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HomeMy WebLinkAboutORD NO 2305ORDINANCE NO. 2305 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 17.46.020, 17.46.030, 17.46.040, 17.46.100, 17.46.120, SUBSECTION (8) OF SECTION 17.46.130; ADDING SECTIONS 17.46.045, 17.46.125 AND REPEALING SUBSECTION (9) OF SECTION 17.46.130 OF CHAPTER 17.46 OF THE MUNICIPAL CODE CONCERNING THE FLOOD PLAIN ZONES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 17.46.020 of Chapter 17.46 of Title 17 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 17.46.020 Purpose and Application. A. Purpose. The purpose of the Primary Flood Plain Zone shall be the prevention of loss of life, the minimization of property damage, and the maintenance of satisfactory conveyance capacities of waterways through the prevention of obstructions in the flood plain which diminish the ability of the flood plain to carry overloads during periods of flooding and to permit economic recovery of oil, gas and hydrocarbon substances, to the end that such economically vital development will offer a minimum obstruction to flood flow, will not cause peripheral flooding of other properties, will not materially impair the ability of the primary flood plain to discharge the waters resulting from an intermediate regional flood, will either be resistant to flotation or immune to extensive damage by flooding. This zone is intended for application in those areas of the City which lie within natural stream beds and those portions of adjacent flood plains through which high velocity water flows are channelized in times of flood. B. Exclusive Zone. This zone is an exlusive zone and may be applied only to those areas within the boundaries of the intermediate regional flood which have been determined to be the primary flood plain area. SECTION 2. That Section 17.46.030 of Chapter 17.46 of Title 17 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 17o46.030 Uses Permitted. The following uses are permitted in the FP-P Zone: A. Remedial work, improvements and flood-proofing which will permit development within such zone in accordance with this chapter so that any such development will offer no more obstnlction to flood flow than that which will cause a 1.0 foot rise in the surface of the intermediate regional flood in any section of the river, will not cause peripheral flooding of other properties, will not materially impair the ability of the primary flood plain to discharge the waters resulting from an intermediate regional flood, will either be resis- tant to flotation or immune to extensive damage by flooding and will not endanger life or property. Bo Flood control channels, surface water spreading grounds, stream bed retarding basins and other similar facilities. Co Grazing, field crops, truck gardening, wildlife preserves, horticultural specialities, excluding trees, and similar agricultural or open-space uses, riding and hiking trails. Do Public utility facilities excepting those structures for which a conditional use permit is required under Section 17.46.050 of this chapter. SECTION 3. That Section 17.46.040 of Chapter 17.46 of Title 17 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 17.46.040 Uses The following uses Building Director: Permitted Subject to Building Director Permit. are permitted subject to a permit issued by the A. Private or public open recreational or sporting uses or events for a period of not to exceed one week at a time. B. Water wells, drilled not less than ten (10) feet of the toe of the bank of the river. C. Exploring and prospecting for, drilling for, developing, producing and removing, oil, gas and associated hydrocarbons which will permit the economic recovery of the maximum amount thereof, in, on, under or that may be produced from the land (including unit operations, waterflood, thermal or other assisted recovery methods) to inject in and thereafter remove therefrom fluid and gases, whether or not indigenous to the property, and the exercise of all rights and privilege useful or convenient for such operations. Nothing contained in this chapter shall in any way prevent the modification of the existing or future physical characteristics of the primary flood plain in order to meet the criteria and con- ditions described below. The permit shall remain in force until the well drilled under such permit is plugged and abandoned, unless sooner revoked under this chapter. Said permit shall provide that all drilling and producing operations shall conform to the conditions set out as follows: 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 flood flow, will not cause peripheral flooding of other properties, will not cause the sur- face of the intermediate regional flood to rise by no more than 1.0 foot at the time the application for permit is sought, will not materially impair the ability of the primary flood plain to discharge the waters resulting from an intermediate regional flood, and will either be resistant to flotation or irmnune to extensive damage by flooding and will not endanger life or property. 