HomeMy WebLinkAboutORD NO 4558ORDINANCE NO. 4 5 5 8
ORDINANCE AMENDING SECTIONS 15.66.030 AND
15.66.040 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO DRILLING FOR AND PRODUCTION OF
PETROLEUM
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 15.66.030 of the Bakersfield Municipal Code is hereby amended to read
as follows:
15.66.030 Permits.
A. No person shall drill, operate or maintain any well or well site for
petroleum, natural gas, or related drilling, nor operate or maintain any production
operation without first obtaining a permit. Applications for drilling/production permits
shall be made in writing to the director of prevention services, or designee, on such
forms as provided by the director. Permits are classified as follows:
1. Class 1. The well site and/or production operation is:
a. Within an area zoned for residential development; or
b. Located less than five hundred feet from a dwelling except those for
use by a caretaker or night security on the same parcel, or public assembly as defined
in this chapter.
2. Class 2. The well site and/or production operation is:
a. Within an area zoned for commercial, light manufacturing or open
space, or
b. Located between five hundred and one thousand feet from a
dwelling unit except those for use by a caretaker or night security on the same parcel, or
public assembly as defined in this chapter, provided no well or related structure for
production is located less than five hundred feet from said uses.
3. Class 3. The well site and/or production operation is:
a. Within an area zoned for general manufacturing, heavy
manufacturing, or agricultural, or is within the primary floodplain pursuant to the
restrictions in Section 15.66.030(B)(1), or the secondary floodplain, provided no well or
related structure for production is located less than five hundred feet from a dwelling
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except those for use by a caretaker or night security on the same parcel, or public
assembly as defined in this chapter; or
b. Located within the state approved boundaries of the following state
designated oil fields as defined by the state D.O.G.G.R., regardless of the zone district
or distance from dwellings or public assembly uses as defined in this chapter.
i. Kern River Oil Field (D.O.G.G.R. Map 457).
ii. Kern Bluff Oil Field (D.O.G.G.R. Map 439).
iii. Portion of the Fruitvale Oil Field encompassing Sections 14
(west of State Highway 99), 21 (south of Meany Avenue), 22 (except Tracts 6003 and
6042), 23 (west of State Highway 99), 26 (north of the Cross Valley Canal and west of
State Highway 99), 27 (north of the Cross Valley Canal), and 28 (east of the Friant-Kern
Canal), all within T29S, R27E (D.O.G.G.R. Map 435).
c. An area zoned DI (Drilling Island District) zone or PE (Petroleum
Extraction Combining District) zone.
B. Well sites and/or production operations shall be prohibited in the following
areas in the city: Primary floodplain of the Kern River, except that area located within
the state approved boundary of the Kern River oil field as delineated on Map 457 of the
D.O.G.G.R.
C. Drilling by Conditional Use Permit. Class 1 permits shall not be issued
until a conditional use permit is granted by the board of zoning adjustment (B.Z.A.)
pursuant to Chapter 17.64 (Modifications, Conditional Use Permits, Amendments and
Appeals), except that a conditional use permit shall not be required for any well on a lot
within an approved tentative or recorded subdivision map that is specifically identified as
a drill site for the extraction of petroleum, gas, and/or other hydrocarbons. Any
conditions required under the conditional use permit shall be in addition to those
imposed by this chapter for a Class 1 permit. The B.Z.A. may modify any condition set
forth in the development standards and conditions if it determines that there will be no
material detriment to the public welfare or safety of persons and property located within
a reasonable distance of such a well.
1. In addition to the application requirements for a conditional use permit
pursuant to pursuant to Chapter 17.64 (Modifications, Conditional Use Permits,
Amendments and Appeals), an applicant shall also submit the following:
a. A plot plan or site development plan drawn at the scale specified by
the planning director, which includes the following information:
Topography and proposed grading.
