HomeMy WebLinkAbout10-17, 10-0130RESOLUTION NO. 10 -17
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT
FOR A 11.45 -ACRE OIL WELL DRILL SITE IN A R -1 (ONE- FAMILY
DWELLIING) ZONE DISTRICT. (FILE NO. 10 -0130)
WHEREAS, McIntosh & Associates filed an application with the City of Bakersfield Planning
Department requesting a conditional use permit for a 1.45 -acre oil well drill site. The proposal is
located at 12570 Pensiinger Road and is within an R -1 (One - Family Dwelling) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, June 8,
2010, at the hour of 3 :00 p.m. in Conference Room A of City Hall North, 1600 Truxtun Avenue,
Bakersfield, California, as the time and place for a public hearing before them on the proposal, and
notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal
Code; and
WHEREAS, a public hearing was held before the Board of Zoning Adjustment on said date,
and no testimony was received either in support or opposition of the project; and
WHEREAS, the laws and regulations relating to the California Environmental Quality Act
(CEQA) and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by
city staff and the Board of Zoning Adjustment; and
WHEREAS, for the above described project, an initial study was conducted and it was
determined that the proposed project would not have a significant effect on the environment and a
Mitigated Negative Declaration was prepared and posted on April 27, 2010, in accordance with CEQA;
and
WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, Bakersfield,
California) is the custodian of all documents and other materials upon which approval of the
environmental determination is based; and
WHEREAS, the facts presented in the staff report, initial study, and evidence received both in
writing and by verbal testimony at the above referenced public hearing(s), support the findings
contained in this resollution; and
WHEREAS, at the above mentioned public hearing(s), the proposal was heard and all facts,
testimony and evidence was considered by the Board of Zoning Adjustment, and they made the
following findings regarding the proposed project:
1. All required public notices have been given. Hearing notices regarding the proposed
project were mailed to property owners within 1,000 feet of the project area and
published in a local newspaper of general circulation 30 days prior to the hearing.
2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures
have been followed. Significant environmental impacts were not identified with the
project proposal; therefore, a Mitigated Negative Declaration was prepared for the
project. Compliance with the recommended mitigation measures, local ordinances, and
state laws, will reduce impacts to a less than significant level.
3. The proposed use is consistent with the intent and purpose of the City of Bakersfield
Zoning Ordinance.
4. The proposed use is essential or desirable to the public convenience or welfare.
5. The proposed use is in harmony with the goals, objectives and policies of the
Metropolitan Bakersfield General Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT
OF THE CITY OF BAKERSFIELD as follows:
That the above recitals, incorporated herein, are true and correct.
2. That the proposed is a project in which the laws and regulations relating to the
preparation and adoption of a Mitigated Negative Declaration as set forth in CEQA have
been duly followed.
3. That Conditional Use Permit No. 10 -0130 as described in this resolution, is hereby
approved subject to the conditions of approval and any mitigation measures as
contained in Exhibit "A -1 ".
On a motion by Board Member Underwood, the Board of Zoning Adjustment approved this
resolution by the following roll call vote:
AYES: Lee, Lyman, Underwood
NOES:
ABSENT:
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Board of
Zoning Adjustment of the City of Bakersfield at a regular meeting held on the 81h day of June, 2010.
DATED: June 8, 20110
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
vid Lyman, Chair
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EXHIBIT A -1
MITIGATION /CONDITIONS OF APPROVAL.
Conditional Use Permit No. 10 -0130
I. The applicant's rights granted by this approval are subject to the following provisions:
® The project shall be in accordance with all approved plans, conditions of approval, and other
required permits and approvals. All construction shall comply with applicable building codes.
® All conditions imposed shall be diligently complied with at all times and all construction
authorized or required shall be diligently prosecuted to completion before the premises shall be
used for the purposes applied for under this approval.
® This approval will not be effective until ten (10) days after the date upon which it is granted by
the BZA to allow for appeal to the City Council. Any permit or license for any approval granted
shall not be issued until that effective date.