2. That oil or gas wells may not be drilled when the Kern River is conveying unregulated flow due to a mandatory release by the Corps of Engineers from Lake Isabella or for the affected reach of the flood plain when the flow exceeds 2,800 cubic feet per second between First Point of Measurement and Beardsley Weir or when the flow exceeds 2,100 cubic feet per second between Beardsley Weir and Rocky Point Weir or when the flow exceeds 1,000 cubic feet per second downstream from Rocky Point Weir. 3. That no oil or gas well shall be drilled within ten (10) feet of the toe of the bank of the river. 4. That no oil or gas well shall be drilled within thirty- five (35) feet of any public highway or within one hundred and fifty (150) feet of any residence constructed prior to the commencement of such drilling, without the written consent of the owner thereof, subject to applicable state law and regulations. 5. That all oil or gas wells in the primary flood plain, including pumps and all other associated equipment be designed such that they are resistant to damage by flooding. 6. That all pipelines in the primary flood plain be flood- proofed by burial to sufficient depth to prevent rupture during flood conditions or by suspension at least two feet above the surface of the intermediate flood. Supports for elevated pipelines shall also carry a catwalk to facilitate removal of detritus caught by supports during floods. 7. That a representative of the Public Works Department shall be informed of the burial of all pipelines and record location of same on suitable maps. 8. That all drilling, redrilling and producing (including remedial work, well pulling, workovers and deepening) shall conform to all applicable fire, safety, spacing and environmental state law and regulations. 9. That proven technological improvements generally accepted and used in drilling and production methods shall be adopted as they may become, from time to time, available if capable of reducing factors of nuisance and annoyance. 10. That within thirty (30) days of the issuance of the first permit to him, the permittee shall present to the Building Director a copy of a Spill Prevention Control and Counter-measure Plan prepared and maintained on file as required by the Environ- mental Protection Agency. 11. That all pumps expected to be inaccessible during times of flood shall be equipped with an accessible r~note switch to shut off the pumps during emergencies. 12. That the derrick, all boilers and all other drilling equipment used pursuant to this section to drill any well hole or to repair, clean out, deepen or redrill any completed or drilling 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 derrick, boilers and drilling equipment are to be used, within a reasonable time limit determined by the City Engineer and reported to the Building Director for the drilling of another well or wells on the premises. 13. That after any well has been placed on production, no earthen sumps shall be used for the storage of petroleum or gas. 14. That within ninety (90) days after any well has been placed on production or after its abandonment, earthen sumps used in drilling or production or both, shall be emptied by vacuum truck or other approved means then filled and the drilling site restored as nearly as practicable to a uniform grade, unless such sumps are to be used within a reasonable time limit determined by the Building Director. In all cases, however, all sumps must be immediately emptied, backfilled and returned to grade whenever the Corps of Engineers declare a mandatory release from Lake Isabella or when- ever Kern River flow exceeds the limits established by Paragraph 2 of this section. 15. That any derrick used for servicing operations shall be of the portable type, provided, however, that upon pre- sentation of proof that the well is of such depth or has such other characteristics, or for other cause, that a portable-type derrick will not properly service such well, the City Engineer and Building Director may approve the use of a standard type of derrick. 16. That no signs, other than directional and warning signs and those required for identification of the well shall be constructed, erected, placed or maintained on the premises, except those required by law to be displayed in connection with the drill- ing or maintenance of the well. 17. That prior to the drilling, redtilling or deepening of any well, the permittee shall file with the City Council a satisfactory corporate surety bond in favor of the City of Bakers- field in the sum of five hundred ($500) dollars per well, or two thousand five hundred ($2,500) dollars for five or more wells, executed by such permittee as principal and by an authorized surety company as surety, conditioned that the principal named in the bond shall faithfully comply with all the provisions of this section and to secure the City against all losses, charges and expenses incurred by it to obtain such compliance by the