HomeMy WebLinkAboutORD NO 5086ORDINANCE NO. 5 08 6
ORDINANCE AMENDING SECTIONS 15.66.020, 15.66.030,
15.66.040, 15.66.050 AND 15.66.080 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO DRILLING FOR AND
PRODUCTION OF PETROLEUM TO REFLECT THE NAME
CHANGE FROM THE DIVISION OF OIL AND GAS
RESOURCES (D.O.G.G.R.) TO THE GEOLOGIC ENERGY
MANAGEMENT DIVISION (CALGEM) OF THE DEPARTMENT
OF CONSERVATION, STATE OF CALIFORNIA.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 15.66.020 of the Bakersfield Municipal Code are hereby amended
to'read as follows:
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.
"Abandonment" means the permanent plugging of a well in accordance with
the requirements of the Department of Conservation, Geologic Energy
Management Division of the state of California, and the removal of all equipment
related to the well, including restoration of the drill site as required by these
regulations.
"A.N.S.I." means the American National Standards Institute. "A.P.I." means the
American Petroleum Institute.
"A.S.T.M." means the American Society for Testing Materials.
"Blowout" means the uncontrolled flow of gas, liquids or solids (or a mixture
thereof) from a well onto the surface.
"Blowout preventor" means a mechanical, hydraulic, pneumatic, or other device
or combination of such devices secured to the top of a well casing including
valves, fittings, and control mechanisms connected therewith designed and
capable of preventing a blowout.
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
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"Building Code" means the most recent edition of the Building Code as adopted
by the city of Bakersfield. "Cellar" means an excavation in which the wellhead is
located.
"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.
"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.
"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 CaIGEM has granted an extension of time pursuant to their regulations.
This definition does not apply to observation wells.
"Geologic Energy Management Division" or "CaIGEM" means that division of the
Department of Conservation of the state of California.
"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.
"Drill island" means the discrete area zoned drilling island (DI) district in
accordance with Chapter 17.64 of this code.
"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.
"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.
"Gas" means the gaseous components or vapors contained in or derived from
petroleum or natural gas.
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
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"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.
"Hazardous well" means an oil or gas well that presently poses a danger to life,
health, or natural resources as determined by the CaIGEM under the provisions of
the Public Resources Code.
"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 CaIGEM but has not been
abandoned or deserted as defined in this code and by the CaIGEM, This definition
does not apply to observation wells.
"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.
"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.
"Maintenance" or "maintain" means the upgrading, repair, cleaning, upkeep
and replacement of parts of a structure and equipment. Maintenance of a
structure does not alter or lessen the character, strength, or stability of the
structure.
"N.F.P.A." means the National Fire Protection Association.
"Noise sensitive receptor" means and includes 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 or planning commission.
"Observation well" means 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 CaIGEM.
"Operator" means a person, including corporations, partnerships and
associations, whether proprietor, lessee, contractor, or agent or officer of the
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
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same, in charge of or in control of the drilling, maintenance, and operation of a
well or wells as shown on the permit application.
"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.
"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.
"Production operation" means and includes all oil or gas recovery activities
following completion of drilling, redrilling or testing of a well.
"Public assembly" refers to a building, structure or site, or portion thereof, for the
gathering together or accommodation of fifty or more persons for such purposes
as deliberation, education, worship, entertainment, lodging, medical care,
amusement, drinking and dining, or awaiting transportation.
"Redrilling" means any drilling operation, including deviation from original well
bore, to recomplete the well in the same or different geologic zone, excluding
sidetracking.
"Remedial" means any work on a well, other than drilling or redrilling.
"Sidetracking" means drilling, excluding substantial deviation from the original
well bore to recomplete a well in the same or different geologic zone.
"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.
"Tank" means a structure or container, with a minimum volume of sixty 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.
"Uniform Fire Code" or "U.F.C." means the most recent edition of the Uniform Fire
Code as adopted by the city of Bakersfield.
"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.
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
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"Well servicing" means and includes remedial or maintenance work or work
performed to maintain or improve production from an already producing facility.
"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.
SECTION 2.
Section 15.66.030 of the Bakersfield Municipal Code are hereby amended
to read as follows:
15.66.030 Permits.
A. No person shall drill, operate or maintain any well or well site for petroleum,
natural gas, or related drilling, nor operate or maintain any production operation
without first obtaining a permit. Applications for drilling/production permits shall
be made in writing to the director of prevention services, or designee, on such
forms as provided by the director. Permits are classified as follows:
1. Class 1. The well site and/or production operation is:
a. Within an area zoned for residential development; or
b. Located less than five hundred feet from a dwelling except those
for use by a caretaker or night security on the same parcel, or public assembly as
defined in this chapter.
