition, when it is determined
by the City Engineer that such limitation as to the location of any
street is inimical to the public interest, he may apply to the Board
of Zoning Adjustment for approval of the construction of such street
within seventy-five (75) feet of an existing oil well or testing hole.
(c) Notwithstanding such prohibition, when the topography of
the subject property in its relation to an existing oil well or
testing hole provides a natural protection to such property or when
the proposed use on such subject property is designed to withstand
damage and injury which may be caused by toppling of the derrick, then
application may be made to said Board for approval of the erection or
installation of any of the uses, other than streets, listed in Sub-
section C, within seventy-five (75) feet of an existing oil well or
testing hole.
(d) The Board of Zoning Adjustment shall have authority to
grant or deny, subject to appeal to the City Council, approval of the
location of any street within seventy-five (75) feet from an existing
oil well or testing hole only upon application by the City Engineer;
and approval of the location of any of the other uses listed in Sub-
section C, within seventy-five (75) feet from such oil well or testing
hole, upon application of an interested person.
(e) In the event the Board grants approval for location of
such uses as permitted herein, it shall impose appropriate and reason-
able conditions which under the circumstances of each case, will
further provide for the public safety and welfare.
(f) The granting with conditions or the denial of an appli-
cation for approval shall be final unless within ten (10) days after
the decision of the Board, the applicant or other person aggrieved,
shall appeal therefrom in writing to the City Council by presenting
such appeal to the City Clerk.
F. WORK ON WELLS OR TESTING HOLES NEAR USES SUBSEQUENTLY ERECTED,
CONSTRUCTED OR INSTALLED--REDRILLING.
(a) Whenever any of the uses listed in Subsection C have
been erected, constructed or installed after the effective date of
this section and are within one hundred fifty (150) feet from the
center of the well casing of any existing well or testing hole, no
maintenance, oil operation, redrilling, rework, or other work involv-
ing the use of a derrick shall be performed on any existing oil well,
testing hole or water well, unless the following conditions and
restrictions are satisfied:
(1) Permanent deadmen shall be installed and used for
steadying and reinforcing such derrick with guys.
(2) The height of the derrick in use shall be a minimum
of five (5) feet less than the distance separation between a water
well and any use listed in Subsection C above.
(3) When the height of the derrick in use exceeds
seventy (70) feet, such height shall not exceed 75% of the distance
between an oil well, testing hole or water well and any use listed in
Subsection C.
(4) Or, in the case of an approval granted by the Board
of Zoning Adjustment, in the manner and in accordance with the con-
ditions and restrictions determined by such Board.
(b) Notwithstanding anything to the contrary contained in
this Section, application may be made to the Board of Zoning Adjust-
ment for approval of the redrilling of an existing oil well or water
well requiring the use of a derrick in excess of the height limitation
set forth herein. Such Board shall have the authority to grant or
deny, subject to appeal to the City Council, approval of the redrilling
applied for upon application of the interested person.
(c) Such approval shall be granted only when it is found
that the granting thereof is necessary to recover a substantial
natural resource and that the redrilling is therefore in the public
interest. In the event such Board grants approval for such redrilling
requiring the use of a derrick in excess of the said height limita-
tion, it shall impose appropriate and reasonable conditions which,
under the circumstances of each case, will further provide for the
public safety.
(d) The granting with conditions or the denial of an
application for approval shall be final unless within ten (10) days
after the decision of the Board, the applicant or other person
aggrieved, shall appeal therefrom in writing to the City Council by
presenting such appeal to the City Clerk.
SECTION 2.
That Section 17.36.020(f)1 of Chapter 17.36 of Title 17 of
the Municipal Code of the City of Bakersfield is hereby amended to
read as follows:
1. Distance separation requirements for oil or gas wells are
set forth in Section 17.52.250 of this Title.
SECTION 3.
That Section 17.46.040(c) (4) of Chapter
the Municipal Code of the City of Bakersfield is
read as follows:
(4) Distance separation requirements for oil
set forth in Section 17.52.250 of this Title.
17.46 of Title 17
hereby amended to
or gas wells are
of
SECTION 4.
That Section 17.48.020(c) (14) of Chapter 17.48 of Title 17
of the Municipal Code of the City of Bakersfield is hereby amended to
read as follows:
(14) Distance separation requirements for oil and gas wells are
set forth in Section 17.52.250 of this Title.
SECTION 5.
That Section 17.48.020(d) of Chapter 17.48 of Title 17 of
the Municipal Code of the City of Bakersfield is hereby amended to
read as follows:
(d) Distance separation requirements for oil and gas wells are
set forth in Section 17.52.250 of this Title.
SECTION 6.
When applicable orders of the State Division of Oil and Gas
exceed the limitations imposed herein, these regulations shall not
be applicable.
SECTION 7.
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 March , 1980,
by the following vote:
CounCil of the City of Bakersfield
APPROVED this 19thday of March
' . ', ' ? / '
M~of the City-of Bakersfield
, 1980
APPROVED as to form:
CITY OF BAKERSFIELD
BUILDING DEPARTMENT
Notification of Work on Wells or Testing Holes Located
Within 150 feet of other Uses
(Section 17.52.250, Municipal Code)
NOTICE IS GIVEN that applicant will perform work involving
use of a derrick in the City on a well or testing hole located or
to be located within 150 feet of a use listed in Subsection C of
Section 17.52.250 of the Municipal Code. The following information
is given in support of this application for approval:
Name, Address and Telephone Number of Owner:
Type of Work Intended:
Number and Location of Well or Testing Hole:
Work:
Name, Address and Telephone Number of Person or Firm Doing
Proposed Date and Time for Starting Work:
Brief Description of Equipment to Be Used:
Height of Derrick to Be Used:
Estimated Time For Use of Derrick:
Description of All Uses, Including Streets,
150 feet of Object of Work:
Located Within
DATE:
By
Owner or Authorized Representative
APPROVAL OF WORK
Performance of the work is approved in accordance with the
above application and the provisions of Section 17.52.250 of the
Municipal Code.
DATE: By
Building Director, City of
Bakersfield
By
Affidavit of j osttng ( r tnan es
STATE OF CALIFORNIA, f
County of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that-r~ March 20 19_?.?..
u ............................................................................................................................he posted on the Bulletin Beard
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
March 19
at a meeting thereof duly held on ...........................................................................19.._..~.~, which ordinance
n m r 255 I
was u be e~t .........................New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING SECTION 17.52.250 TO CHAPTER
17.52 OF TITLE 17 OF THE MUNICIPAL CODE OF THE CITY
OF BAKERSFIELD CONCERNING REQUIRED DISTANCE SEPARA-
TIONS BETWEEN HUMAN OCCUPANCY USES AND IfSES OF
PROPERTY INVOLVING THE USE OF DERRICKS AND AMENDING
SECTIONS 17.36.020(f)1, 17.46.040(c) (41), 17.48.020
(c) (14) AND 17.48.020(d), RELATING THERETO.
Subscribed and sworn to before me this
26th day of March ,19 80