principal named in the bond. If a producing or service well is not secured upon land subject to said permit within twelve (12) months from the date of issuance of said permit, or within any extended period thereof, the permit shall expire and the premises shall be restored to the original condition as nearly as practicable so to do. No permit shall expire, however, while the permittee is continuously con- ducting drilling, redrilling, completing or abandoning operations, or related operations, in a well on the land covered by such permit, which operations were commenced while said permit was otherwise in effect. For the purpose hereof, continuous operations are operations suspended not more than thirty (30) consecutive days, If at the expiration of said twelve (12)-month period the permittee has not completed his drilling program, the Building Director may, upon a written request of the permittee, extend the permit for the addi- tional time requested by permittee for the completion of such drill- ing program. D. The attached Guidelines are advisory to the applicant in order to coordinate the drilling locations so that the rise in water surface of the 100-year flood will not exceed 1.0 foot. SECTION 4. That Section 17.46.045 is hereby added to Chapter 17.46 of Title 17 of the Municipal Code of the City of Bakersfield as follows: 17.46.045 Revocation of Permit. A. The Building Director may, pursuant to the provisions of this section, revoke the permit issued under Section 17.46.040 or 17.46.120, on the following grounds: 1. Failure of the holder of the permit to conform to any condition set forth in Sections 17.46.040 or 17.46.120 within 30 days after receipt of notice of same from the Building Director, or within a reasonable time if the deficiencies cannot be corrected within the said 30 days. B. No such permit shall be revoked until a hearing is held by the Building Director or his designated representative. Written notice of the time and place of the hearing shall be served on the holder of the permit at least 10 days before the date set for the hearing. The notice shall set forth a summary of the ground advanced as the basis for the revocation of the permit. C. At the hearing the holder of the permit or his authorized representative, shall be given an opportunity to confront and examine any adverse witnesses, and to present evidence on his own behalf. After the hearing the Building Director or his designated representa- tive shall either dismiss the complaint or revoke the permit. The Building Director shall cause the holder of the permit to be given notice in writing of his decision within 10 days after making it. D. Any holder of a permit whose permit is revoked pursuant to this section shall have the right, within 10 days after receiv- ing notice in writing of the revocation, to file a written appeal to the City Council. Such appeal shall set forth in detail the specific ground or grounds on which it is based. The: City Council shall hold a hearing on the appeal within 30 days after its receipt by the City, or at a time thereafter agreed upon and shall cause the appellant to be given at least 10 days written notice of such hearing. At the hearing the appellant or his authorized represen- tative shall have the right to present evidence and a written or oral argument, or both, in support of his appeal. The determina- tion of the City Council on the appeal shall be final. The holder of the permit may continue to operate in the City until all of his rights of appeal under this section have been exhausted. SECTION 5. That Section 17.46.100 of Chapter 17.46 of Title 17 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 17.46.100 Purpose and Application. A. Purpose. The purpose of the Secondary Flood Plain Combin- ing Zone shall be the protection of life and property from the hazards and damages which may result from flood waters of the intermediate regional flood and to permit economic recovery of oil, gas and hydrocarbon substances. B. Application. This zone is intended for application to those areas of the City which lie within the fringe area of the flood plain and are subject to less severe inundation during flood- ing conditions than occurs in the FP-P Zone. This zone is intended to be combined with other zones and may be applied only to those areas located within the boundaries of the intermediate regional flood which lie outside the FP-P Primary Flood Plain Zone. SECTION 6. That Section 17.46.120 of Chapter 17.46 of Title 17 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 17.46.120 Uses Permitted Subject to Building Director Permit. The following uses are permitted subject to a permit issued by the Building Director: A. Any use permitted under Section 17.46.040 of this chapter subject to the regulations and conditions as provided in this sec- tion. Nothing contained in this chapter shall in any way prevent the modification of the existing or future physical characteristics of the secondary flood plain in order to meet the criteria and con- ditions