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ii. Location of all proposed well holes and related accessory
equipment, structures, and facilities to be installed and any abandoned wells if such are
known to exist.
iii. Location of all existing dwellings and buildings used for other
purposes, located within three hundred feet of the proposed well holes, identification of
the use of each structure, and distances between well holes and existing buildings.
iv. North arrow.
b. Narrative description of the proposed development, including:
i. Acreage or square footage of the property.
Nature of hydrocarbon development activity.
iii. Description of equipment to be used, including height of
derrick.
iv. Distance to all existing buildings.
v. Phasing or development schedule.
c. A copy of the letter, or other official documentation, from
D.O.G.G.R. containing the name and address of the operator of record, if any, as shown
in D.O.G.G.R. records as of thirty days prior to the date the conditional use permit
application is submitted to the planning department or a written statement from
D.O.G.G.R. that there is no party of record with D.O.G.G.R. relative to the subject site.
d. Additional information may be required, as part of an application for
a Conditional Use Permit, as provided in Chapter 17.64 (Modifications, Conditional Use
Permits, Amendments and Appeals).
2. Notice of the public hearing shall be expanded to include property owners
within one thousand feet of the property line containing the well site subject of the
hearing and the operator of record as shown in D.O.G.G.R. records as of thirty days of
the date of application for a conditional use permit.
3. If a producing well or service well is not commenced upon land subject to
said conditional use permit within twelve months from the date of issuance of the
conditional use permit, or within any extended period thereof, the conditional use permit
shall expire and the premises shall be restored as nearly as practicable to its original
condition. No permit shall expire while the permittee is continuously conducting drilling,
redrilling, completing or abandoning operations, or related operations, in a well on the
lands covered by such permit, where operations were commenced while said permit
was otherwise in effect. Continuous operations are operations suspended not more than
thirty consecutive days. If, at the expiration of the twelve month period, the permittee
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has not completed the drilling program on the lands covered by such permit, the board
of zoning adjustment may, upon a written request of the permittee, extend the permit for
the additional time requested by the permittee for the completion of such drilling
program.
4. Any permit issued pursuant to the provisions of this Section 15.66.030(C)
may be revoked or modified pursuant to Section 17.64.060(H).
D. The owner or operator of any well permitted by this chapter shall provide
the director of prevention services, or designee, a copy of the written notice to the
D.O.G.G.R. of the sale, assignment, transfer, conveyance, or exchange by the owner or
operator of the well within thirty days after the sale, assignment, transfer, conveyance,
or exchange. In addition, the owner or operator shall also acknowledge that they have
notified the new owner or operator of all existing terms and conditions of the citys
permit.
E. Modification to any standards in this chapter may be approved by the
B.Z.A. pursuant to the provisions of Chapter 17.64.
F. Every permit issued by the director of prevention services, or designee,
under the provisions of this chapter shall expire by limitation and become null and void if
the work authorized by such permit is not commenced within one year from the date of
such permit. Before such work can be recommenced, a new permit shall be first
obtained to do so, to determine if the permit classification as defined in Section
15.66.030(A) has changed.
G. The director of prevention services, or designee, may, in writing, suspend
or revoke a permit issued under the provisions of this chapter whenever the permit is
issued in error on the basis of incorrect information supplied by the applicant which
results in there being a violation of any ordinance or regulation or any of the provisions
of this chapter.
H. Any city official or employee, for the purpose of reviewing a permit
application, transfer of operation/ownership, complaint, compliance or any other
investigation pursuant to the chapter, shall have the right to enter upon the premises for
inspection provided they give prior notice of such to the operator.
I. Well sites and production operations established prior to September 19,
1992, may continue to operate pursuant to permits issued for them, and shall be exempt
from the new the provisions of this chapter. However, significant changes or
modifications that necessitate new permits as required by the director of prevention
services, or designee, or B.Z.A., shall be required to comply with the provisions of this
chapter or obtain modifications as permitted in Section 15.66.030(E).
J. The city may impose fees to offset the costs associated with permit
processing and condition monitoring pursuant to Chapter 3.70.
