Loading...
HomeMy WebLinkAbout05/14/2001 BAKERSFIELD David Couch, Chair Sue .Benham Mike'Maggard Staff: John W. Stinson URBAN DEVELOPMENT COMMITFEE of the City Council - City of Bakersfield Monday, May 14, 2001 1:00 p.m. City Manager's Conference Room, 'Suite 201 Second Floor- City Hall, 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT APRIL 2, 2001 AGENDA SUMMARY REPORT 3. PUBL'IC STATEMENTS 4. DEFERRED BUSINESS A. -Site for.High Speed Rail Station - CommentS.by Herman Ruddell Discussion and. Committee direction to staff and/or recommendation B. Discussion and Committee recommendation on-construction dust control in Brimhall Estates area · C. Discussion and,Committee recommendation regarding Transportation Impact Fees 5. NEW 'BUSINESS -A. ,Discussion and Committee recommendation regarding ordinance amending the Planned Commercial Development Zone to allow for combined zones - Hardisty B. Discussion and-Committee recommendation regarding new zone for commercial development - Grady C. Discussion and Committee recommendation regarding City/County drilling requirements - Grady D. Staff report and Committee recommendation regarding halfway houses, rehab and boarding facilities -rHardisty 6. COMMI'I-rEE COMMENTS 7. ADJOURNMENT S:~John\UrbanDev2001\udO1may14agen.wpd F~L[ C 0 P V" D AFT BAKERSFIELD Alan Tandy, City Manager Sue Benham Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Meeting of Monday, April 2, 2001 4:00 p.m. City Manager's Office - City 'Hall 1. ROLL CALL Called to order: 4:07 p.m. Present: Counoilmember David Couch, Chair; (left at 5:50 p.m.) Councilmembers Sue .Benham; and Mike 'Maggard 2. ADOPT MARCH 12, 2001 AGENDA SUMMARYiREPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. DEFERRED :BUSINESS A. Staff :update and Committee recommendation regarding tree ordinance Planning Director Stan Grady reported staff-has contacted the cities of Fresno, Glendale, Modesto, Stockton, and Sacramento to survey the type of enforcement methods other cities have for tree .pruning and landscaping. Results showed their language to be similar to what.we have in terms of requiring.the landscaping be maintained.in a standard condition and using reference to standards · for methods of pruning. None of the cities surveyed had enforcement that would set associated fines or penalties. Their enforcement issues are handled similar to ours. A complaint call and response basis is used, which is handled by-their code enforcement division or some similar structure in their organization. When a complaint is valid and there is non-compliance .with the ordinance, progressive enforcement is used. -For a first-time offense, code enforcement issues a verbal warning, if it.reoccurs, a written warning and then if repeated, a citation is issued. Dana Adams, Tree.Foundation,.gave a presentation of the standards the Tree Foundation would like applied. 'She spoke about their work over the last year reviewing the landscape ordinances, and would .like the Committee to .look at their work and move forWard. She also presented .a statement from the 'League of Women Voters. Ken Hooper, Tree Foundation of Kern, spoke regarding the type of trees being planted and would like to see shade-type trees planted. DRAFT AGENDA SUMMARY REPORT Monday, April 2, 2001 Page -2- Lorraine Unger, Sierra Club, spoke regarding the need for aggressive enforcement of the ordinance and not call and response. Committee member Benham made a motion that the Committee recommend adoption of the revisions to the ordinance agreed upon, set the percentage of required shadecoverage at 40% as our goal for new commercial development, and also, the City be required to meet all -the standards that are placed on commercial development. She-recommended the issue regarding enforcement of the tree ordinance-be reviewed further at the Committee .level. Committee member Maggard expressed reservations about changing the shade coverage requirement from 30% to 40% as there are still questions on how it will change the look and character of parking lots. Fred Porter, CELSOC; commented that above and beyond the number of trees that are going to be planted, the primary concern expressed at.recent meetings was commercial developers want to have visibility to buildings. The more trees planted in front of the building, the lesser the visibility. Brian Todd, BIA of Kern County, commented maintaining the 30% tree coverage formula is not staying static, as the industry.has agreed to the larger five-bY'five foot tree wells, which will allow trees to grow faster and develop larger canopies earlier. It remains to be seen how much difference this makes before the industry agrees to increasing the shade coverage formula. Also, adequate allowance should be made for people who will not park under trees because sap and birds cause paint damage to cars; The Committee discussed that if the recommendation is forwarded to the Council, .the .percent of shade coverage could be modified at the Council meeting. Planning Director Stan Grady was directed to meet with the tree committee again before this item goes to Council. The Committee unanimously approved the motion and forwarding the revised ordinance-to the City Council (for referral .to the Planning Commission), and reviewing the enforcement issue further at the Committee level. B. 'Staff update and ~Committee.recommendation regarding Freeway Status .Report -The Committee deferred this item. There will be a workshop on April 25th. C. Staff update and Committee recommendation regarding opening Shellabarger Road at Pepita Way Interim Public Works Director Jack LaRochelle gave an update on drainage concerns if road improvements are constructed to open the gate at Shellabarger Road. Other areas around Jewetta and Brimhall Road are starting to develop in small pieces and there.is also a drainage issue on the north-side of Brimhall Road. Typically, the landowners/developers build small sumps. There is a plan to combine the proposed small sumps into one.larger sump and create a planned drainage area through the .Subdivision Map Act. This would be an overall drainage solUtion for the whole area. Typically, the City .builds the facilities and then as development occurs, part of their development plan is a reimbursement .to the City for those up-front costs. A site has .been identified near the south side of Mr. Koch's property. Total coSt for the improvements would be approximately $18b,000. This is viewed as a solution to drainage for Mr. Koch's property and the small site developments in that area. There are other issues regarding opening the road and negotiations are still ongoing with Mr. Koch. D AFT AGENDA SUMMARY REPORT Monday, April 2, 2001 Page -3- J. T. Bird, Leonard Koch, Cynthia Ikeda, Stuart Baugher, and Anne Addis spoke in opposition