2. Class 2. The well site and/or production operation is:
a. Within an area zoned for commercial, light manufacturing or
open space; or
b. Located between five hundred and one thousand feet from a
dwelling unit except those for use by a caretaker or night security on the same
parcel, or public assembly as defined in this chapter, provided no well or related
structure for production is located less than five hundred feet from said uses.
3. Class 3. The well site and/or production operation is:
a. Within an area zoned for general manufacturing, heavy
manufacturing, or agricultural, or is within the primary floodplain pursuant to the
restrictions in subsection B of this section, or the secondary floodplain, provided
no well or related structure for production is located less than five hundred feet
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
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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 CaIGEM, regardless of the zone
district or distance from dwellings or public assembly uses as defined in this
chapter:
i. Kern River Oil Field (CaIGEM Map 457),
ii. Kern Bluff Oil Field (CaIGEM Map 439),
iii. Portion of the Fruitvale Oil Field encompassing Sections 14
(west of State Highway 99), 21 (south of Meany Avenue), 22
(except Tracts 6003 and 6042), 23 (west of State Highway 99),
26 (north of the Cross Valley Canal and west of State Highway
99), 27 (north of the Cross Valley Canal), and 28 (east of the
Friant-Kern Canal), all within T29S, R27E (CaIGEM Map 435);
c. An area zoned DI (drilling island district) zone or PE (petroleum
extraction combining district) zone.
B. Well sites and/or production operations shall be prohibited in the following
areas in the city: primary floodplain of the Kern River, except that area located
within the state approved boundary of the Kern River oil field as delineated on
Map 457 of the CaIGEM.
C. Drilling by Conditional Use Permit. Class 1 permits shall not be issued until a
conditional use permit is granted by the planning commission pursuant to
Chapter 17.64 of this code (Modifications, Conditional Use Permits, Amendments
and Appeals), except that a conditional use permit shall not be required for any
well on a lot within an approved tentative or recorded subdivision map that is
specifically identified as a drill site for the extraction of petroleum, gas, and/or
other hydrocarbons. Any conditions required under the conditional use permit
shall be in addition to those imposed by this chapter for a Class 1 permit. The
planning commission may modify any condition set forth in the development
standards and conditions if it determines that there will be no material detriment
to the public welfare or safety of persons and property located within a
reasonable distance of such a well.
1. In addition to the application requirements for a conditional use permit
pursuant to Chapter 17.64 of this code (Modifications, Conditional Use Permits,
Amendments and Appeals), an applicant shall also submit the following:
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
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a. 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 feet of the proposed well holes,
identification of the use of each structure, and distances between well holes and
existing buildings.
derrick.
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.
iii. Description of equipment to be used, including height of
iv. Distance to all existing buildings.
v. Phasing or development schedule.
c. A copy of the letter, other official documentation, or copy of
website search from CaIGEM containing the name and address of the operator
of record, if any, as shown in CaIGEM records as of thirty days prior to the date
the conditional use permit application is submitted to the planning department
or a written statement from CaIGEM that there is no party of record with CaIGEM
relative to the subject site.
d. Additional information may be required, as part of an application
for a conditional use permit, as provided in Chapter 17.64 of this code
(Modifications, Conditional Use Permits, Amendments and Appeals).
2. Notice of the public hearing shall be expanded to include property
owners within one thousand feet of the property line containing the well site
subject of the hearing and the operator of record as shown in CaIGEM records as
of thirty days of the date of application for a conditional use permit.
3. If a producing well or service well is not commenced upon land subject
to the terms 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,
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
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where operations were commenced while said permit was otherwise in effect.
Continuous operations are operations suspended not more than thirty
consecutive days.
4. Any permit issued pursuant to the provisions of this subsection may be
revoked or modified pursuant to Section 17.64.060(1).
D. The owner or operator of any well permitted by this chapter shall provide the
director of prevention services, or designee, a copy of the written notice to the
D.O.G.G.R. of the sale, assignment, transfer, conveyance, or exchange by the
owner or operator of the well within thirty days after the sale, assignment, transfer,
conveyance, or exchange. In addition, the owner or operator shall also
acknowledge that they have notified the new owner or operator of all existing
terms and conditions of the city's permit.
E. Modification to any standards in this chapter may be approved by the
planning director pursuant to the provisions of Chapter 17.64 of this code.
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
subsection A of this section has changed.
G. The director of prevention services, or designee, may, in writing, suspend or
revoke a permit issued under the provisions of this chapter whenever the permit is
issued in error on the basis of incorrect information supplied by the applicant
which results in there being a violation of any ordinance or regulation or any of
the provisions of this chapter.