® This approval shall automatically be null and void two (2) years after the effective date unless
the applicant or successor has actually commenced the rights granted, or if the rights granted
are discontinued for a continuous period of one (1) year or more. This time can be extended
for up to one (1) additional year by the approving body.
® The BZA may initiate revocation of the rights granted if there is good cause, including but not
limited to, failure to comply with conditions of approval, complete construction or exercise the
rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal
Code pertaining to the premises for which the approval was granted. The BZA may also
consider under the revocation addition to or modification of any conditions if there is sufficient
cause, including but not limited to, complaints regarding the project or that the conditions are
not adequate for the intended purpose.
Unless otherwise conditioned, this approval runs with the land and may continue under
successive owners provided all the above mentioned provisions are satisfied
II. The following conditions shall be satisfied as part of the approval of this project:
In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant, and /or
property owner and /or subdivider ( "Applicant" herein) agrees to indemnify, defend, and hold
harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners
or boards ( "City" herein) against any and all liability, claims, actions, causes of action or
demands whatsoever against them, or any of them, before administrative or judicial tribunals of
any kind whatsoever, in any way arising from, the terms and provisions of this application,
including without limitation any CEQA approval or any related development approvals or
conditions whether imposed by the City, or not, except for CITY's sole active negligence or
willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any decision by
the City related to this project and the obligations of this condition apply regardless of whether
any other permits or entitlements are issued.
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The City will promptly notify Applicant of any such claim, action or proceeding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion,
shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost
and expense of the Applicant and the City is not obligated to use any law firm or attorney
chosen by another entity or party.
2. This conditional use permit allows for a 1.45 -acre oil well drill site to accommodate one well in
an R -1 (One - Family Dwelling) zone district at 12570 Pensinger Road.
3. The applicant shall obtain all necessary approvals from both the State Department of
Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) and the State
Regional Water Quality Control Board.
4. The applicant shall comply with all applicable regulations and standards contained in
Bakersfield Municipal Code Chapter 15.66 (Drilling for and Production of Petroleum).
III. The following are specific items that you need to resolve before you can obtain a
building permit or be allowed occupancy. These items include conditions and /or
mitigation required by previous site entitlement approvals (these will be specifically
noted), changes or additions that need to be shown on the final building plans, alert you
to specific fees, and other conditions for your project to satisfy the City's development
standards. The item will usually need to be shown on the final building plans or
completed before a building permit is issued. Each has been grouped by department so
that you know whom to contact if you have questions.
A. DEVELOPMENT SERVICES — BUILDING (Staff contact — Mark Fick 661 -326 -3437)
Show on the final building plan how and where water will be drained from the property.
Show on the final building plan pedestrian access from the public way and handicap
parking. Private streets are not the public way.
B. DEVELOPMENT SERVICES — PLANNING (Staff contact — Paul Hellman 661- 326 -3733)
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 use;
d. Twenty -five feet of a storage tank or boilers, fired heaters, open flame devices
or other sources of ignition pursuant to the Uniform Fire Code (UFC).
2. 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 Uniform
Fire Code (UFC) . Blowouts, fires, explosions and other life threatening or
environmental emergencies shall be reported immediately to the Director of Prevention
Services, or designee, and State Department of Conservation, Division of Oil, Gas and
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Geothermal Resources (DOGGR).
3. All drilling and production operations shall be subject to all regulations of the State
Department of Conservation, DOGGR.
4. Vehicles associated with drilling and /or production in excess of three tons shall be
restricted to those public roads specified by the Public Works Director.
5. 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.
6. 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 UFC
and DOGGR to ensure employee and public safety. Signs not related to said
operations shall be subject to the provisions of Bakersfield Municipal Code Chapter
17.60.
7. 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 seven a.m. and six p.m. Monday through Saturday,
and prohibited on Sunday and legal holidays, except in cases of fires, blowouts,
explosions and other emergencies where the Director of Prevention Services, or
designee, and DOGGR are notified. Drilling activities shall be permitted 24 hours a
day.