to opening the gate at ~;hellabarger Road. One of the main issues expressed was traffic safety concerns due to traffic cutting through the neighborhood. Stuart Baugher also. presented a petition signed by those m oppos~t,on to opening the gate. Debra Coyle and Karen Cox spoke in support of opening the gate at Shellabarger Road. Concerns were expressed regarding 'the need to make the road more accessible to police and emergency vehicles. Committee Chair David Couch-stated due to traffic concerns, he'would like to wait until Calloway is completely finished-before.making a recommendation. He stated he is very disappointed the traffic control guard 'the County had working at the intersection has not been there for several months. Committee Chair David-Couch left the meeting .at 5:50 .p.m. for another commitment. The Committee directed staff to forward information including the need for the traffic control guard to County Roads Director Craig Pope and copy Supervisor :Barbara Patrick. There was a request for this item go to the next City Council meeting. As the Committee members were .unaware of the request'prior to the Chair leaving the .meeting, the Committee-recommended, pending approval of the Committee Chair, that this item be on the next Urban Development. Committee agenda. However, as Calloway will not be.finished, there may be no action taken. 5. NEW 'BUSINESS A. Discussion and,Committee recommendation.on .construction dust control-in Brimhall Estates area (This item rheard first.) Interim Public Works Director Jack LaRochelle, also a resident of the area, .explained because of the ,unusual high wind storm sometime ago.(and again recently) followed'by rain instead of being preceded by rain, a large amount of dust and.dirt was blown northerly and also westerly from an area that .had been .graded for subdivision. Franklin D. Gordon, Attorney, representing homeownersJn theBrimhall/Allen area, spoke regarding homeowners' concerns about health issues and damage to their property caused .by the dust. The residents want the City to establish procedures to mitigate the dust, not only in new construction .but in areas graded for construction left. dormant ~because construction -is. not currently ongoing. Dr. Roger Paulson,-DVM, 12601 Longmeadow Way, spoke about zero visibility on Longmeadow Drive on 'March 4"~, concerns about health issues, thick-dirt coming over his fence, traffic safety and property damage to his house and landscaping due to the dust blowing from the .open field across the road. He suggested retaining walls and covering dirt piles. He submitted copies of letters written to Castle and Cooke, pictures and a video of the storm. Larry Herman, 12900 Appaloosa, stated he lives in the County on the corner of Allen Road and Appaloosa and gets the 'blunt end-of the dust. He spoke about several thousands of dollars to repair dust damage to his home as the attic and duct work had to be cleaned and the AC unit replaced from the earlier dust storm and now again this year. He expressed 'concerns about his children's health. He also submitted video tape. D AFT AGENDA SUMMARY REPORT Monday, April 2, 2001 Page -4- Jack Eberly, Brimhall Estates, spoke about the City and County.knowing the law and regulations that need to be enforced and wants immediate action taken. Steve Moses, Brimhall Estates, spoke about safety concerns when driving to Brimhall Estates due to the tack of visibility during dust storms causing hazardous driving conditions. Stephan-DeBranch, Castle and Cooke, spoke about the concerns being addressed, but feels they have maintained the property and the storm was an act of God. He stated they have adhered to all ordinances during construction and if new ordinances are implemented, they will comply with those as well. There are plans to develop the property with streets in the next 30 .to 60 days. The six-foot block wall should be finished to Allen Road within the .next 30 days. The Building Division approves grading plans for homes/building pads. Building Director .Dennis Fidler explained the Building Code is set up to cover dust control after the lots are designed. Castle and Cooke submitted grading plans to both Public Works and Building. Current building codes look at the -type of soil for stability to make sure the structure-does not fail. Dust 'control mitigation is after the development is set and started. The class of the soil (extremely sandy) in that area dries out rapidly. It was noted, block walls are not required on. all tracts. Staff submitted a copy of the City's letter and copies of three violations-issued .to Castle and Cooke from the Air Pollution Control .Board. The Public Works Department approves grading :plans for drainage. Jack LaRochelle stated from a development standpoint, the process'Castle and.Cooke followed is nearly identical to every other development that occurs throughout the City. First, theland is irrigated, then ~100% of the grading is done all at once, roads and lots.are cut, and:the soil is compacted. The spoil matedal collected into piles is typical in every development. This dirt is spread .out later in the next phases of development. Typically, this works very well and the soil is hard, but the soil in this area, as we know from expanding the recharge-basins, is extremely sandy. With respect to dust control, in the grading plan and -through .plan checks when dust is kicked up at the site, water trucks are .brought in during the construction of roads, curb and gutter, sewer and storm drains. Dennis Fidler stated he.believes Castle and CoOke complied with the,regulations on the books and applied water when they were trenching, digging or moving.dirt, .but due to the soil type, a day or two later the soil is dry. This is the worst soil problem he remembers encountering. As development moves further west, we are going to encounter more of this fine desert sand. The City Attorney stated we can only control ~City regulations, .but anytime a developer gets a map there is a CEQA and an.Environmental Impact Report. -Dust creation is covered.by the CEQA. The City Attorney requested time to review all the information presented and look at the EIR to see if our regulations need'to be enhanced, and review ordinances and enforcement in other communities. Committee members expressed the process should be such that the public gets .protected .and knows what the City expects of anyone developing land, the developers/landowners know their · responsibilities, and the City.holds them to that standard. If the City's standard has been adhered to and is inadequate to protect the citizens, then we need to address whether or not the standard needs .to be changed. The Committee .does not want to create regulation so onerous it causes development in all the other areas of qur community .to be vastly overly costly, because mitigation is not required there. AGENDA SUMMARY REPORT· Monday, April 2, 2001 Page -5- Committee Chairl David Couch requested staff to come back to the Committee with any enhancements staff recommends are needed, and stressed one of the key elements to be considered would 'be soil type. The Committee directed staff to meet with the Development Streamlining Committee to get input from the development community and notify Mr. DeBranch; Mr. Gordon who represents homeowners; and:, other affected 'residents in the area of the meeting. B. Discussion and Committee recommendationregarding ordinance amending the Planned Commercial :Development ZOne to allow for combined zones Deferred .to tl'ie next meeting. C. Discussion and Committee recommendation regarding new zone for commercial development Deferred to the next meeting. D, Discussion and Committee:recommendation .regarding City/Countydrilling requirements Deferred to the next meeting. 