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K. Attainment of permits pursuant to this chapter does not relieve the
applicant of the responsibility in obtaining permits as required by law from other local,
state or federal agencies. All required federal, state, county, and city rules and
regulations shall be complied with at all times including, but not limited to, the rules and
regulations of the following agencies:
1. Division of Oil, Gas and Geothermal Resources;
2. City of Bakersfield fire department;
3. Kern County Health Department;
4. Regional Water Quality Control Board;
5. San Joaquin Valley Unified Air Pollution Control District.
SECTION 2.
Section 15.66.040 of the Bakersfield Municipal Code is hereby amended to read
as follows:
15.66.040 Well site development standards.
A. Class 3Permits-Development Standards.
1. Setbacks. No petroleum well shall be drilled nor shall any storage tank
and other production related structures be located within:
a. Seventy-five feet of the right-of-way of any dedicated public street,
highway, railroad or private street, or adopted specific plan line of any street or highway;
b. One hundred feet of any building including dwellings, except
buildings incidental to the operation of the well;
c. Three hundred feet of any public assembly as defined in this
chapter;
d. Twenty-five feet of a storage tank or boilers, fired heaters, open
flame devices or other sources of ignition pursuant to the U.F.C.
2. Fire Safety. All drilling and production activities shall be subject to all fire
and safety regulations as required by the director of prevention services, or designee,
pursuant to the U.F.C. Blowouts, fires, explosions and other life threatening or
environmental emergencies shall be reported immediately to the director of prevention
services, or designee, and D.O.G.G.R.
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3. Division of Oil and Gas and Geothermal Resources. All drilling and
production operations shall be subject to all regulations of the D.O.G.G.R.
4. Production Operations. For producing sites, only storage of hydrocarbon
production, vapor recovery on storage vessels, dehydration and separation of produced
hydrocarbon products and other processes associated with production are permitted
unless otherwise required by the D.O.G.G.R. All derricks, boilers, and other drilling
equipment employed, pursuant to the provisions of this chapter, to drill any well hole or
to repair, clean out, deepen, or redrill any completed well shall be removed within ninety
days after completion of production tests following completion of such drilling or after
abandonment of any well, unless such derricks, boilers, and drilling equipment are to be
used within a reasonable time, as determined by the director of prevention services, or
designee, for the drilling of another approved well(s) on the premises.
5. Signs. Signs relating to drilling and/or production operations shall be
limited to directional and warning signs, and signs for identification of wells and facilities
as required by the U.F.C. and D.O.G.G.R. to ensure employee and public safety. Signs
not related to said operations shall be subject to the provisions of Chapter 17.60.
6. Sanitary Facilities. Sanitary toilet and washing facilities shall be installed
and maintained at any well site and/or production operation where personnel are
stationed pursuant to the Kern County Health Department.
7. Equipment Storage. There shall be no storage at the well site of material,
equipment, machinery or vehicles which is not intended for prompt use in connection
with petroleum operations. Any equipment or machinery not used for a consecutive
period of more than sixty days shall be removed from the site unless a longer period is
approved by the director of prevention services, or designee, or the zone district in
which it is located permits such storage.
8. Derricks. Drilling derricks, if idle for a consecutive period of more than
sixty days, shall be lowered and removed from the site unless a longer period is
approved by the director of prevention services, or designee. Any derrick used for
servicing operations shall be of the portable type, unless proof is provided that the well
is of such depth or has some other characteristics such that a portable type derrick will
not properly service such well. In that instance, the director of prevention services, or
designee, may approve the use of a standard type of derrick.
