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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; -- Page 2 of 5 Pages -- 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. -- Page 3 of 5 Pages -- 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. .......... o0o .......... -- Page 4 of 5 Pages -- 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 -- Page 5 of 5 Pages -- 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