HomeMy WebLinkAboutORD NO 4058 4058
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY AMENDING CHAPTER
15.66 AND REPEALING CHAPTER 15.67 RELATIVE TO OIL
AND MINERAL DRILLING AND PRODUCTION.
WHEREAS, in July, 2001, the Planning Commission appointed a sub-committee
entitled "Oil Well/Drilling Operations Committee," to review oil drilling and production
regulations contained in Titles 15, 16 and 17 of the City of Bakersfield; and
WHEREAS, said committee meetings were held between August and November
2001 and attended by mineral interests and development interests; and
WHEREAS, on December 20, 2001, the Planning Commission adopted a
motion to transmit the sub-committee's recommendation to the Urban Development Committee
of the City Council; and
WHEREAS, the Urban Development Committee met on January 14, 2002 and
February 11, 2002, and voted unanimously to forward a recommendation to the City Council to
refer ordinance amendments related to oil drilling and production to the Planning Commission
for public hearings; and
WHEREAS, on March 20, 2002, the City Council accepted the Urban
Development Committee Report No. 1-02 and referred the proposed amendments to the
Planning Commission for public hearing and recommendation; and
WHEREAS, in accordance with the procedure set forth in the provisions of Title
17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public
hearing on April 4, 2002 relative to amending Chapter 15.66 and rescinding Chapter 15.67; and
WHEREAS, as said hearing, related amendments to Titles 16 and 17 of the
Bakersfield Municipal Code were also considered by the Planning Commission; and
WHEREAS, the intent of the Urban Development Committee and the Planning
Commission subcommittee is to consolidate and clarify local regulations governing oil well
drilling and production; and
WHEREAS, the said amendments to Chapter 15.66 incorporated development
standards and regulations from Chapter 15.67 to consolidate development standards governing
oil well drilling and production into one chapter, thus necessitating repeal of Chapter 15.67; and
WHEREAS, as a result of said hearing, the Planning Commission did make
several general and specific findings of fact by adoption of Resolution No.39-02 recommending
approval and adoption of an ordinance amending Title 15 of the Municipal Code approving the
proposed amendments; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, the above described project is Categorically Exempt from the
requirements of the California Environmental Quality Act in accordance with Section 15061 (b)(3),
general rule; and
WHEREAS, no environmental impacts have been identified; and
WHEREAS, the Council has fully considered the recommendations made by the
Planning Commission as set forth in that Resolution 39-02, and all appear to be true and correct;
and
findings:
follows:
WHEREAS, the City Council has considered and hereby makes the following
1. All of the foregoing recitals are hereby found to be true and correct.
2. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
3. The proposed project is exempt from CEQA pursuant to Section 15061(b)(3),
general rule, of CEQA Guidelines.
4. The public necessity and general welfare justify the requested amendments to
Title15 of the Bakersfield Municipal Code.
5. The proposed amendments are consistent with the goals and policies of all
elements of the general plan.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
2.
3.
4.
Ail of the foregoing recitals are hereby found to be true and correct.
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
The proposed project is exempt from CEQA pursuant to Section 15061(b)(3),
general rule, of CEQA Guidelines.
The public necessity and general welfare justify the requested amendments to
Title15 of the Bakersfield Municipal Code.
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5. The proposed amendments are consistent with the goals and policies of all
elements of the general plan.
follows:
Sections:
SECTION 2.
Chapter 15.66 of the Bakersfield Municipal Code is hereby amended to read as
Chapter 15.66
DRILLING FOR AND PRODUCTION OF PETROLEUM
15.66.010
15.66.020
15.66.030
15.66.040
15.66.050
15.66.070
15.66.080
Purpose.
Definitions.
Permits.
Well site development standards.
Abandoned and idle wells.
Enforcement.
Development encroachment in petroleum areas.