6. ADJOURNMENT I The meeting was adjourned at 6:00,p.m. Attendance staff: City Manager Alan Tandy; Assistant City Manager John Stinson; Economic Development Director Donna Kurtz; City Attorney Bart Thiltgen; Interim ,Public Works Director Jack LaRochelle; Planning Director Stan Grady; Deputy.City Attorney Carl Hernandez; Public Works Civil Engineer Ted Wright; Building Director Dennis Fidler; and:Public Works Civil Engineer Marian Shaw. Others: Carl ~Moreland, CELSOC; Fred Porter, CELSOC; Larry Herman, Appaloosa home.owner; Franklin 'Gordan, Attorney for home owners in Brimhall/Allen; Di'. Roger Paulson, DYM. Brimhall/Allen home owner; Charolette Telese, Brimhall/Allen home owner; Janavee Meier, Appaloosa home owner; Jack,Duncan, Brimhall/Atlen home owner; Chris Duncan, Brimhall/Allen home owner; Gene Telese, 'Brimhall/Allen home oWner; Jack-Eberly, Brimhall Estates; Stephan DeBranch, Castle and:Cooke; Steve Moses,. Brimhall home owner; Brian Todd, BIA of Kern County; Rhonda Stallone, 'Kern County Administrative Office; Cassie Daniel, Bakersfield Association of Realtors; Dave Cross, Architect; Karen Cox, Shellabarger; Stuart Baugher, Shellabarger and :Pepita; J. T. Bird, Shellabarger and Pepita; Leonard Koch, Shellabarger and Pepita; Debra Coyle, Shellabarger; Anne Addis, Shellabarger and Pepita; Cynthia Ikeda, Shellabarger and Pepita; Lorraine Unger, Sierra Club; Dana Adams, Tree Foundation; Ken Hooper, Tree Foundation; Lisa-Barton, Tree.Foundation; Erika Stockton; Tree.Foundation; and John Sarad. . cc: Honorable Mayor and City Councilmembers S:~John\UrbanDev2001\UD01aPr02sumrnary.wpd BAKERSFIELD · PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan'Tandy, City Manager FROM: ques R. LaRochel,le, Interim Public Works .Director DATE: [J May4, 2001 sUBJECT: Transportation Impact Fee - Proposed Increase My staff met today with representatives of the Building Industries Association to discuss increasing the transportation Impact Fee Program by the Construct.ion Cost Index, as allowed by the Municipal Code. This index has increased by 6.78% during the period covering 1997 to 2000. The program was instituted in February of 1997, and neither the fee schedule nor the underlying facilities costs have been increased since then. Staff proposes to raise both the underlying facilities costs and thefee schedule by 6.78%. This will enable .the .City to give more Transportation Impact-Fee Credit back to developers who build facilities on the Impact Fee List, as well as collect a fee more in line with our actual costs. The proposed fee schedule is attached. The Building Industry Association representatives have agreed to this concept and will .propose this to theit board.at their May 14 meeting. S:~PRO~TIIAPHASE2kCMO F~ ln.xt~ M~.mo.wlxl m~ x¢: l~adin8 Fil~ IMaj~ct Fil~ PROPOSED TRANSPORTATION IMPACT FEE INCREASES Based upon-the ENR Construction Cost Index , ,~ :::~::::':.: ~::'::?"~ Fee:Per:: Fee per,¥. :;~,:: Feeperi?: !:TypeNO. !.i::?...:' unit::::~ :i !:~ Single Family, Detached 1 $1,179 $2,197 $2,346 MultPFamily 2 $828 $1,471 $1,571 -Heavy/Service Industrial 3 $87 $87 $~3 Uoht Industrial 4 $38 $38 $4~ ~ndor ~00,000 sq.~. fi $33 $33 $35 ~00,000 - ~ ~0,~¢ sq.ft. ~ $3~ $3~ $42 200,000 sq.~. & ovor 7 $4~ $4~ $44 ~nder ~0,000 sq.~. 8; $3~ $35 $37 ~0,000 - 4~,0~0 sq.~. ~ $25 $45- $48 50,000 - ~,¢0~ sq.~. ~0 $28 $~Q $~4 ~00,000 - ~,¢¢~ sq.~. ~ ~ $3~ ~/A ~/A 200,000 - 2~0,~00 sq.~. ~ 2 $35 300,000 - 3~,~ sq.~. ~ 3 $44' 400,000 - 40~,0¢~ sq.~. ~4 $53 500,000 - 000,~00 sq.~. ~5 $~4 '~,000,000 sq.~. & over .~ $7.~. 0~/08/~2 0~ 0107 proposed 0~1410~ Construction Cost Incmaso = · ~-, -~MAY-10-OI~ 11:09 AM MIHTER VIELD 661 ~9~ ~049 P. 01 CHAIRMAN Michel 1~r VIGE CHAIRMAN Rob~t M~ls Ms ~ue Bcnlmm, Counc[~person Ward Two z~ wc~ c~l~ C'h? Council 5h~rl~ ~wnp~ Chy o~' PRE~IDENT ~ ~ 'Fruxtu~t ~vcDuc C~y ~ut~t~ Bakersfield, CA 93301 SECRETARY The ('.ity o1' Bakersfield and the Downtown Business and Property Owners XRE~SURE~ Association (DBA) each strongly ~dvocates a Downtown-station fi)r Speed Ground Transportation. After care~l research, cvatuatitm and consideration, ~he DBA now respectfully [equests the City of Bakerstield ao~oo~mn~em~ together with the DBA jointly recommend three High-Speed Rail Slatitm sites $~ ~ar~w~( fi~r Bakersfield We believe that jointly making this recommendation to the ~ ~hl,p~,nt~ey High Speed Rail Authority will increase leverage and support for a Dow,tow, wes a~adf~d Station. This recommendation is 't~r o.-/he.mai.-li.e direct ,~ervice. the highcsl Jeffrey ,$el~ CoIlt~ and best level of se~ice, and is made without site preference. L~y :Fields ~ ~ 'lhe three o.-lhe-mui.-/ine ~irccl service recommended sites arc: M~k LoRose * Golden State Avenue near N1 and Q Streets ~zt~ Mola~ ~ O'Nell · Tmxtun Avenue near Union Avenue or S Street J~Randall · Seventh Standard Road near SR99 connecting to Meadows Field, Oa~d Re~d ~ itT~Ol'l ()plioIl) ~y Relder Roteo'Rol~ck NO[~ '['Itc Keri1 Ttallsporlal. Joll.FOtllZdllt~oll [ik~wJ~ rccoHllllCltdS linc SlHItC IIlI'C~ .~ilcs. htm~,xcr H~an ~uSd~ll Ihcir analysis assumed Illalldato~ tlrblHl speed restrictions, slid i;ite$ [he I~'o Dol¥,li~xxlt bee 5~de best for a Ics~r Icvcl t~-lhe-~a~-Iine indirect ~'~,ic'e. LIAISON All AttTJorl ()plioll iS included with two DowtltOwll sites tbr the tbll~wing ~ u,n~ reasons: ~ncll Woman Seco~ . The County Board of Supe~isors favor this site The Golden 5tare A~cnue Site as proposed includes a planned direcl cunnection via fixed transit into the airport terminal. (a ~izllJl;ll' OpHOII Ihe Tmxlull sile is also ~ MAY-10--O1 11:10 AM MINTER FIELD 661 39~ 3049 P.02 · A properly designed airport connection from Down,town is eligible for FAA funding, and is considered to be very, important feature Ibv Bakersfield service · Should the High Speed Rail Authority choose an airport sit~:, a correspondir~g direct connection .into Downtown will be "on the table". Thank you fOr your continued interest in the DBA, your Downtown Business and I~roperty Owner constituents advocating tbr increased pri~ate inve.