described below. The permit shall remain in force until the well drilled under such permit is plugged and abandoned, unless sooner revoked under this chapter. Said permit shall provide that all drilling and producing operations shall conform to the conditions set out as follows: 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 flood flow, will not cause peripheral flooding of other properties, will cause the sur- face of the intermediate regional flood to rise by no more than 1.0 foot, will not materially impair the ability of the primary flood plain to discharge the waters resulting from an intermediate regional flood, and will either be resistant to flotation or immune to exten- sive damage by flooding and will not endanger life or property. 2. That oil or gas wells may not be drilled at times when the river is conveying unregulated flow due to a mandatory release by the Corps of Engineers from Lake Isabella, unless the drilling area is completely protected from flood water by a levee built to a height providing 1.5 feet of freeboard above the surface of the intermediate regional flood and which is certified to be adequate by the Building Director. 3. That no oil or gas well shall be drilled within thirty- five (35) feet of any public highway or within one hundred and fifty (150) feet of any residence constructed prior to the cormmencement of such drilling, without the written consent of the owner thereof, subject to applicable state law and regulations. 4. That all oil or gas wells including pumps and all other associated equipment be floodproofed by placement on top of an island providing one foot of freeboard above the surface of the intermediate regional flood or by placement behind a levee built to an elevation providing 1.5 feet of freeboard above the surface of the intermediate regional flood, or by other suitable means approved by the Building Director. 5. That pipelines in areas of the secondary flood plain not protected by a levee built 1.5 feet above the surface of the intermediate regional flood certified to be adequate by the Building Director, shall be flood-proofed by either burial to sufficient depth to prevent rupture during flood conditions or by suspension a minimum of one foot above the surface of the intermediate regional flood. Supports for elevated pipelines shall also carry a catwalk to facilitate removal of detritus caught by supports during floods. Pipelines in areas of the secondary flood plain protected by a levee of the type described above do not require floodproofing, although it is encouraged. 6. That a representative of the Public Works Department shall be informed of the burial of all pipelines and record loca- tion of same on suitable maps. 7. That all drilling, redrilling and producing (including remedial work, well pulling, workovers and deepening) shall conform fire, safety, spacing and environmental state law to all applicable and regulations. 8. That proven technological improvements generally accepted and used in drilling and production methods shall be 10. adopted as they may become from time to time available if capable of reducing factors of nuisance and annoyance. 9. That within thirty (30) days of the issuance of the first permit to him, the permittee shall present to the Building Director a copy of a Spill Prevention Control and Counter-measure Plan prepared and maintained on file as required by the Environ- mental Protection Agency. 10. That all pumps expected to be inaccessible during times of flood shall be equipped with an accessible re,note switch to shut off the pumps during emergencies. 11. That the derrick, all boilers and all other drilling equipment used pursuant to this section to drill any well hole or to repair, clean out, deepen or redrill any completed or drilling 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 derrick, boilers and drilling equipment are to be used, within a reasonable time limit determined by the City Engineer and reported to the Building Director, for the drilling of another well or wells on the premises. In all cases, however, the above-named equipment shall be removed prior to November 1 each year unless properly floodproofed in accordance with paragraph 4 of this section. 12. That after any well has been placed on production, no earthen sumps shall be used for the storage of petroleum or gas. 13. That within ninety (90) days after any well has been placed on production, or after its abandonment, earthen sumps used in drilling or production, or both, shall be emptied by vacuum truck or other approved means, then backfilled and restored as nearly as practicable to uniform grade unless such sumps are to be used within a reasonable time limit determined by the Building Director. All sumps however, may not be used and must be in~nediately emptied and returned to grade whenever the Corp of Engineers declares a mandatory 11. release from Lake Isabella, unless the sump is completely protected from flood water by a levee built to a height providing 1.5 feet of freeboard above the surface of the intermediate regional flood and which is certified to be adequate by the Building Director. 