15.66.010 Purpose.
It is the intent and purpose of this chapter to regulate the drilling, redrilling and recovery of
oil, gas and other hydrocarbons, including injection wells, so that these activities may be
conducted in a manner that: a) protects public health, safety and welfare; b) conforms with
established codes and regulations; c) minimizes the potential impact to property and mineral rights
owners; d) encourages drill site consolidation; and e) protects the quality of the environment. This
chapter provides local regulations for petroleum drilling and production. These operations are also
subject to state and federal regulations administered by those agencies.
15.66.020 Definitions.
The terms set forth in this chapter shall have the meanings herein unless it is apparent
from the context that a different meaning is intended.
A. "Abandonment" means the permanent plugging of a well in accordance with the
requirements of the Department of Conservation, Division of Oil, Gas and Geothermal Resources
of the State of California, the removal of all equipment related to the well, including restoration of
the drill site as required by these regulations.
B. "A.N.S.I." means the American National Standards Institute.
C. "A.S.T.M." means the American Society for Testing Materials.
D. "A.P.I." means the American Petroleum Institute.
E. "Blowout" means the uncontrolled flow of gas, liquids or solids (or a mixture thereof)
from a well on to the surface.
F. "Blowout preventor" means a mechanical, hydraulic, pneumatic, or other device or
combinations of such devices secured to the top of a well's casing including valves, fittings, and
control mechanisms connected therewith designed and capable of preventing a blowout.
G. "Board of Zoning Adjustment" or "B.Z.A." means the Board of Zoning Adjustment of
the City of Bakersfield as defined in Title 2 of the Bakersfield Municipal Code.
H. "Cellar" means an excavation in which the wellhead is located.
I. "Completion of drilling" on a well site is deemed to occur for the purpose of this
code upon, (1) initiation of disassembly or removal of the drilling rig from any one well on the drill
site, (2) thirty days after setting of a well head on any one well on the drill site, or (3) thirty days
after the drilling equipment has been removed from the site. Completion has not occurred if
drilling, testing, or remedial operations are resumed on that one well before the end of any thirty-
day period.
J. "Derrick" means any framework, tower or mast together with all the appurtenances
to such structure placed over a well for the purpose of drilling, raising or lowering pipe, casing,
tubing or other drilling, completion production or injection tools or equipment out of or into the well
bore.
K. "Desertion" means the cessation of operations at a well site where suspension of
drilling operations and removal of drilling machinery has occurred where the operator cannot be
located or contacted, and no activity has taken place for at least six consecutive months, or
production equipment or facilities have been removed and no activity has taken place for at least
two consecutive years, unless the D.O.G.G.R has granted an extension of time pursuant to their
regulations. This definition does not apply to observation wells.
L. "Division of Oil, Gas and Geothermal Resources" or "D.O.G.G.R" means that
division of the Department of Conservation of the State of California.
M. "Drill or Drilling" means to bore a hole in the earth for the purpose of completing a
well, exploration or testing. Drilling includes all operations through the removal of the drilling
equipment from the drill site.
N. "Drill site" means the land required to be reserved in accordance with Section
15.66.080 C. as part of a rezoning, subdivision or other development for future drilling and/or
production operations.
O. "Drill island" means the discrete area zoned Drilling Island (DI) District in
accordance with Chapter 17.46 of this Code.
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P. "Dwelling" means any building or portion thereof providing living facilities for one or
more persons, including permanent provisions for sleeping, eating, cooking and sanitation, and
includes both single-family and multiple-family residential facilities.
Q. "Gas" means the gaseous components or vapors contained in or derived from
petroleum or natural gas.
R. "Grade" (adjacent ground elevation) means the lowest point of elevation of the
finished surface of the ground, paving or sidewalk within the area between the structure and the
property line or, when the property line is more than five feet from the structure,
between the structure and a line five feet from the structure.
S. "Hazardous well" means an oil or gas well that presently poses a danger to life,
health, or natural resources as determined by the D.O.G.G.R under the provisions of the Public
Resources Code.