~tm~nt ~l~portunity in a growing vibrant Downtown. l:~y Directicm of the Board of Directors Mike Russo. ('halrman Cathy Butler. President cc: Mayor I larvey flail Council members: Carson, Couch, Hanson, Maggard, Salvaggio, and Sullivan. BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, City Manager ~)2JACQUES R. LaROCHELLE, FROM: "-J~V' Interim PublicWorks Director /1" DATE: U May 7, 2001 SUBJECT: TRANSPORTATION IMPACT FEE- UPDATE Council Referral No. WF0018841 / 001 (Ward 4) I Councilmember Couch requested that staff provide an update on our Transportation J Impact Fee negotiations with the building community. (Constituent request) Public Works staff met on May 4, 2001 with representatives of the Building Industry Association to discuss increasing the transportation Impact Fee Program by the Construction Cost Index, as allowed by the Municipal Code. This index has increased by 6.78% during the period covering 1997 to 2000. The program was instituted in February of 1997, and neither the fee schedule nor the underlying facilities costs have been increased since then. Staff proposes to raise both the underlying facilities costs and the fee schedule by 6.78%. This will enable the City to give more Transportation Impact Fee Credit baCk to developers who build facilities on the Impact Fee List, as well as collect a fee more in line with our actual costs, l'he proposed fee schedule is attached. The Building Industry Association representatives have agreed to this concept and will present this to their Legislative Committee on May 14 and will report the committee's recommendation to the BIA board for their action at their May 24 meeting.' Also, at this meeting, Pat Ebel with the Kern County Roads Department proposed that we start the process to restudy the Impact Fee Program. With new census data and the updated traffic model being finalized for Kern COG, it may be appropriate to reconvene the Technical Advisory Committee and restudy the facilities list, cost assumptions and land use patterns. This process takes a great deal of time - at least 18 months - and will require a "buy-in" from the development community for an updated program prior to going to hearing. Attachment G:tGROUPDA'r~qefen'~tCoud~001t, Tra~__~_~yje~. lion ImpeclFeeUixla~e_WF0018841 001.wpd PROPOSED TRANSPORTATION IMPACT FEE INCREASES Based upon the ENR Construction Cost Index ?::::::::::::::::?::::?::?:.: . .:....: :?. ::,'F~e:pe~': ~ee:per Fee:!:~er Single Family, Detached 1 $1,179 $2,197 $2,346 Multi-Family 2 $828 $1,471 $1,571 Heavy/Service Industrial 3 $87 $87 $93 Light Industrial 4 $38 $38 $41 OFFICE. COMMERCIAL . ':i~:,?. ,. =. '~:::,::'i:=::~ .:: Under 100,000 sq.ft. 5 $33 $33 $35 100,000 - 199,999 sq.ft. 6 $39 $39 $42 200,000 sq.ft. & over 7 $41 $41 $44 RETAILCOMMERCIAL :':;:::: .:': :::.:: :: :. ;; ::::i; :; ! :~;. '. . ; :i '=.; ;!:! . Under 10,000 sq.ft. 8 $39 $351 $37 10,000 - 49,999 sq.ft. 9 $25 $45: $48 50,000 - 99,999 sq.ft. 10 $28 $60 $64 100,000 - 199,999 sq.ft. 11 $31 N/A N/A 200,000 - 299,999 sq.ft. 12 $35 N/A N/A 300,000 - 399,999 sq.ft. 13 $44 N/A . N/A 400,000 - 499,999 sq.ft. 14 $53 N/A N/A 500,000 - 999,999 sq.ft. 15 $64 N/A N/A 1,000,000 sq.ft. & over 16 $71 N/A N/A 06/08/92 02/10/97 proposed 02/14/01 Construction Cost Increase = 6.78% MEMORANDUM February 9, 2001 TO: CHAIRMAN AND MEMBERS OF T. HE URBAN DEVELOPMENT COMMITTEE FROM: ,~2¢-~"'STANLEY C. GRADY, PLANNING DEPARTMENT SUBJECT: COMMERCIAL ZONE DISTRICTS Commercial zoning by the City is divided into five districts. The most common are the Professional and Administrative Office zone (C-O), Neighborhood Commercial zone (C-1) and Regional Commercial zone (C-2). The Central Business zone (C-B) was drafted for downtown while the Commercial Center zone (C-C) is used for property within the Downtown Redevelopment Project Area. The order of presentation of the zones in this memorandum is from least permissive to most permissive. The C-O, C-1 and C-2 zone districts are used for new development with C-2 being the dominant retail commercial zone. Our zoning ordinance is constructed to allow uses permitted in less intensive zones to be permitted in more intensive zones. An example Would be medical offices, which are allowed in C-O zones are a less intensive use than fast food restaurants, which are allOwed in C-2 zones. With a C-O zone you could only develop the medical office, however with a C-2 zone you could develop either or both on the same site. Because of this, the C-2 Regional Commercial zone is the most requested zone when commercial zoning is sought ,because it allows the .broadest range of permitted commercial uses. Neighborhood Commercial zones permit some uses that are similar to uses in the Regional Commercial zone, but with more restrictions. An example is drug stores which are allowed in both zones, however the outside' nursery sales would only be allowed in the C-2 zone. Another example is fast food restaurants which are allowed in both zones, however the Speaker box would only be allowed by dght in the C-2 zone. This gradual lOosening of regulations and expanding the list of permitted uses as you move from one classification to the next more intensive classification is the essence of zoning. It addresses land use compatibility at the human Scale. CHAIRMAN AND MEMBERS OF THE URBAN DEVELOPMENT COMMi'I-FEE February 9, 2001 Page Two The attached Table "A" provides a view of the commercial zone districts used by the City of Bakersfield. The uses in typical neighborhood centers common to both the C-1 and C-2 zones are highlighted. There are permitted uses within the C-2 zone that create concern from neighboring property owners when confronted with a proposed zone change. These . concerns involve permitted building heights and uses such as crematoriums, sanitariums and hospitals. A possible solution to these concerns could be to redefine the Regional Commercial zone as a community commercial zone. Create a third zone (C-3) and give it the Regional Commercial classification. Place in that zone a blend of the uses deemed undesirable in the old zone with some of the uses permitted in the Central Business zone. An example of how this could work is presented in Table "B". Transferring permitted uses from one district to another will create non- conforming uses. These uses will have difficulty expanding if they desire to do so at their present location. For example, if we mo,~e funeral services from C-2 to C-3 they will lose the right to expand their business at .their present location because the use would no longer be permitted by dght. SCG:pah Attachments cc: Jack Hardisty, Development Services Director S:\STANLEY~commercial zone distdcts,wpd TABLE'A" C-O C-1 C-2 C-B C-C ,60._le~_.maxb,-__,~_ h~ . ,. 