8. Habitat Conservation fees shall be required for this project and will be calculated based
on the fee in effect at the time we issue an urban development permit (includes grading
plan approvals) as defined in the Implementation /Management Agreement (Section
2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the
fee, the applicant will receive acknowledgment of compliance with Metropolitan
Bakersfield habitat Conservation Plan (Implementation /Management Agreement
Section 3.1.4). This fee is currently $2,145 per gross acres, payable to the City of
Bakersfield (submit to the Planning Division). This fee must be paid before any grading
or other site disturbance occurs.
Forms and instructions are available at the Planning Division or on the city's web site at
www.bakersfieldcity.us (go to Development Services Department).
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in
year 2014. Projects may be issued an urban development permit, grading plan
approvaC, or building permit and pay fees prior to the 2014 expiration date under the
current MBHCP. As determined by the City of Bakersfield, only projects ready to be
issued an urban development permit, grading plan approval or building permit) before
the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early
payment or pre - payment of MBHCP fees shall not be allowed. The ability of the City to
issue urban development permits is governed by the terms of the MBHCP. Urban
development permits issued after the 2014 expiration date may be subject to a new or
revised Habitat Conservation Plan, if approved, or be required to comply directly with
requests of the U.S. Fish and Wildlife Agency and the California Fish and Game
Department.
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9. Prior to ground disturbance, the developer shall have a qualified consultant survey the
location for burrowing owls, and comply with the provisions of the Migratory Bird Treaty
Act (META) of 1918 (16 U.S.C. 703 -711). Survey protocol shall be that recommended
by the State Department of Fish and Game. Developers shall be subject to the
mitigation measure recommended by the consultant. A copy of the survey shall be
provided to the Planning Department prior to ground disturbance.
The burrowing owl is a migratory bird species protected by international treaty under the
Migratory Bird Treat Act (MBTA) of 1918 (16 U.S.C. 703 -711). The MBTA makes it
unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50
C.F.R. Part 10 including feathers or other parts, nests, eggs, or products, except as
allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800
of the California Department of Fish and Game Code prohibit the taking, possession or
destruction of birds, their nests or eggs. To avoid violation of the provisions of these
laws generally requires that project related disturbance at active nesting territories be
reduces or eliminated during critical phases of the nesting cycle (March 1- August 15,
annually). Disturbance that causes nest abandonment and /or loss of reproductive
effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is
potentially punishable by fines and /or imprisonment.
10. Prior to ground disturbance, the developer shall have a qualified consultant survey the
location for kit fox, and comply with the provisions of the Metropolitan Bakersfield
Habitat Conservation Plan. Survey protocol shall be recommended by the State
Department of Fish and Game. Developer shall be subject to the mitigation measures
recommended by the consultant. A copy of the survey shall be provided to the
Planning Department prior to ground disturbance.
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in
year 1014. Projects may be issued an urban development permit, grading plan
approval':, or building permit and pay fees prior to the 2014 expiration date under the
current MBHCP. As determined by the City of Bakersfield, only projects ready to be
issued an urban development permit, grading plan approval or building permit, before
the 2014 expiration date, will be eligible to pay fees under the current MBHCP. Urban
development permits issued after the 2014 expiration date may be subject to a new or
revised Habitat Conservation Plan, if approved, or be required to comply directly with
requests of the U.S. Fish and Wildlife Agency and the California Fish and Game
Department.
11. Areas used for outside storage, shall be treated with a permanent dust binder or other
permanent dust control measure consistent with the regulations of the San Joaquin
Valley Air Pollution Control District. (Note: All vehicle - parking areas must be paved).
12. In the event a previously undocumented oil /gas well is uncovered or discovered on the
project, the developer is responsible to contact the Department of Conservation's
Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is
responsible for any remedial operations on the well required by DOGGR. The
developer shall also be subject to provisions of BMC Section 15.66.080 (B).
13. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control
District (Regulation VIII) concerning dust suppression during construction of the project.
Methods include, but are not limited to; use of water or chemical stabilizer /suppressants
to control dust emission from disturbed area, stock piles, and access ways; covering or
wetting materials that are transported off -site; limit construction - related speed to 15
mph on all unpaved areas /washing of construction vehicles before they enter public
streets to minimize carryout/track out; and cease grading and earth moving during
periods of high winds (20 mph or more).
