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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 2 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. n J 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 n 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. 5 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. 7 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. 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