60 fee{__ max ~_,~._U~g height 90feetma:xbulldlngheig,hi rnaxbUildlngheight=none 180 feat max b~_,__ad--~ halght secUon In the C,-O zone Seclkxt In lhe C-O and C-1 zones section In the c-O, C-1 and C-2 zohes section In the R-3, R-4, C-O, C-1 and C-2 zones, excepl Ihose ,__,~,~_ _ permitted In the R-1 and R~2 zones as referenced; 1. A,~c~,~;~,_,g, auditing, tax, . 1. dPpare/,ndaccesaory,pac/a/ty 1.Adultentertalnment~stablishments 1.Bus, train and other tnmsit _~tatlon. ~.Apa~.~nthotel, mo~nghouse, aho~ doas eot/m~uOe/aide ~..a/e as defined In Section 17.69,020 and provided lhat transit vehicles are not single roorn occupancy, stored on-~ite and no repair work or .~l~:~.t~t and ~ chain department ~toras, subject to the regulations of ChaPter 17.69, servicing of trahsit vehlcies Is conducted on-site, 2. ~ a~,-,cles. ' 2. Automobile ~ervlce atations, 2. Apparel and ac~-_~_-~ory stores, '2. News/magazine s[a~d; 2. Bus, train and other trarlsit 3. Banks, savings and loans, credit 3. Bakery, retail only, 3.~Appllance ato~.~ Including 3. Nl~h~ub, c.~barat, bar, cocldail 3. Parking garage or surface lot, unions and Olher financial institutions, afoves, refr/gemtors, washers, lounge or other establishment selling dryers, arid other electric or gas akx~mlic beverages for on-site appliances, Including repair, consumption Where such use, including efltertairtment, is the prima~y business, 4. Business and management 4. Book and stationery store, 4. Ab~C~T, obile ao~,essory Or part 4. Parking garage or surface lot, ' ~. p~_Lce_, fire and o~r oonsulti~ sen~s, stores, Including ~taren, phone, tire, ervice alarm cehters, upholstery and tune-up speclaJty sho~ but excluding heavY or major mechanical work and all body or paint work, and where all work is conducted Inside a building, i. I~nees and Ixofessional i. Candy, nut and confectionery store, 5. Automobile dealershiP, new and 5. Police, tire and other emergency i. Post o~',~e and other oouder or ~ orl~, _,,.~s_. ~ used, sen,ice alarm centers, pa .re. el delivery sen~e, & ~ ~ and"gmphio design. '6. ehristmea tree eales, limited 6. Automobile rental agency, Including 6. Pc, ii o;1'":'e and other courier 0~ 6: ~"_!k use, '--:~L,d__~g but not betWeen November 15 to Decembar limousine service. )areal delivery send, ce, limited to outdoor seating, .ul3tent to 26 each calendar year, issuance of an encroachment permit; 7. C, mmnen~ ptxegmpl~, Include; 7. Church, excluding ~xx~s, 7.' Bowling cent~3rl billiards, t'. Sigc':.'"lk use. ;~-'C;uding but not' 'C. mflralt studice. .limited to outdoor ~ieatlng, subject to allowed In subsections A ~ B above Issuance of an encroachment pen~nlt; are pem~ltted; TABLE"A" c-o c-1 c-2 C.B C-C '8. ComlxJ~lxogmmmbganddala 8..Cosmstlcstore, 8. Camera and photographic supply, c. ResldentiaJusesprovkled. theyare D.~bUildings, stnjcture~or 'proCem~ ea~+~.___, located In the second story or above; use~ ~ry to suplxxt the principal use located on the seme lot or parcel of land. 9.'Consumer credit relxx~ and 9. Drugstore, pharmacy, 9. Card room, bingo p~rlor, D. Mixed combi~ations of uses colecllon ~. allowed in subseCtiOns A and'B above are permitted; 10. Day care numefy. 10. Fatxtc, yardage store. 10. Carpet and Upholstery ~leaners, E. ,~ccesso~ buildings, structures and uses necessary to support the principal use located o~ the same lot or parcel of land. ! i. De~cl~e and security systems 11. Fior~t, 11. Carwash, detailing, semites. · 12. Direct mall adv~ sen4ces. 12. Fireworks sales, limited between 12. Computers and computer software Ju~e 1 and July 5 each calendar year, store, 13. ~ agency and help '1:~. Garrne~t cleaning, pressi~g, 13. Department =tore, ~ ~. alteration and repair, axcltlec~4~, and envtrortmental ~ fru~ vegetable, ~lellcate~e~ (xxtducted orr a paved surface, shall planning ~n, fce~.___~ an~ ~¢x~ven/ence ~tore~ no~ be of)emted more than two days per calendar week, has been certified by the Kern County agricultural comrfllssloner, end that adequate parking is ava~liable through joint, shared or other arrangement as approved by the planning director pursuant to Chapter 17.58, 15. Fen~Y and social Service, clinics 15. Hair styl!ng ~hop and beauty 15. Fl°°r covering store, en~J centem. Salon; litcludlng tanning 16. Governmental sen~ and 16, Interior d~tlng, Including 16. Funeral services, including a a~J~Jon, incl(tding libraries, drape~, =urtalh ~ upholstery crematory ixovided it is Incidental to m,.___,~e,.ms, galleries and Judicial ~ the main use, 17. btsumm~ eewfc~____~~ I?, Jmt~/ry, watch, ~ 17. Furniture store, including rental, Including repair, 18. Legal sewfc~.___. 18. Laundromat, 18. Garage for public or commercial parking? 19. Man~l)~m~mt and public relations 19. L/qu~"~tom, 19. Gift, novelty and souvenir store, TABLE'A" C-1 0-2 C-B C-C ~ ~ IXaaltllaner ~ and building ~ garden supply, acui~ac~e, massage therapy and 21. Newspaper, magazine store, 21. H°13by, toy and game Store, , lighting, and fireplace Inserts, 23. Photocopying and duplicating 23. Hospital, sanitarium, 24. I:~togrsphic shope and 24. Hotel, motel, Including restau~.~r,~ medical clink~, developing se .n,~c~s_:_, bars and cocktail lounges provided they are incidental to the main use, 25. Physical fitness facility, 25. Lug0age and leather goods, 26. Pdvata Service cl~b~, Iodgas, 26. Military surplus store, 27. P'e~lurantl and related eati'ng 27. Motion picture theater and and property management services. Places, exolUdlng on.~e alcohol auditoriums, excluding drive-in, ~ entertalnYnent or 28. Reathome, convalescent ~:)me, 28. Motorcycle dealership, new and sei~.:~-.3~ adult care facility, residential care used, facility as defined in Secb:m 1502 of the Health and Safety Code of the state of California, 29. TempomP/pmfnotkxtal activity as 29. MusiCal instrument store, m]mkdstratkm, defined in Section 17.04.610, Tobacco store, 30. Nurseries, 31. Video disk/tape rental, 31. Paint, glass and wallpaper store, 32. Veterinary (small animal only), 32. P001 and spa sales, pr0vlded there excluding kennel services, is no outside storage of material, 3~'Shop~.; cenm~. ' ' 33. Radio, tele~s~ and other consumer electronics store, including refl~lr, C. Accessmy buildings or stnJctures 34. 'Record, tape, disk and other ~ to m~tt use ._~,c_--_tad mt the nece~mry to such use located On the ,re-recorded music and video store, TABLE"A" C-1 C-2 C-B C-C ? C. Temporaq/olflc~. Indud .