9. Grading and Drainage. Unless otherwise required by the State
Department of Fish and Game or the U.S. Fish and Wildlife Service for those areas that
they deem environmentally sensitive, well sites, including vehicle parking and
maneuvering areas, shall be graded in a manner so that ponding will not occur. Within
ninety (90) days after any well has been placed in production, or after its abandonment,
earthen sumps used in drilling and/or production (unless such sumps are to be used
within a reasonable time as determined by the director of prevention services, or
designee, for the drilling of another well) shall be filled and the drilling site restored as
nearly as practicable to a uniform grade. Normal wetting or other dust control
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procedures shall be employed throughout the grading period to control dust. Upon
completion of grading, the site shall be compacted and all graded surfaces either paved,
covered with gravel of aggregate base, treated with a dust binder, or other method
approved by the director of prevention services, or designee. The Regional Water
Quality Control Board may have some jurisdiction relative to drainage and water quality.
10. Waste. Drainage containing drilling muds, cuttings, wastewater, waste oil,
grease and other oilfield wastes found to be hazardous associated with drilling and/or
production including servicing, shall not be discharged into or upon any streets, canals,
storm drains or flood control channels. These wastes shall be contained in leak-proof
containers, lined earthen sumps or other method as approved by the State Regional
Water Quality Control Board, to prevent contamination of potable groundwater supplies.
Waste areas shall be cleaned at intervals as required by the director of prevention
services, or designee, with all wastes disposed of at an appropriate authorized disposal
site as regulated by the state of California.
Facilities for disposal of nonhazardous oilfield liquid waste, production water and
USEPA Class II wastes are considered an accessory facility only if the facility complies
with the following:
a. The nonhazardous oilfield liquid waste or production water is produced
and disposed of within the same designated oilfield; or
b. The nonhazardous oilfield liquid waste or production water disposed of
outside the designated oilfield of origin is produced by and disposed of solely and only
by the same individual, corporation, or entity.
11. Light and Glare. Lighting shall be limited to that necessary for safety and
security purposes and shall be directed away from adjacent properties and road rights-
of-way. All flares shall be shielded from adjacent properties and road rights-of-way.
12. Blowouts. Protection against blowouts shall be provided in accordance
with the D.O.G.G.R. and U.F.C.
13. Storage Tanks. Storage tanks shall be in accordance with the D.O.G.G.R.
and U.F.C. Whenever oil or gas is produced into and shipped from tanks located on the
premises, such tanks, whenever located within five hundred feet of any dwelling or
commercial building, shall be surrounded by shrubs or trees, planted and maintained to
provide attractive landscaping or be fenced in such a manner as to, insofar as
practicable, screen such tanks from public view. Such fencing shall comply with the
requirements of D.O.G.G. R.
14. Height. The height of all pumping units, excluding derricks, shall not
exceed a height of thirty-five feet. All other structures shall be regulated by the zone
district in which they are located. All heights of structures shall comply with Part 77 of
the Federal Aviation Regulations of the Federal Aviation Administration, Department of
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Transportation, or any corresponding rules or regulations of the Federal Aviation
Administration, as amended.
15. Site Condition. The well site and all associated structures shall be
maintained in a neat and clean condition at all times. Proven technological
improvements generally accepted and used in drilling and production methods shall be
employed as they become available if they are cost effective in reducing nuisances or
annoyances. Pumping units and storage tanks shall be painted. Pumping wells shall be
operated by electric motors or muffled internal combustion engines.
16. Air Quality. Flaring, venting and odor control shall be subject to the
regulations of the San Joaquin Unified Air Pollution Control District, D.O.G.G.R. and
U.F.C.
17. Building Permits. Building permits, as required by the city building official,
shall be secured for all permanent structures to be used in connection with the
production and processing of hydrocarbon or related substances in conformance with
the U.B.C. Electrical permits shall be required for all electrical connections for drilling
and/or pumping units if electrical motors are utilized.
18. Vibration. Vibration from equipment shall not create a nuisance or hazard
to nearby land uses.