14. That any derrick used for servicing operations shall be of the portable type, provided, however, that upon presentation of proof that the well is of such depth or has such other character- istics, or for other cause, that a portable-type derrick will not properly service such well, the Building Director may approve the use of a standard type of derrick. 15. That no signs, other than directional and warning signs and those required for identification of the well shall be construc- ted, erected, placed or maintained on the premises, except those required by law to be displayed in connection with the drilling or maintenance of the well. 16. That prior to the drilling, redrilling or deepening of any well, the permittee shall file with the City Council a satisfac- tory corporate surety bond in favor of the City of Bakersfield in the sum of five hundred dollars ($500) per well, or two thousand five hundred dollars ($2,500) for five or more wells, executed by such permittee as principal and by an authorized surety company as surety, conditioned that the principal named in the bond shall faithfully comply with all the provisions of this section and to secure the City against all losses, charges and expenses incurred by it to obtain such compliance by the principal named in the bond. If a producing or service well is not secured upon land subject to said permit within twelve (12) months from the date of issuance of said permit, or within any extended period thereof, the permit shall expire and the premises shall be restored to the origi- nal condition as nearly as practicable so to do. No permit shall expire, however, while the permittee is continuously conducting drilling, redrilling, completing or abandoning operations, or related 12. operations, in a well on the land covered by such permit, which operations were con~nenced while said permit was otherwise in effect. For the purpose hereof, continuous operations are operations sus- pended not more than thirty (30) consecutive days. If at the expira- tion of said twelve (12)-month period the permittee has not com- pleted his drilling program, the Building Director may, upon a written request of the permittee, extend the permit for the addi- tional time requested by permittee for the completion of such drill- ing program. B. The attached Guidelines will be used to coordinate drilling locations so that the rise in water surface of the 100-year flood will not exceed flood elevations given therein by more than 1.0 foot. of Title follows: 17.46.125 Revocation of Permit. A. The Planning Director may, SECTION 7. That Section 17.46.125 is hereby added to Chapter 17.46 17 of the Municipal Code of the City of Bakersfield as pursuant to the provisions of this the following grounds: 1. Failure of the holder of the permit condition set forth in Section 17.46.120, within section, revoke the permit issued under Section 17.46.120, on to conform to any 30 days after receipt of notice of same from the Building Director, or within a reasonable time, if the deficiencies cannot be corrected within the said 30 days. B. The procedure for revocation, hearing and appeal shall be as set forth in Section 17.46.045 of this Chapter. SECTION 8. That subsection (8) of Section 17.46.130 of Chapter 17.46 13. of Title amended to read as follows: (8) Orchards, tree crops, nurseries and cultural uses. 17 of the Municipal Code of the City of Bakersfield is similar agri- SECTION 9. That subsection (9) of Section 17.46.130 of Chapter 17.46 of Title 17 of the Municipal Code of the City of Bakersfield is hereby repealed. SECTION 10. This ordinance shall become effective and after the date of its passage. thirty days from .......... o0o .......... 14. 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 6th day of December , 1976, by the following vote: F~STAm ) , Council of~the Cit~ of ~akersfield the CITY~E~ and E~ Clerk of APPROVED this 6th/~y of December , 1976 APPROVED as to form: CITY ATTORNEY of t~'city of Bakersfield Aff av of osfing STATE OF CALIFORNIA, ~ 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 iBakersfield; and that oa ............................I~.e_c....e...~_t~.?..~....7.. ..............................................................., 19...~...6... 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 ..................D...e...~.e...~]~.?.?......P. ..................................., 19.~_.6..._, which ordinance was numbered .........~30.p ..................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 17.46.020, 17.46.030, 17.46.040, 17.46.100, 17.46.120, SUBSECTION (8) OF SECTION 17.46.130; ADDING SECTIONS 17.46.045, 17.46.125, AND REPEALING SEBSECTION (9) OF SECTION 17.46.130 OF CHAPTER 17.46 OF THE MUNICIPAL CODE CONCERNING THE FLOOD PLAIN ZONES. Subscribed and sworn to before me this 9 .t.l~ day of !~ ~..e ~.~.~. ...................19..~ ~ ~1..................~~,~ o~ ~,,, ~ o, ~:;~;~i~ .......