~g' O. ~11~ f~ ~ ~ ~re~ ~ ~5. R~tau~iM a~ ~elat~ ~tl~ ~~~~~ ~. ~~t~~hand ' In a ~11 ~n~ ~ ~ ~h Is D. ~ ~ ~ ~ ~ ~ ;. T~W o~, ~ ~. ~g, n~lewo~ a~ pl~ ~ ~, ~ ~ ~ ~ ~e, ~ ~ ~t~ ~ stye, ~ ~ f~~ ~y ~ ~a~t~e~ ~~of~~ F. ~ s~ s~re, ~ ~ 37: ~ating ~s, ~ ~ ~~ ~1~ n~ ~~ e~, e~t u~ r~r b~n~ ~ ~ ~ I. Such st~'es, ~hops ~ businesses, 38. Six)rUng goods, Including bicycles, except aut~omol~e sewice staUons, camping equipment, firearms, skiing of materials is permitted. 2. Products made ~-~,~m~ial to a 39. Taxidermist, _.p~nltt, ~ use shall be sold at retail oa 4 TABLE'A" c-o ' 'c-2 c-c . 3. All public en'ua~=es to such st(xes, 40~ Theaterl clnerna, eXCluding shops or ~ shall be from the drive-in. properly abuts or wt~ln One hundred feet thereof, eX~el~ that a rear or side ~.¥~e acceseo~ ~m~s or ~. T~ade. vocal°Cai or special,zed 8b'l. loture8 ~ to 8LK~ U~ 84~'X:)OI, located on the seine k~ or parcel of ~nd, W~ud~g a Storage garage for 42. Used merchandiSe, including antiques, books, furniture, thrift shops, and pawnshops, 43. Yarlety store, 44. Video arcade~ C. The ac~:~sory buildings Or ' structures necessary to such use located on the same lot or parcel of land; D. Dwelllng for use by caretaker or night security, or as accessory and Incidental to the permitted use on the 5 TABLE "B" C-1 C~2 New C-3 Zone C-B C-C Netgttbodm<~ Colnme~lal Zone Community Commeml~l Zone Regional Commer¢;al Zone C~:~,,I Bu~lnes~ Zone Comme,-¢;&l Center Zone (Regina, Comme~ Zone) 60 .~ _,.~. ~ b'_~ ~ . . 60.',gO~, . : feet n~x. ~____.__,ila'ing he~nt~0 ~eet. . max building height, max~ building. ~ height = none 180 feet max _h_,ild_ing height ~lOn In the C-O zone section In the C-O and 0-1 z(mes pemtlfted~OnlntheC-Oand secllon In the C-O, C-1 and C-2 and section In the R-3, R-4, C-O. C-1 and C-1 and C-2 zone~ C-3 zones C-2 and C-,1 zones, exca~ ~ uses permitted In the R-1 and R-2 zones as referenced; 1. Apparel and m:~mssoe/specialty 1. Adult e~tedainrnent establishments I. Bus, train and Other transit 1 .. Bus, train and ether transit station. 1. Apartment hotel, rooming .ho,__,_~e_, "" MI;~ does nof' InClude lerge sc, ale as defined.in Secticn 1'~.69.020 and statlon, provided that translt provided that tranelt vehloles are not $1ngts room occupancy. cttain department stores, mJbject to the regulations of Chapter vehibles are not stored on-site and stored on-site and no repair work or 17.69, no relmlr work or servicing of eervlcing of transit vehicles is transit vehicles is conducted conducted on-site, 2. AlJb3llt°13~ ~ stations, 2. Apparel and accessory sE)res, ' 2. N~w-~/magazlne Stand, 2. _RL~' train and other transit provided that transit vehicles are not Including (xxtVellimtce markets but stored on-site and no repair work or excluding track stops, servicing of transit vehicles Is conducted on-site, 3. Bakeqt, retail only, 3. ApPliance store, incl ~.uding stoves, 3. NightClub, cabaret her, .cocldall 3. Nightclub, cabaret, bar. cocktail ~ 3. Parking ger~ge or surface lot. refrigerators, washerS, dqrers, and lounge or other establlShmsnt lounge or other establishment selling other elecfl~ or gas aPldisnces, ~elllng alcoholic beverages for alcoholic beverages for on-site Including repair, on-~lts consumption where such consumption where such use. ua~ Including 'entertainment, Im the Including entertainment. Is the primary primary business, businesS, 4. Boglk and stallonery store, 4. Automobile accessory or part 4. Parking garage Or surface lot. 4. Police. fire and other emerg~-~y store~, Including stereo, pholle, fire, service alarm centers, shops but excluding heavy or major ins,l? a building, 5oCandy, nut and confectlon~ store, 5. Aut~:xt~blledeelershlp, newand 5. Auto~noblledea;~ip, newmnd 5. Pollce, tire and other emergency 5. Post office and other courler or 6.C1~ lxee estss, Ilmitsd 6. Automobile rental agency, Including 6. F~; office and other courler or 6. peet o;?~,e and other courier or beb~e~t No~ 15 to December limousIne eewice, ~arCeldelivery~yice, parcel delivery een4ce, limited to outdoor eeating: sul~ect to 26 each Calendar year, Issuance of an encroachmem pam~it; TABLE "B" C-1 . C-2 I New C-3 Zone C-B ! C-C 7. Cttu~ch, e._~_udlng Imhools, 7. Bowflng center, bill~ards, 17. Sidewalk use, Including but not '7~ Sidewalk' use, incjuding but not !C. Mixed combkmllons of ;._~,~e~_~ ~ limited to outdoor seating, subject limited to outdoor ss~lng, subject to i.allowed In su~ A and B above [ to iuusnce of an encroachment Issuance of an encrOaChment permit; ere permitted; located In the second story or abOve; uses necessary to supl:xxt the pdnctpel use located on the same lot or parcel of land. 9. [:~, pham~acy, 9. Card room, bingo parlor, 9. Cardroom, blngoparlor, D. Mixed combinations'of uses allowed In subsections A and B abOve are permitted; 10. Fai3ac, yen:iago store, 10. Carpet and upholstery cleaners, E..a~cess(xy buildings, structures end uses ~ry to supp(xt the princtpel use located on the same lot or parcel of land. 1 1. Florist, 1 1. Can~ash, detailing, 12. Fireworks ~ales, limRed between 12. Computers and Computer software June1 andJulySsachcalondaryear, store, 13. Garment cleaning, ixesslng, 13. Department store, 14. e.x y or", udm meat, F'rrn mrket; P%k d IS by ~e Kern County ag~rk:ultural o0mmlssloner, and that adequate parking IS avaaabie through ~nt, shared or other arrangement as approved by the 131arming director 3ursuant to Chapter 17.58, i6. Interior decorating, including 16. Fi~naral sarvloes, including a 16. 'Funeral services, Including · drap~Y, curtain arid Ul3hOlstery sales, creinato~ provkJ~ it is incidental to r. re4~tory provided it Is Incidental the main usa, to the main use, 17. Jewelry, wet=h, clocks, silverware, 17. Furniture store, Including ran'al, ~31ns and gemstones including repair, 18. Laundromat, 18. Garage for public or commercial 16. Garage for public or commercial i pe~ng. ~r~na, TABLE 'B" C-2 New C-3 Zone C-B C-C 19. I.]qu~ afore, "19. Gift, novelty and souvenir store, 2o. L,x~mm,' -2o. Ha,~a,e st0m. k~c~ud~ ho~e 21. Nd~vspal~, magazine sto~e, .121. H~, toy and ~ store, 2?_ ~ ~nd pet ~ul:~ly store, indudin~ 22. Home fumi~htngs, Including gm om lng ~, kitchenware, glassware, lamps and ~3. PhO~ and duplicating 23. Hospital, sanitarium, 23. Hoop#al, sanitarium, 24. ~ shops and 24. Hotel, motel, ir~udino restaurants, 24. Hotel, motel, inClUding devek~ ~es, bars and coc~aa k)un~s pm~ded I re~f~uran~, bar~ and they are inctdef~al to the main use, I Iounge~ provided My are ,. Incidental to' the main use, ~. Private aerv~oe dubs, lodges, 26. Military sUrPlUS store, . . places, e.x~__uding on-site alcOtml auditoriums, excluding drive-in, sak~, e~lteftainment or ddve-thr0ugh 28.'~, ~ ho~e,. 28. Motorcycle dealership, new and adult care la~lity, residential cam used, laclity as' detined In Section 1502 of State ot CaJifomla, .[ 29: Temporary ~mmtional activity as . Musical instrument store, delined in ~ 17.04.610 30. Tobaooo store, . Nursedes, 32. Vetm'mmy (small animal only), 32. Pool and spa sales, prove., ed there eJec:kJdktg kennel ~efv~.