T. "Idle well" means a well for which production has been suspended for a minimum of
five consecutive years, except any well being held for future programs, including those being
retained for use under a secondary or tertiary recovery plan or for disposal, which has been
approved by the D.O.G.G.R but has not been abandoned or deserted as defined in this code and
by the D.O.G.G.R. This definition does not apply to observation wells.
U. "Lessee" means the party possessing the right(s) to drill, develop and produce oil,
gas or other hydrocarbons from the subsurface of land with said right(s) being specifically
conveyed by a written oil, gas, mineral or surface lease.
V. "Lessor" means the party owning an interest in and to any oil, gas or other
hydrocarbons as may be produced from a tract of land who has conveyed the right(s) to drill,
develop and produce said substances to another party (lessee) by a written oil, gas, mineral or
surface drilling rights lease. This party may or may not be the surface owner.
W. "Maintenance" or "Maintain" means the upgrading, repair, cleaning, upkeep and
replacement of pads of a structure and equipment. Maintenance of a structure does not alter or
lessen the character, strength, or stability of the structure.
X. "N.F.P.A." means the National Fire Protection Association.
Y. A "Noise sensitive receptor" is a land use associated with human activities which is
particularly sensitive to noise. Examples of noise sensitive receptors include hospitals, libraries,
schools, residential uses, and those uses deemed noise sensitive by the City Council, Planning
Commission or Board of Zoning Adjustment.
z. An "Observation Well" is a well bore for the purpose of observing petroleum
reservoir characteristics, including but not limited to, temperature, saturation, pressure, and fluid
movement, as recognized by the D.O.G.G.R.
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AA. "Operator" means person, including corporations, partnerships and associations,
whether proprietor, lessee, contractor, or agent or officer of the same, in charge of or in control of
the drilling, maintenance, and operation of a well or wells as shown on the permit application.
BB. "Petroleum" means and includes any and all hydrocarbon substances found in a
natural state, including but not limited to crude oil, natural gas, natural gasoline, and other related
substances.
CC. "Petroleum lease" means a property right with respect to which a lessee enjoys the
right to drill, develop, produce and possess petroleum resources for a determinable period. May
also be referenced as a subsurface lease or mineral rights lease.
DD. "Production operation" means and includes all oil or gas recovery activities following
completion of drilling, redrilling or testing of a well.
EE. "Public assembly" refers to a building, structure or site, or portion thereof, for the
gathering together or accommodation of 50 or more persons for such purposes of deliberation,
education, worship, entertainment, lodging, medical care, amusement, drinking and dining, or
awaiting transportation.
FF. "Redrilling" means any drilling operation, including deviation from original well bore,
to recomplete the well in the same or different geologic zone, excluding sidetracking.
GG. "Remedial" means any work on a well, other than drilling or redrilling.
HH.. "Sidetracking" means drilling, excluding substantial deviation from the original well
bore to recomplete a well in the same or different geologic zone.
II. "Sump" means a lined or unlined, covered or uncovered excavation pit which holds
petroleum or other liquids incidental thereto, or solids associated with drilling or production
operations.
JJ. "Tank" means a structure or container, with a minimum volume of 60 gallons, used
in conjunction with either the drilling or production of a well used for holding, storing, or treating
liquids or solids, or otherwise associated with drilling or producing operations.
KK. "Uniform Building Code" or "U.B.C." means the most recent edition of the Uniform
Building Code as adopted by the City of Bakersfield.
LL. "Uniform Fire Code" or "U.F.C." means the most recent edition of the Uniform Fire
Code as adopted by the City of Bakersfield.
MM. "Well" means any hole drilled into the earth for the purpose of exploring for or
producing oil or gas; injecting fluids or gas for stimulating oil or gas recovery; repressuring or
pressure maintenance of oil or gas reservoirs; disposing of oil field waste fluids; seismic testing; or
any hole drilled into the earth within or adjacent to an oil or gas pool for the purpose of observation
of subsurface conditions.