H. Any city official or employee, for the purpose of reviewing a permit
application, transfer of operation/ownership, complaint, compliance or any other
investigation pursuant to the chapter, shall have the right to enter upon the
premises for inspection provided they give prior notice of such to the operator.
I. Well sites and production operations established prior to September 19, 1992,
may continue to operate pursuant to permits issued for them, and shall be exempt
from the new provisions of this chapter. However, significant changes or
modifications that necessitate new permits as required by the director of
prevention services, or designee, or the planning director, shall be required to
comply with the provisions of this chapter or obtain modifications as permitted in
subsection E of this section.
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
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J. The city may impose fees to offset the costs associated with permit processing
and condition monitoring pursuant to Chapter 3.70 of this code.
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. Geological Energy Management Division;
2. City of Bakersfield fire department;
3. Kern County health department;
4. Regional Water Quality Control Board;
5. San Joaquin Valley Unified Air Pollution Control District.
SECTION 3.
Section 15.66.040 of the Bakersfield Municipal Code are hereby amended
to read as follows:
15.66.040 Well site development standards.
A. Class 3 Permits —Development Standards.
1. Setbacks. No petroleum well shall be drilled nor shall any storage tank and
other production related structures be located within:
a. Seventy-five feet of the right-of-way of any dedicated public street, highway,
railroad or private street, or adopted specific plan line of any street or highway;
b. One hundred feet of any building including dwellings, except buildings
incidental to the operation of the well;
c. Three hundred feet of any public assembly as defined in this chapter;
d. Twenty-five feet of a storage tank or boilers, fired heaters, open flame devices
or other sources of ignition pursuant to the U.F.C.
2. Fire Safety. All drilling and production activities shall be subject to all fire and
safety regulations as required by the director of prevention services, or designee,
pursuant to the U.F.C. Blowouts, fires, explosions and other life threatening or
environmental emergencies shall be reported immediately to the director of
prevention services, or designee, and CaIGEM.
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
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3. Geologic Energy Management Division. All drilling and production operations
shall be subject to all regulations of the CaIGEM.
4. Production Operations. For producing sites, only storage of hydrocarbon
production, vapor recovery on storage vessels, dehydration and separation of
produced hydrocarbon products and other processes associated with
production are permitted unless otherwise required by the CaIGEM-All derricks,
boilers, and other drilling equipment employed, pursuant to the provisions of this
chapter, to drill any well hole or to repair, clean out, deepen, or redrill any
completed well shall be removed within ninety days after completion of
production tests following completion of such drilling or after abandonment of
any well, unless such derricks, boilers, and drilling equipment are to be used within
a reasonable time, as determined by the director of prevention services, or
designee, for the drilling of another approved well(s) on the premises.
5. Signs. Signs relating to drilling and/or production operations shall be limited to
directional and warning signs, and signs for identification of wells and facilities as
required by the U.F.C. and CaIGEM to ensure employee and public safety. Signs
not related to said operations shall be subject to the provisions of Chapter 17.60.
6. Sanitary Facilities. Sanitary toilet and washing facilities shall be installed and
maintained at any well site and/or production operation where personnel are
stationed pursuant to the Kern County health department.
7. Equipment Storage. There shall be no storage at the well site of material,
equipment, machinery or vehicles which is not intended for prompt use in
connection with petroleum operations. Any equipment or machinery not used for
a consecutive period of more than sixty days shall be removed from the site unless
a longer period is approved by the director of prevention services, or designee,
or the zone district in which it is located permits such storage.
8. Derricks. Drilling derricks, if idle for a consecutive period of more than sixty days,
shall be lowered and removed from the site unless a longer period is approved
by the director of prevention services, or designee. Any derrick used for servicing
operations shall be of the portable type, unless proof is provided that the well is of
such depth or has some other characteristics such that a portable type derrick
will not properly service such well. In that instance, the director of prevention
services, or designee, may approve the use of a standard type of derrick.
9. Grading and Drainage. Unless otherwise required by the State Department of
Fish and Game or the U.S. Fish and Wildlife Service for those areas that they deem
environmentally sensitive, well sites, including vehicle parking and maneuvering
areas, shall be graded in a manner so that ponding will not occur. Within ninety
days after any well has been placed in production, or after its abandonment,
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
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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 aggregate base, treated
with a dust binder, or other method approved by the director of prevention
services, or designee. The Regional Water Quality Control Board may have some
jurisdiction relative to drainage and water quality.