19. Site Restoration. Site restoration shall commence within ninety days upon
completion of all drilling and/or production activities or upon abandonment of the well
site. Well abandonment will be conducted in accordance with the regulations of the
D.O.G.G.R. Before final abandonment, all drilling/production equipment shall be
removed from the site. Fences shall be dismantled, all signage removed, and the site
regraded so as to break up impermeable surfaces and fill in all sumps to restore the site
as nearly as practicable to a uniform grade. Temporary earthen sumps may be used for
clean-out or remedial work on an existing well or other production facility. However,
these sumps shall be filled and the site restored as nearly as practicable to a uniform
grade within ninety days after the clean-out or other remedial work is completed. The
Regional Water Quality Control Board also has additional jurisdiction over sumps. Prior
to filling of sumps, all waste shall be cleaned and disposed of at an appropriate
authorized disposal site as regulated by the state of California. Waste cleanup shall be
to the satisfaction of the Kern County Department of Environmental Health. The site
shall be restored to the surrounding condition, or to the satisfaction of the State
Department of Fish and Game or U.S. Fish and Wildlife Service for those areas that
they deem environmentally sensitive. Site restoration activities shall be completed within
ninety days of commencement. Failure of permittee to comply with the site restoration
within a period of ninety days following the termination of any oil or gas exploration
activity or the abandonment of an existing well shall be called to the attention of the
permittee by a registered letter addressed to permittee at the permittees address as
shown on the permit application. If, at the end of thirty days after mailing of such letter
no steps have been taken to comply with said provisions of this section, the city shall
proceed to effect said restoration. Permittee shall be liable for all costs incurred by the
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city and no additional permit shall be issued a permittee until payment of all such costs
has been made.
20. Floodplain Development. The director of prevention services, or designee,
shall coordinate with the city building official to ensure wells drilled in the primary or
secondary floodplain are consistent with the citys involvement in the National Flood
Insurance Program and with the requirements of the State Department of Water
Resources and Regional Water Quality Control Board.
21. Vehicles. All vehicle parking and maneuvering areas shall be treated and
maintained with oiled sand or a similar dust binding material consistent with regulations
of the local air pollution control agency.
22. Fencing. Permanent 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 director of prevention services, or designee. At least
three strands of barbed wire shall be mounted on top of the fence. This fence shall be
constructed of chain link with wood or metal slats or other screening materials as may
be approved by the director of prevention services, or designee. This fencing and
screening requirement shall apply only to those pump sites located within five hundred
feet of any dwelling or in an OS (Open Space) zone. Such fencing shall comply with the
requirements of the D.O.G.G.R. The front yard and side yard setbacks of the zone
district in which it is located shall regulate the location of fencing.
B. Class 2Permits-Development Standards.
1. Class 3 Requirements. In addition to the following development standards,
Class 3 permit development standards set forth in Section 15.66.040(A) shall apply to
all Class 2 permits.
2. Off-site Improvements. Where adjacent properties are similarly improved,
within one hundred eighty days of commencement of commercial production or one
year from the completion of drilling of any well on the well site, off-site improvements
including street paving, curbs, gutters, sidewalks, and related dedications for such
improvements shall be completed in accordance with the requirements of the city public
works director.
3. Noise. Noise levels from any drilling and/or production operation shall not
exceed sixty-five dB(A) CNEL at the property line of a noise sensitive receptor, except
in a case of emergency. Exterior noise levels generated by drilling, redrilling, or
production operations shall be monitored as required by the city building official to
ensure conformance to the noise level standards. The costs of such monitoring shall be
borne by the operator conducting such operation. Records of the results of monitoring
shall be maintained and provided to the city building official upon request.
4. Pipelines. Pipelines utilized for all petroleum related operations shall be
buried a minimum of three feet below grade.
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C. Class 1Permits-Development Standards.
1. Class 3 Requirements. In addition to the following development standards,
Class 3 permit development standards set forth in Section 15.66.040(A) shall apply to
all Class 1 permits.
2. Fencing. A solid masonry wall a minimum of six feet but not to exceed
eight feet in height of a color approved by the decision-making authority consistent with
adjacent or nearby development, shall be installed encompassing the entire well site.
Any additional fencing required by the D.O.G.G.R. shall be inside the area enclosed by
the wall. The front yard and side yard setbacks of the zone district in which it is located
shall regulate the location of the wall.