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NN. "Well servicing" means and includes remedial or maintenance work or work
performed to maintain or improve production from an already producing facility.
OO. "Well site" means that surface area used for oil or gas drilling or extraction
operations, for injection purposes in enhanced petroleum recovery operations after drilling is
completed and oil and gas recovery activities following completion of drilling or redrilling of a well.
A well site may include one or more wells.
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 ara
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 500 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 500 and 1,000 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 500 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 500 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; 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.
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Kern River Oil Field (D.O.G.G.R. Map 457).
Kern Bluff Oil Field ( D.O.G.G.R. Map 439).
Portion of the Fruitvale Oil Field encompassing Section 27, T29S,
R27E, north of the Cross Valley Canal (D.O.G.G.R. Map 435).
(c)
An area zoned DI (Drilling Island District) zone or PE (Petroleum Extraction
Combining District) zone.
the city:
Well sites and/or production operations shall be prohibited in the following areas in
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). 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.
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 plot plan or site development plan drawn at the scale specified by the
Planning Director, which includes the following information:
i. Topography and proposed grading.
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 (300) 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.
ii.
Nature of hydrocarbon development activity.
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iii. Description of equipment to be used, including height of derrick.
iv. Distance to ail existing buildings.
v. Phasing or development schedule.
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 30 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.
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).
Notice of the public hearing shall be expanded to include property owners within
1,000 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 30 days of the date of
application for a conditional use permit.
If a producing well or service welt is not commenced upon land subject to said
conditional use permit within twelve (12) 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 (30) consecutive days. If, at the
expiration of the twetve (12) month period, the permittee 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.
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 30
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 city's 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.
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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. Wells sites and production operations established prior to September 19, 1992, may
continue to operate pursuant to permits issued for them, 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.
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
15.66.040 Well site development standards.
A. Class 3 Permits - development standards:
Setbacks. No petroleum well shall be drilled nor shall any storage tank and other
production related structures be located within:
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OR1GINA~
(a)
Seventy-five (75) 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 (100) feet of any building including dwellings, except buildings
incidental to the operation of the well;
(c) Three hundred (300) feet of any public assembly as defined in this chapter;
(d)
Twenty-five (25) feet of a storage tank or boilers, fired heaters, open flame
devices or other sources of ignition pursuant to the U.F.C.
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.
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.
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 (90) 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.
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.
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.
Equipment Storaae. 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 60 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.
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10.
11.
Derricks. Drilling derricks, if idle for a consecutive period of more than 60 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.
Gradina and Drainaae. 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
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 agregate 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.
Waste. Drainage containing drilling muds, cuttings, wastewater, waste oil, grease
and other oil field 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:
The nonhazardous oilfield liquid waste or production water is
produced and disposed of within the same designated oilfield; or
ii.
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.
Liqht 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.
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12.
13.
14.
15.
16.
17.
18.
19.
Blowouts. Protection against blowouts shall be provided in accordance with the
D.O.G.G.R. and U.F.C.
Storaqe 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 (500) 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.
Heiqht. The height of all pumping units, excluding derricks, shall not exceed a
height of thirty-five (35) 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 Transportation, or any corresponding rules or regulations of the
Federal Aviation Administration, as amended.
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.
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.
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.
Vibration. Vibration from equipment shall not create a nuisance or hazard to nearby
land uses.
Site Restoration. Site restoration shall commence within 90 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 (90) 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
13 "~ ~'~ ;"~%
20.
21.
22.
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 90
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 permittee's 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 city and no additional permit shall be issued a permittee until
payment of all such costs has been made.
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 city's involvement in the National Flood
Insurance Program and with the requirements of the State Department of Water
Resources and Regional Water Quality Control Board.
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.
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 (500) feet of any dwelling or in an OS (Open Space) zone. Such fencing
shall comply with the requirements of 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.