10. Waste. Drainage containing drilling muds, cuttings, wastewater, waste oil,
grease and other oilfield wastes found to be hazardous associated with drilling
and/or production including servicing, shall not be discharged into or upon any
streets, canals, storm drains or flood control channels. These wastes shall be
contained in leak -proof containers, lined earthen sumps or other method as
approved by the State Regional Water Quality Control Board, to prevent
contamination of potable groundwater supplies. Waste areas shall be cleaned
at intervals as required by the director of prevention services, or designee, with all
wastes disposed of at an appropriate authorized disposal site as regulated by the
state of California.
Facilities for disposal of nonhazardous oilfield liquid waste, production water and
USEPA Class II wastes are considered an accessory facility only if the facility
complies with the following:
a. The nonhazardous oilfield liquid waste or production water is produced and
disposed of within the same designated oilfield; or
b. The nonhazardous oilfield liquid waste or production water disposed of outside
the designated oilfield of origin is produced by and disposed of solely and only
by the same individual, corporation, or entity.
11. Light and Glare. Lighting shall be limited to that necessary for safety and
security purposes and shall be directed away from adjacent properties and road
rights -of -way. All flares shall be shielded from adjacent properties and road rights -
of -way.
12. Blowouts. Protection against blowouts shall be provided in accordance with
the CaIGEM and U.F.C.
13. Storage Tanks. Storage tanks shall be in accordance with the CaIGEM and
U.F.C. Whenever oil or gas is produced into and shipped from tanks located on
the premises, such tanks, whenever located within five hundred feet of any
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
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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 CaIGEM.
14. Height. The height of all pumping units, excluding derricks, shall not exceed a
height of thirty-five feet. All other structures shall be regulated by the zone district
in which they are located. All heights of structures shall comply with Part 77 of the
Federal Aviation Regulations of the Federal Aviation Administration, Department
of Transportation, or any corresponding rules or regulations of the Federal Aviation
Administration, as amended.
15. Site Condition. The well site and all associated structures shall be maintained
in a neat and clean condition at all times. Proven technological improvements
generally accepted and used in drilling and production methods shall be
employed as they become available if they are cost effective in reducing
nuisances or annoyances. Pumping units and storage tanks shall be painted.
Pumping wells shall be operated by electric motors or muffled internal
combustion engines.
16. Air Quality. Flaring, venting and odor control shall be subject to the
regulations of the San Joaquin Unified Air Pollution Control District, CaIGEM and
U.F.C.
17. Building Permits. Building permits, as required by the city building official, shall
be secured for all permanent structures to be used in connection with the
production and processing of hydrocarbon or related substances in
conformance with the Building Code. Electrical permits shall be required for all
electrical connections for drilling and/or pumping units if electrical motors are
utilized.
18. Vibration. Vibration from equipment shall not create a nuisance or hazard to
nearby land uses.
19. Site Restoration. Site restoration shall commence within ninety days upon
completion of all drilling and/or production activities or upon abandonment of
the well site. Well abandonment will be conducted in accordance with the
regulations of the CaIGEM before final abandonment, all drilling/production
equipment shall be removed from the site. Fences shall be dismantled, all signage
removed, and the site regraded so as to break up impermeable surfaces and fill
in all sumps to restore the site as nearly as practicable to a uniform grade.
Temporary earthen sumps may be used for clean -out or remedial work on an
existing well or other production facility. However, these sumps shall be filled and
the site restored as nearly as practicable to a uniform grade within ninety days
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
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after the clean -out or other remedial work is completed. The Regional Water
Quality Control Board also has additional jurisdiction over sumps. Prior to filling of
sumps, all waste shall be cleaned and disposed of at an appropriate authorized
disposal site as regulated by the state of California. Waste cleanup shall be to the
satisfaction of the Kern County department of environmental health. The site shall
be restored to the surrounding condition, or to the satisfaction of the State
Department of Fish and Game or U.S. Fish and Wildlife Service for those areas that
they deem environmentally sensitive. Site restoration activities shall be completed
within ninety days of commencement. Failure of permittee to comply with the site
restoration within a period of ninety days following the termination of any oil or
gas exploration activity or the abandonment of an existing well shall be called to
the attention of the permittee by a registered letter addressed to permittee at the
permittees address as shown on the permit application. If, at the end of thirty days
after mailing of such letter no steps have been taken to comply with said
provisions of this section, the city shall proceed to effect said restoration. Permittee
shall be liable for all costs incurred by the city and no additional permit shall be
issued a permittee until payment of all such costs has been made.
20. Floodplain Development. The director of prevention services, or designee,
shall coordinate with the city building official to ensure wells drilled in the primary
or secondary floodplain are consistent with the 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.