3. Landscaping. Landscaping shall be required along all street frontages of
the well site and around well site pursuant to Chapter 17.61 as required by the decision-
making authority under the approved conditional use permit. Landscape and irrigation
plans shall be submitted for approval to the decision-making authority. Landscaping
shall be designed to camouflage the full height of petroleum related structures, with the
exception of derricks, and create an aesthetically pleasing environment managed in a
healthy condition.
4. Off-site Improvements. Where adjacent properties are similarly improved,
within one hundred eighty days of commencement of commercial production or one
year from the completion of drilling of any well on the well site, off-site improvements
including street paving, curbs, gutters, sidewalks, and related dedications for such
improvements shall be completed in accordance with the requirements of the city public
works director.
5. Vehicle Routes. Vehicles associated with drilling and/or production in
excess of three tons shall be restricted to those public roads specified by the city public
works director.
6. Work Hours. Truck deliveries of equipment and materials associated with
drilling and/or production, well servicing, site preparation, and other related work
conducted on the well site shall be limited to between the hours of 7 a.m. and 6 p.m.
Monday through Saturday, and prohibited on Sunday and all legal holidays, except in
cases of fires, blowouts, explosions and other emergencies where the director of
prevention services, or designee, and D.O.G.G.R. were notified. Drilling activities shall
be permitted twenty-four hours a day.
7. Noise. No drilling, producing, or other operations (including workover
operations) shall produce noise at the property line of a noise sensitive receptor in
excess of the following standards, with respect to these basic reference levels:
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Basic Reference Levels
7 a.m. to 10 p.m. 55 dB(A)
10 p.m. to 7 a.m. 50 dB(A)
a. Noise measurements and acoustical analysis shall be conducted by a
qualified acoustical consultant experienced in the fields of environmental noise
assessment and architectural acoustics. All costs associated with said measurements
and analysis shall be borne by the permittee. Frequency of monitoring shall be
determined by the B.Z.A.
b. All parts of a derrick above the derrick floor including the elevated portion
thereof used as a hoist, shall be enclosed with fire-resistive soundproofing material.
Such soundproofing shall comply with accepted A.P.I. standards and shall be subject to
fire department regulations. All doors and similar openings shall be kept closed during
drilling operations, except for ingress and egress and necessary logging, testing and
well completion operations. Alternative materials or methods of soundproofing may be
used, provided that such alternative has been approved by the decision-making
authority. The decision-making authority may approve any such alternative if they find
that the proposed material and method have equal sound proofing properties and fire
resistive qualities to the aforesaid specifications. Either may require the submission of
evidence to substantiate any claims that may be made regarding the use of such
alternative.
8. Pipelines. Pipelines utilized for all petroleum related operations shall be
buried a minimum of three (3) feet below grade.
SECTION 3.
This Ordinance shall be posted in accordance with the 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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ORIGINAL
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 JAN l 4 ~nn~ ,
by the following vote:
~ ~ / / ~-,'
YES' COUNCILMEMBER CARSON, BENHAM, WE R, COUCH, HANSON, SULLIVAN, SERWid'ER
S: COUNCILMEMBER ~~ o
ABSTAIN: COUNCILMEMBER -n-0la-~-~
ABSENT: COUNCILMEMBER ~j~f ,V t V Ylel'~
PAMELA A. McCARTHY, C
CITY CLERK and EX OFFIC of the
Council of the City of Bakersfield
By:
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
C RIS INE K. IM
Associate City Attorney
CKlasc
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APPROVED: JAN 1 4 2009
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 15th day of January , 2009 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4556 ,passed
by the Bakersfield City Council at a meeting held on the 14th day of January, 2009
and entitled:
AN ORDINANCE AMENDING SECTION 17.64.060 SUBSECTION E OF
THE MUNICIPAL CODE RELATING TO MODIFICATIONS AND
CONDITIONAL USE PERMITS.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUTY City Clerk
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