Class 2 Permits - development standards:
Class 3 Reauirements. 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.
Off-site Improvements. Where adjacent properties are similarly improved, within
180 days of commencement of commercial production or one (1) 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.
14
~",
ORIGiNAl
Noise. Noise levels from any drilling and/or production operation shall not exceed
65 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.
Pipelines. Pipelines utilized for all petroleum related operations shall be buried a
minimum of three (3) feet below grade.
Class 1 Permits - development standards:
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 I permits.
Fencinq. A solid masonry wall a minimum of six feet but not to exceed eight feet in
height of a color approved by the B.Z.A. 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.
Landscaoino. Landscaping shall be required along all street frontages of the well
site and around well site pursuant to Chapter 17.53.061 as required by the Board of
Zoning Adjustment under the approved conditional use permit. Landscape and
irrigation plans shall be submitted for approval to the B.Z.A. 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.
Off-site Improvements. Where adjacent properties are similarly improved, within
180 days of commencement of commercial production or one (1) 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.
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.
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,
15
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 24 hours a day.
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:
BASIC REFERENCE LEVELS
7 a.m. to 10 p.m ............ 55 db(A)
10 p.m. to 7 a.m ............ 50 db(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.
All parts of a derrick above the derrick floor including the elevated portion
thereof used as a hoist, shall be enclosed with fire-resisfive 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 B.Z.A. The B.Z.A. 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.
Pipelines. Pipelines utilized for all petroleum related operations shall be buried a
minimum of three (3) feet below grade.
15.66.050 Abandoned and idle wells.
A. Abandoned wells. The surface area of the site shall be returned to its natural
condition including but not limited to cleaning all oil, oil residues, drilling fluids, muds and other
substances; leveling, grading or filling of sumps, ditches, and cellars including removal of all lining
materials to the satisfaction of the D.O.G.G.R. The permittee shall also be responsible for
repairing any streets, sidewalks or other public property that may have been damaged in
connection with any operation on the site, except for ordinary wear and tear of said improvements,
to substantially the same or better condition as existed before operations commenced as
determined by the City Public Works Director.
16
ORIGINAl
B. Idle wells. Whenever a well becomes idle as defined in this chapter, the Director of
Prevention Services, or designee, shall send notice thereof by registered mail, to the surface
owner, mineral rights owner and lessee of land as shown on the latest equalized assessment roll
of the county, and permittee, that a request to abandon the well will be sent to the D.O.G.G.R.
unless operations are resumed or that the operator provides verification that the well is under the
D.O.G.G.R.'s idle well program. If there is no response to said notice within 90 days of the receipt
of the notice, or the extension of time expires, the Director of Prevention Services, or designee,
shall request the D.O.G.G.R. to commence abandonment proceedings.
C. Deserted wells. As defined in this chapter, the Director of Prevention Services, or
designee, may request that the D.O.G.G.R.. commence abandonment proceedings.
15.66.070 Enforcement.
A. It shall be the duty of the Director of Prevention Services, or designee, to enforce
the provisions of this chapter.
B. Any structure erected or maintained, or any use of property contrary to the
provisions of this chapter shall be, and the same is, unlawful and a public nuisance, and the
Director of Prevention Services, or designee, in conjunction with the City Attorney shall
immediately commence actions and proceedings for the abatement, removal and enjoinment
thereof in the manner provided by law. Violators will be liable for all enforcement costs incurred by
the city.
C. This chapter may also be enforced by injunction issued out of Superior Court upon
suit of the city, or the owner or occupant of any real property affected by such violation.
D. Permits issued in conflict with the provisions of this chapter shall be null and void.
15.66.080 Development encroachment in petroleum areas.
A. On-site petroleum facilities. Where a developer proposes to subdivide, rezone or
otherwise develop property which contains existing drilling and/or production operations including
disposal wells, the developer shall provide a plan showing how all existing petroleum related
facilities will be protected and integrated into the proposed development so as said facilities will
satisfy the development standards pursuant to this chapter including, but not limited to setbacks.