__'_0 is ~o outside 8tora0e of material, 33. sho~ cente~. 33. Radb, te~edsk~ ar~ o~ consumer electroniCs 8t0re, Including repair, C. AocessoP/b4Jiklings or 8tmcture~ 34. Record, tape, disk and other necesaab/to such use located on the ~re-recorded musk: and video store, TABLE 'B" aOOe~___ ~e~y use t~ t~e ~eetaurant. Including entertainment, . .?nj~h__j_o~rtN3dular od' prefab~ted good store. ~ kl (~oflfom~ance I(Tme15 of ~cxxle) and not aaached io pmnmne~ foundatlom may be ~ lowed kx a pedod not Io exceed two tO ,~e amroval of the Plann~ ----'------ ~grlnks ----'--'-'-- i~ use shall be sotd at retail on · "'-' MEMORAN:DUM February 12, 2001 TO: CHAIRMAN AND MEMBERS OF THE URBAN DEVELOPMENT COMMITTEE -FROM: ,~T. ANLEY C. GRADY, PLANNING DIRECTOR S'UBJECT: OIL WELL DRILLING - CITY/COUNTY COMPARISON The attached material was prepared concerning the subject standards. The City adopted .County standards in 1998 for property intended to be annexed. The remainder of the City is under 1992 rules. The 1992 rules do not require approval in C-O, OS, M or A zones if500' from homes. The 1998 rules reduces the 500' to 100' and requires a CUP for C-O and OS zones. The County rules are the same as the City 1998 rules with the exception that the City requires a CUP in the OS zone and the County prohibits drilling in OS zones. Depending on which regulatory framework the committee supports, staff could proceed to-merge the two chapters into one regulation based on the selected framework. SCG:pah S:\STANLEYloil well.mem.wpd MEMORANDUM February 12, 2001 TO: STAN GRADY, PLANNING DIRECTOR FROM: JIM EGGERT, PRINCIPAL PLANN£~ SUBJECT: OIL WELL DRILLING - CITY/COUNTY COMPARISON The city has two ordinance chapters that address oil exploration. Chapter 15.66 was adopted in 1992 and covers all land in the city limits as it existed until January 1, 1998. Those lands annexed after that time are subject to Chapter 15.67. Chapter 15:67 was .adopted in 1998 to affect those lands the city was considering to annex as part of a sphere of influence expansion. This ordinance was driven by concerns from Enron because of their concern of differences between the city's ordinance verses the county's. The oil exploration and well development standards in Chapter 15.67 are the same as Kern County's ordinance with slight modifications to recognize standard city processes. In addition, the city added a Drilling Island (DI) zone and Petroleum Extraction (PE) zone which also matches the county's DI and PE zones though these can only apply to the newly annexed areas. Chapter 15.66 which covers the areas within the city annexed before January 1, 1998, are slightly different. They are based on a performance standard that allows unrestricted drilling in industrial and agricultural zones unless the well is within 500 feet of'residences in which aconditional use permit is required. The county's ordinance allows unrestricted drilling in industrial and agricultural zones but has no CUP requirement if near residences. Commercial zones in the county require a CUP where the-city does not require a CUP unless within 500 feet of residences. Both ordinances require a CUP in residential zones. Well site development standards are basically the Same. My recommendation would-be to have staff merge the two .ordinance chapters together since it has been confusing to both staff and the public as to which of the two ordinances to apply. In addition, the DI and PE zones should be modified to apply citywide-instead of just areas annexed after 1998. Chapter 15.66 could 'have been easily amended instead of adopting another ordinance. If necessary, we could move these standards into the zoning ordinance (similar to -Kern County) Milch may make it easierto find and apply, especially since we are the first department contacted about well drilling and zoning. PETROLEUM WELLS/DRILLING .CITY COUNTY Chapter 15.66 Chapter 15.67 APPLICATION Applies to all areas within the city Applies to just those areas annexed Applies in all unincorporated areas limits as they existed until Jan. 1, into the city after Jan. 1, 1998 1998 PERMITS Fire Marshall issues a permit ($50) Fire Marshall issues a permit ($50) for Fire Department monitors all wells for all wells in the city for fire safety all wells in the city for fire safety but no permits are issued. inspections, inspections. No planning review or permits No planning review or permits No planning review or permits required if well' is in any commercial, required if in M-1, M-2, M-3 and A required if in M-2, M-3, NR and A industrial, open space or agricultural zones. Must be 100' from residence zones. Must be 100' from residence zone, unless well is less than 500' unless consent given, unless consent given. from existing residences. If well is within an identified DOG area as Ministerial Planning Director permit listed in the ordinance, well is required if in M-1 or RF (resource permitted regardless of zoning or forestry) zones. proximity to residential development. Conditional use permit from the Conditional use permit from BZA in Conditional use permit from Planning Board of Zoning Adjustment is any commercial, open space or Commission required if well is in any required in all R zones, or if well site residential zones, commercial or residential zone. is less'than 500'. from existing residences (regardless of zone). CITY COUNTY Chapter 15.66 Chapter 15.67 . DEVELOPMENT .For all wells, delivery hours are For all wells, delivery hours are For all wells, delivery hours are STANDARDS restricted if within $00 feet of restricted if within $00 feet of restricted if within 500 feet of residential development (6 am -7 pm, residential.development (8 am - 8 pm) residential development (8 am - 8 pm) (lqote: fencing, grading,none on Sundays and holidays) site restoration and meeting.Division ofOil & If in commercial areas, Public Works Gas regulations are Director has the discretion to require basically the same) some street improvements if adjacent properties are developed (usually only occurs if a CLIP is required). If well is subject to the conditional If well is subject to the conditional use If subject to a conditional use permit, use process, the BZA has discretion to process, the BZA has discretion to Planning Commission can impose buffer residential (ie. block wall and buffer residential (ie. block wall and discretionary standards or restrictions landscaping), street improvements, landscaping), street improvements, similar to the city depending on the access restrictions, noise and work access restrictions, noise and work effects upon adjacent uses. hours. This process allows these hours. This process allows these discretionary conditions to mitigate discretionary conditions to mitigate impttets depending on the effects impacts depending on the effects upon upon adjacent uses. - adjacent uses. I:~XY OXY Resources California LLC ~ 28590 Highway 119, Re. Box 1002, Tupman, CA 93276-1002 Telephone ~61 763-6554 Fax (661) 763-6985 August 24, 2000 Patricia J. DeMond Bak~ersfield City Council 1412 17"~ Street, Suite 558 Bakersfield, CA 93301 Dear Pat: Thank you for taking the time to meet with me. Your insight will be helpful as Oxy moves forward with its exploration plans in the area. Per your request, attached is a table comparing City and County drilling requirements. This ~is not' all-inclusive by any means. It merely hits the highlights. Please call me at 763-6857 if you have any questions, or if an issue comes to your attention that you believe could affect Oxy's interests. · Best regards, Jan Sieving Manager Public Affairs An Occidental Oil and Gas company Well S:te SetTM ............ : ~~:--:~l --~ ~o-pe~oleum weu sna~ ~e No off or gas well shall be ~lled ~lled nor shall any storage ta~ wi~ one h~&ed (100) feet of and o~er production related any public hi.ways or bulldogs s~cmre be. Ideated wi~: not neeessa~ to ~e operation of · e well, or wi~ one h~ed a. SevenW-five feet of~e fight fifw (150) feet of~y dwell~g, of-way of~y dedicated or wi~ ~ee h~ed (300) feet public s~eeg highway, of~y build~g used as a place of raikoad or private s~ee~ or public assembly, ~fimfion, or adopted sPecifi~ pl~ l~e of school, or wi~ fl~ (50) feet of any s~eet or ~ghway; any build~g.ufil~ed for b. One 'h~ed feet of ~y co~ercial p~oses eo~cted bulldog hctud~g dwell~gs, prior to ~e co~eneement of except buildhg ~ciden~l to such ~ll~g ~out ~e ~en · e operation of ~e well; consent of ~e o~er of such c. ~ee-h~&ed feet of ~y s~cmre. public assembly; d. TwenW-five feet of a storage t~ or boilers, -F~ed :heaters, open flame devices or o~er sources of i~ifion p~su~t to ~e U.F.C. Sig~ Signs relat~g to ~ll~g an~or No signs, o~er ~ d~ecfional production operations shall be and wam~g signs and ~ose '..-. l~ted to dkecfional or wamhg requked for identification of ~e signs, and signs for ~e ~ell, shall.be cons~ete~ identification of wells and erected, ma~ed, or placed on ficilifies as-requked by.~e ~e pre~ses or any.pa~ ~ereof, U.F;C. to ensure employee and exert ~ose requked by law or public safeW, ordnance to be displayed ~ co~ecfion wi~ ~e ~ll~g or maintenance of ~e well. F~c~g Class I (areas zoned for After production beg~s ~d a residential develOpment): A solid pump is ~talled on ~e wel~ea~ maso~ wall a ~ ofs~ a fence at least six (6) feet ~ feet but not exceed 8 feet ~ height shall be ~stalled ~o~d height of a color approved by ~e ~e pump site or ~ll~g isled B.Z.A. consistent wi~ adjacent for public safew. ~is fence shall or nearby development, shall be · be cons~cted ofcha~ 1~ wi~ ~stalled eneompass~g ~e entke wood or metal slats or o~er well site. Any additional fenc~g sereen~g fence as may be requ~ed'by D.O.G. shall be approved by ~e Pla~g ~side ~e area enclosed by ~e Director. ~is fenc~g and wall. ~e location of ~e wall is screen~g requkement shall apply regulated-by ~e ~ont yard only to ,~ose pump sites located setback of~e zone dis~ct, wi~ five h~ed (500) feet of any dwell~g. Class 2 (areas zoned for co~ercial, light manuficm~g or open space): Pemxanent chain- link fencing a minimum of six feet but not to exceed eight feet in height with solid screening shall be installed encompassing the entire well site as approved by the fire marshall. At least three strands of barbed wire shall be mounted on top of the fence. Location of the fence is regulated by the front yard setback of the zone district. Class 3 (areas zoned for general manufacturing, heavy manufacturing or agricultural): No fencing required. Pipelines For Class I and 2 zoned areas: No .requirements specified in Pipelines utilized for all Chapter 19.98 (Oil and Gas petroleum related operations shall Production) of-the Kern County be buried a minimum of three feet Zoning Ordinance. below grade. D~,,icks Drilling derricks, if idle for a All derricks,-boilers and other consecutive period of more than drilling equipment employed to sixty (60) days, shall be lowered drill any well hole or to repair, and removed from the site. clean out, deepen, or reddll any completed or drilling well shall be removed within ninety (90) days after completion of.the production tests following completion of the drilling, or after abandonment of any well, unless such derrick, boilers, or drilling equipment are to be used within a reasonable time, as determined by the Planning Director, for the drilling of another well or wells on the premi.~es. Pumping Unit Height The height of all pumping :units, The height o'f all pumping units excluding derricks, shall not shall not exceed thirty-five (35) exceed 35 -feet. feet. Light and Glare Lighting shall be limited to .that No requirements specified in necessary for safety and security Chapter 19.98 (Oil and Gas purposes and shall be.directed Production) of the Kern County away from adjacent properties Zoning Ordinance. and;road rights-of-way. All flares shall be shielde~l from adjacent properties and road fight-of-ways. Noise Class l: No drilling, producing, No requirements specified in or other operations (including Chapter 19.98 (Oil and'Gas workover oeprations) shall Production) of the Kern County produce noise at the property line Zoning Ordinance. of a noise sensitive receptor in excess of 55 dB (A) from 7 a.m. to 10 p.m. and 50 dB (A) from 10 p.m. to 7 a.m. Noise measurements and acoustical analysis must be conducted. Class 2: Noise levels from any drilling and/or production operation shall not exceed 65 dB (A) at the property line ora noise sensitive receptor. ~Extefior noise levels generated by drilling, redrilling, or production operations shall be monitored. Class 3: No restriction stated in Chapter 15.66 (Drilling for and Production of Pelxoleum). Work Hours Class 1 areas only: Track Whenever a well is located within deliveries of equipment and five 'hundred (500)feet from an materials associated with drilling existing dwellingunit, except in and/or production, well the case of emergency, no servicing, site preparation, and materials, equipment, tools, or other related work conducted on pipe used for either drilling or the well site.shall be limited to ~roduction operations shall be between .the hours of 7 a.m. and delivered to or removed from the 6 p.m. Monday through Saturday, drilling site except between the and prohibited on Sunday and all hours of 8:00 a.m. to 8:00 p.m., legal holidays, except in the case unless otherwise required the of lures, blowouts, explosions and California Division of Oil and other emergencies where the fire Gas. marshall and D.O.G. were notified. Drilling activities shall be permitted 24 hours a day.