HomeMy WebLinkAboutORD NO 3865 8865
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AMENDING CHAPTER 5.58
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO SEISMIC SURVEY ACTIVITIES.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 5.58 of the Bakersfield Municipal Code is hereby amended to read as
follows:
Chapter 5.58
Sections:
5.58.010
5.58.020
5.58.030
5.58.040
5.58.050
5.58.060
SEISMIC SURVEY ACTIVITIES
Definitions.
Permit required.
Application -- Issuance -- Fee.
Regulations.
Revocation.
Appeal.
5.58.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears from the
context, the words set out in this section shall have the following meanings:
A. "Person" means any individuai, partnership, corporation or association of any nature
whatsoever,
B. "Seismic survey activity" means any activity where, for any consideration
whatsoever, shock waves, sound waves, or vibrations are generated for the purpose of
surveying, mapping, identifying, classifying or otherwise distinguishing subsurface
characteristics indicative of the presence or absence of hydrocarbon substances,
including, but not limited to, oil and natural gas.
C. "Source equipment" means the equipment from which vibrations emanate during
seismic survey activities.
5.58.020 Permit required.
No person shall operate, maintain or conduct seismic survey activities in the city in
violation of this chapter, or without having a valid permit therefor in accordance with the
provisions of this chapter. A separate permit shall be required for each set of source
equipment to be used to conduct a seismic survey.
5.58.030 Application -- Issuance -- Fee.
A. Applications for permits under this section shall be made on forms to be furnished
by the city manager or his designee, shall be submitted no less than thirty days prior to
commencement of the survey, shall be signed under penalty of perjury by the applicant
and shall require the following information:
1. The name, mailing address, title, telephone number, business name and business
address of the applicant;
2. Prior seismic survey permits held by the applicant and whether such permits were
ever revoked or suspended and the reason therefor;
3. The site or route and along which the seismic survey activity is to be conducted,
and the period during which the activity will be conducted;
4. The business tax certificate number of the business.
B. The application shall be accompanied by the following:
1. A map on a scale not less than one inch for one thousand feet, showing the location
or locations or routes at or along which such activities are to be conducted, and specifying
the name of the owner and, if occupied, the occupant of each such location or property
along such route;
2. A detailed description of the method of seismic surveying to be utilized, satisfactory
to the city manager or his designee, specifying vibration levels and estimated distances
from the source equipment within which noise or vibrations from such activities may be
detected by residents and others;
3. A map or maps showing the addresses of all lots or parcels of real property within
one thousand feet from each testing site or along each testing route, the names of owners
of such properties as shown on the latest equalized assessment roll of the county and a
declaration and agreement that not less than five days prior to conducting any seismic
survey activity the applicant shall mail, first class, postage prepaid, to each such owner,
or deliver to each residence within such radius in a sealed envelope marked "Notice of
Seismic Survey Activities" and enclosed in a clear plastic jacket looped over the door
handle of the outer door of each residence, a statement describing the nature of the
seismic survey activity to be conducted, the location or locations nearest such property
where such activity will be conducted, and the name and telephone number of a
representative of the applicant who may be contacted for further information for from three
days prior to the date such activities are to commence until at least the third day after such
activities are to be concluded;
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4. Proof of public liability insurance, satisfactory to the city manager or the risk
manager;
5. Security, acceptable to the city manager or his designee, in an amount set by the
city manager or his designee, assuring that the applicant will repair to satisfaction of the
city manager or his designee any damages resulting from applicant's seismic survey
activities;
6. An indemnification and hold harmless agreement, satisfactory to the city attorney.
C. The city manager or his designee shall, in his discretion, issue a permit if he finds:
1. That the application is complete and truthful;
2. The business for which the application is made will be maintained and conducted
in accordance with all laws of the city and the state;
3. That a valid business tax certificate has been issued for this business;
4. That no permit issued to the same business or the same owner pursuant to this
section has been revoked in the past three years, unless the city manager or his designee
finds that the reasons for such revocation are unrelated to this application;
5. That the location of the seismic survey activities will not violate the regulations set
forth in section 5.58.040, below;
6. That the seismic survey activities will not constitute a hazard to life or nearby
property, nor constitute a nuisance to neighboring property-owners; 7. That the applicant has sufficient insurance.
D. All permits issued under this chapter shall be valid only as to the dates and times
listed on the permit, unless earlier suspended or revoked.
E. The applicant shall pay a fee not to exceed the cost of processing any such
application and inspecting such activity as set forth in section 3.70.040.
F. Permits may be issued with conditions to ensure that the activity will be operated
in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and
will not constitute an undue burden on city resources.
5.58.040 Regulations.
A. No seismic survey activities may be conducted within three hundred feet of any
water well or within one hundred feet of any surface structure, of any irrigation facilities,
or of pipes determined by the city manager or his designee to be of poor structural quality.
To the extent the latter are disclosed by the inspection of infrastructure preceding the
seismic survey activity, information thereon shall be provided applicant at his request.
B. No seismic survey activity shall be conducted until the advance notice specified in
section 5.58.030(B)(3) has been given; nor shall any such activity be conducted except
between seven a.m. and seven p.m. Monday through Friday. No such activity shall be
conducted on any national holiday.
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5.58.050 Revocation.
Any permit issued pursuant to this chapter shall be immediately revoked by the city
manager or his designee whenever he finds:
A. That misrepresentations were made on the application; or
B. That the applicant has been convicted of a crime substantially related to the
qualifications, functions or duties of the business for which application is made, unless he
has obtained a certificate of rehabilitation; or
C. That the applicant has done any act involving dishonesty, fraud or deceit with the
intent to substantially benefit himself or another, or substantially injure another; or
D. That any of the terms or conditions of said permit have been violated, or that the
business has been operated in violation of local, state or federal law.
5.58.060 Appeal.
A. Should any applicant be dissatisfied with the decision of the city manager or his
designee not to grant a permit or revoking a permit, then said applicant may, no later than
ten days after notice of such decision is deposited in the United States mail, addressed
to the applicant or permittee at the address provided on the application, make written
objection to the city council setting forth the grounds for dissatisfaction, whereupon the
council shall hear said objections at a regular meeting no later than three weeks following
the filing of the objection with the city clerk. The applicant shall be given written notice no
less than three days prior to said hearing. The council may, upon said hearing, sustain,
suspend or overrule the decision of the city manager or his designee, which decision shall
be final and conclusive.
B. Pending the hearing before the council, the decision of the city manager or his
designee shall remain in full force and effect and any reversal thereof by the city council
shall not be retroactive but shall take effect as of the date of the council's decision.
SECTION 2.
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.
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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'~EP 1 8 ~ by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and EX OFFICIOJof the
Council of the City of Bakersfield
APPROVED: $EP ! 8 ~
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
ROBERT M, SHERFY
CHIEF ASSISTANT CITYATTORNEY
MICH/XEL G. ALLFORD /
ASSISTANT CITY ATTORNEY
MGA\bsb
S:~COUNCIL\Ords~01 o0698~SEIS MIC~ORD
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 24TM day of September ,1998 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3865, passed by the
Bakersfield City Council at a meeting held on September 23, 1998 and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING
CHAPTER 5.58 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
SEISMIC SURVEY ACTIVITIES.
S:\DOCUMENT~AOPOSTING
September 24, 1998
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
Deputy City Clerk