The developer shall also submit a plan of the ultimate use of the land after cessation of petroleum
operations and abandonment of the wells. Any buildable lot containing an area which may not be
built upon because of development standard compliance of the petroleum facilities shall be
encumbered by the developer with a deed restriction specifying the area so encumbered and
identifying the name and location of the well causing the encumbrance. If a final map is required,
the subdivider shall record a covenant affecting all real property within the subdivision that is within
500 feet of the petroleum facilities. Said covenant shall disclose the existence and location of the
petroleum facilities. The encumbrance or covenant shall be approved by the City Attorney prior to
recordation. The covenant shall be recorded concurrently with the final map.
17
B. Abandoned wells. Tentative maps, planned development and other development
plans submitted to the City shall show the location of all wells drilled on the property. Prior to
development of an area, any well shown as abandoned shall be accompanied by written
verification from the D.O.G.G.R. that the well was properly abandoned pursuant to their
regulations. Any well thereafter abandoned shall also be accompanied by written verification from
the D.O.G.G.R. Development shall be designed such that the City Building Official is satisfied
that no structure will be built within 10 feet of any well that has been properly abandoned pursuant
to D.O.G.G.R. requirements. Any lot or parcet containing an abandoned well shall be encumbered
with a deed restriction specifying the exact location of such well and prohibiting any construction
within said 10 feet area. Said encumbrance shall run with the land and be approved by the City
Attorney prior to recordation. If a final map is required, said encumbrance shall be recorded
concurrent with the final map. The D.O.G.G.R., at their discretion, may also require that any
abandoned well be uncovered, tested for leakage, require remedial work on leaking wells, and
accurately located on the final map before said map is recorded.
C. Drillinq Site. Lands may be reserved as part of a rezoning, subdivision or other
development for future drilling and/or production operations as drilling sites. Such sites shall be no
less than two (2) net acres in size and have a minimum lot frontage and width of 305 feet,
configured so that the proposed development and petroleum activities can be adequately buffered
from one another, provide for adequate ingress and egress, and shall be accompanied with a plan
of the ultimate use of the site after abandonment or decision not to pursue petroleum operations.
If a final map is required, the subdivider shall record a covenant disclosing the existence and
location of the drilling site. Said covenant shall be recorded to affect all real property within the
subdivision that is within 500 feet of the drilling site. Said covenant shall be approved by the City
Attorney and recorded concurrent with the final map. Future drilling and/or production operations
shall be required to acquire necessary permits as well as satisfy all well site development
standards pursuant to this chapter.
SECTION 3.
Chapter 15.67 of the Bakersfield Municipal Code is hereby repealed.
SECTION 4.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code
and shall become effective not less than thirty (30) days from and after the date of its passage.
.......... o0o ..........
18
I HEREBY CERTIFY that the foregoing Resolution was passed a..n..d adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on MAY ~ ZO0~' , by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER ~,
COUNCILMEMBER ~,~'~_ ,~
CITY CLERK and Ex Officio Clairol the
Council of the City of Bakersfield
APPROVED ,~ ~A¥ ~ ?00~
HARVEY L. H/'~.LL ,'
MAYOR of the City of Bakersfield
APPROVED as to form:
EN, CITY ATTORNEY
S:~JENG\oil\CC\clean\ordCh15,wpd
May 3, 2002
'gRI(~IN A~
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 23rd . day of May , 2002 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4058., passed by the
Bakersfield City Council at a meeting held on the 22nd day of May 2002 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY AMENDING
CHAPTER 15.66 AND REPEALING CHAPTER 15.67
RELATIVE TO OIL AND MINERAL DRILLING AND
PRODUCTION.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
B: J~ ' \DEPUTYCi~Cle~k~