14. Prior to receiving final building or site occupancy, you must contact the Planning
Division (staff contact noted above) for final inspection and approval of the landscaping,
parking lot, lighting and other related site improvements. Inspections will not be
conducted until all required items have been installed. Any deviations from the
approved plans without prior approval from the Planning Division may result in
reconstruction and delays in obtaining a building or site occupancy.
Mitigation Measures from the Mitigated Negative Declaration
Cultural Resources Mitigation Measures:
15. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050.5 of the California Health and Safety Code. If human
remains are identified on the site at any time, work shall stop at the location of the find and
the Kern County Coroner shall be notified immediately (Section 7050.5 of the California
Health and Safety Code and Section 5097.98 of the California Public Resource Code
which details the appropriate actions necessary for addressing the remains) and the local
Native American community shall be notified immediately.
16. If unrecorded cultural resources are located during development of the site, work must halt
in the vicinity and the finds must be assessed by a qualified archaeologist. Any
recommendations made bythe qualified archaeologist shall be completed bythe developer
prior to commencement of the development.
17. Prior to ground - disturbance activities associated with this project, personnel associates
with the grading effort shall be informed of the importance of the potential cultural and
archaeological resources (i.e. archaeological sites, artifacts, features, burials, etc.) that
may be encountered during site preparation activities, how to identify those resources in
the field, and of the regulatory protections afforded to those resources. The personnel shall
be informed of procedures relating to the discovery of archaeological remains during
grading activities and cautioned to avoid archaeological finds with equipment and not
collect artifacts. The applicant/developer of the project site shall submit documentation to
the Planning Department that they have met this requirement prior to commencement of
ground- disturbance activities. This documentation should include information on the
date(s) of training activities, the individual(s) that conducted the training, a description of
the training, and a list of names of those who were trained. Should cultural remains be
uncovered, the on -site supervisor shall immediately notify a qualified archaeologist.
C. FIRE DEPARTMENT (Staff contact — Howard Wines 661 -326 -3706)
If you handle hazardous materials or hazardous waste on the site, the Prevention
Services Division may require a hazardous material management and /or risk
management plan before you can begin operations. Please contact them at 661 -326-
3979 for further information.
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2. If you treat hazardous waste on the site, the Prevention Services Division may require a
hazardous waste "Tiered" permit before you can begin operations. Please contact
them at 661 - 326 -3979 for further information.
3. If you store hazardous materials on the site in either an underground or a permanent
aboveground storage tank, a permit from the Prevention Services Division is required to
install and operate these tanks. The Prevention Services Division may also require a
Spill Prevention Control and Countermeasure Plan for storage of petroleum products
above ground in quantities of 1,320 gallons or more. Please contact them a t 661 -326-
3979 for further information.
4. A permit from the Prevention Services Division is required prior to the commencement
of drilling.
5. The developer shall show on the final building plans a minimum 20 -foot wide all -
weather emergency access, with an overhead clearance of 13 feet 6 inches within 150
feet of all buildings on the project site, from Pensinger Road to the drill site. The Fire
Department must approve the final location and design of the access prior to building
permits being issued. This access shall be constructed before building occupancy will
be granted.
D. PUBLIC WORKS — ENGINEERING (Staff contact — George Gillburg 661- 326 -3997)
If the project generates industrial waste, it shall be subject to the requirements of the
Industrial Waste Ordinance. An industrial waste permit must be obtained from the
Public Works Department before issuance of the building permit. To find out what type
of waste is considered industrial, please contact the Wastewater Treatment
Superintendent at 661- 326 -3249.
2. If a grading plan is required by the Building Division, building permits will not be issued
until the grading plan is approved by both the Public works Department and the
Building Division.
3. Any pipeline under City streets shall be sleeved and will require an agreement with the
City.
4. All storm water generated on the project site, including the street frontage shall be
retained onsite unless otherwise allowed by the Public Works Department (please
contact the Public Works Department — Subdivisions at 661- 326 -3576.
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