HomeMy WebLinkAboutORD NO 3856ORDINANCE NO. ~I 85 6
AN ORDINANCE AMENDING CHAPTERS 17.46, 17.47, AND
15.67 TO THE BAKERSFIELD MUNICIPAL CODE
RELATING TO THE DRILLING ISLAND (DI) DISTRICT,
PETROLEUM EXTRACTION (PE) COMBINING DISTRICT,
AND OIL AND GAS PRODUCTION.
WHEREAS, on May 6, 1998, the City Council adopted an Ordinance No. 3840
adding Chapters 17.46 17.47, and 15.67 to the Bakersfield Municipal Code Relating to the
Drilling Island (DI) District, Petroleum Extraction (PE) Combining District, and Oil and Gas
Production in consideration of 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, the intent of said ordinance is to provide for the current and continued
oil and gas exploration production and agricultural production in areas located in the
Sphere of Influence boundaries, and prezoned areas but not yet annexed to the City of
Bakersfield, which have been granted previous approval by the County of Kern for said
production activities; and
WHEREAS, the area generally located between Rosedale Highway, Kern River,
Gibson Street and the Friant-Kern Canal was prezoned as M-2 (General Manufacturing)
and M-3 (Heavy Industrial) zones on July 15, 1992, with the adoption of Ordinance No.
3473 (File No. 5275); and
WHEREAS, application of said Chapters 17.46, 17.47, and 15.67, is also
appropriate to the area described in ZUA File No. 5275 (Ordinance No. 3474); and
WHEREAS, the area is located within the Fruitvale Oil Field with long established
active oil and petroleum extraction and production activities; and
Page 1 of 5
.ORIGINAL
WHEREAS, the City Council has determined that it is in the best interest of the City
to adopt this ordinance amendment to enhance the quality of life and to protect the health,
safety and welfare of its citizens; and
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, the initial study prepared and the Negative Declaration adopted by the
City Council on April 22, 1998 in relation to adoption of Ordinance No. 3840, is applicable
to this proposed amendment; and
WHEREAS, the Planning Department of the City of Bakersfield has determined that
there has been no new information submitted on the record to indicate the proposal will
have a significant effect on the environment; therefore the Initial Study prepared for
Ordinance No. 3840 and the Negative Declaration adopted on April 22, 1998 by the City
Council is adequate for this project; and
WHEREAS, a Negative Declaration was re-advertised and posted on May 22, 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 June 18, 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
Californian and posted on the bulletin board of the Bakersfield City Planning Department
on May 22, 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.
Page 2 of 5
ORIGIN^[
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.
5. The land to which said Chapters 17.46, 17.47, and 15.67 apply include the
land 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 (as shown on map on file with the
Planning Director) and the lands subject to pre-zoning approved by Ordinance 3473, (ZUA
File No. 5275).
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.
Section 17.46.010 of the Bakersfield Municipal Code is hereby amended to read as
follows:
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
is currently subject to the City's expansion of its Sphere of Influence on or after January
1, 1998, and all that area as shown as affected on Map 1 on file with the Planning Director.
Page 3 of 5
ORIGINAi
SECTION 2.
Section 17.47.010 of the Bakersfield Municipal Code is hereby amended to read as
follows:
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 resoumes 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 is currently
subject to the City's expansion of its Sphere of Influence on or after January 1, 1998, and
all that area as shown as affected on Map 1 on file with the Planning Director.
SECTION 3.
Section 15.67010 of the Bakersfield Municipal Code is hereby amended to read as
follows:
15.67.010 Purpose and 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
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 is currently subject to the City's expansion
of its Sphere of Influence on or after January 1, 1998, and all that area as shown as
affected on Map 1 on file with the Planning Director.
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.
.......... 000 ..........
Page 4 of 5
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
AUG ! 2 ~ ,1998, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROW LES~=PcL-I~'~, SALVAGGIO
COUNCILMEMBER ~i
COUNCILMEMBER
COUNCILMEMBER .~.¢..)
Aseistant CITY CLERK and Ex Officio Clerk of the City
Council of the City of Bakersfield
APPROV/~.~THI~S AUG ~-2 ~
MAYOR
APPROVED as to form:
CARL HERNANDEZ
ASSISTANT CITY ATTORNEY
P:\owtx~OILW ELL.txo.wpd--
June 22, 1998/jeng
Page 5 of 5
ORIGINAL
EXHIBIT "A"
ORDINANCE AMENDMENT TO
BMC CH. 17.46, 17.47, 15.67
EXHIBIT "B"
MAP 1
CITY OF BAKERSFIELD
BMC CHAPTERS 17.46, 17.47 AND 15.67
:;;;;J
:;;;;!
SPHERE OF
INFLUENCE
UMITS
.../=~/s~
B~K
AFFECTED
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 14th day of August ,1998 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3856., passed by the
Bakersfield City Council at a meeting held on the 12th day of August, 1998 , and
entitled:
AN ORDINANCE AMENDING CHAPTERS 17.46, 17.47, AND 15.67
OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE 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:\DOCU MEN'I~AOPOSTING
August 14, 1998