21. Vehicles. All vehicle parking and maneuvering areas shall be treated and
maintained with oiled sand or a similar dust binding material consistent with
regulations of the local air pollution control agency.
22. Fencing. Permanent chain -link fencing a minimum of six feet, but not to
exceed eight feet in height with solid screening, shall be installed encompassing
the entire well site as approved by the director of prevention services, or
designee. At least three strands of barbed wire shall be mounted on top of the
fence. This fence shall be constructed of chain link with wood or metal slats or
other screening materials as may be approved by the director of prevention
services, or designee. This fencing and screening requirement shall apply only to
those pump sites located within five hundred feet of any dwelling or in an OS
(open space) zone. Such fencing shall comply with the requirements of the
CaIGEM. The front yard and side yard setbacks of the zone district in which it is
located shall regulate the location of fencing.
B. Class 2 Permits —Development Standards.
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
to Drill for and Production of Petroleum gAKF,9
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1. Class 3 Requirements. In addition to the following development standards,
Class 3 permit development standards set forth in subsection A of this section shall
apply to all Class 2 permits.
2. Off -Site Improvements. Where adjacent properties are similarly improved,
within one hundred eighty days of commencement of commercial production or
one year from the completion of drilling of any well on the well site, off -site
improvements including street paving, curbs, gutters, sidewalks, and related
dedications for such improvements shall be completed in accordance with the
requirements of the city public works director.
3. Noise. Noise levels from any drilling and/or production operation shall not
exceed sixty-five dBA CNEL at the property line of a noise sensitive receptor,
except in a case of emergency. Exterior noise levels generated by drilling,
redrilling, or production operations shall be monitored as required by the city
building official to ensure conformance to the noise level standards. The costs of
such monitoring shall be borne by the operator conducting such operation.
Records of the results of monitoring shall be maintained and provided to the city
building official upon request.
4. Pipelines. Pipelines utilized for all petroleum related operations shall be buried
a minimum of three feet below grade.
C. Class I Permits —Development Standards.
1. Class 3 Requirements. In addition to the following development standards,
Class 3 permit development standards set forth in subsection A of this section shall
apply to all Class 1 permits.
2. Fencing. A solid masonry wall a minimum of six feet, but not to exceed eight
feet in height of a color approved by the decision -making authority consistent
with adjacent or nearby development, shall be installed encompassing the entire
well site. Any additional fencing required by the CaIGEM shall be inside the area
enclosed by the wall. The front yard and side yard setbacks of the zone district in
which it is located shall regulate the location of the wall.
3. Landscaping. Landscaping shall be required along all street frontages of the
well site and around well site pursuant to Chapter 17.61 as required by the
decision -making authority under the approved conditional use permit.
Landscape and irrigation plans shall be submitted for approval to the decision -
making authority. Landscaping shall be designed to camouflage the full height
of petroleum related structures, with the exception of derricks, and create an
aesthetically pleasing environment managed in a healthy condition.
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
to Drill for and Production of Petroleum
-- Page 14 of 18 Pages --
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4. Off -Site Improvements. Where adjacent properties are similarly improved,
within one hundred eighty days of commencement of commercial production or
one year from the completion of drilling of any well on the well site, off -site
improvements including street paving, curbs, gutters, sidewalks, and related
dedications for such improvements shall be completed in accordance with the
requirements of the city public works director.
5. Vehicle Routes. Vehicles associated with drilling and/or production in excess
of three tons shall be restricted to those public roads specified by the city public
works director.
6. Work Hours. Truck deliveries of equipment and materials associated with drilling
and/or production, well servicing, site preparation, and other related work
conducted on the well site shall be limited to between the hours of seven a.m.
and six p.m. Monday through Saturday, and prohibited on Sunday and all legal
holidays, except in cases of fires, blowouts, explosions and other emergencies
where the director of prevention services, or designee, and CaIGEM were
notified. Drilling activities shall be permitted twenty-four hours a day.
7. Noise. No drilling, producing, or other operations (including workover
operations) shall produce noise at the property line of a noise sensitive receptor
in excess of the following standards, with respect to these basic reference levels:
Basic Reference Levels
7:00 a.m. to 10:00 p.m. 55 dBA
10:00 p.m. to 7:00 a.m. 50 dBA
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 planning director.
b. All parts of a derrick above the derrick floor including the elevated portion
thereof used as a hoist, shall be enclosed with fire -resistive soundproofing
material. Such soundproofing shall comply with accepted A.P.I. standards and
shall be subject to fire department regulations. All doors and similar openings shall
be kept closed during drilling operations, except for ingress and egress and
necessary logging, testing and well completion operations. Alternative materials
or methods of soundproofing may be used, provided that such alternative has
been approved by the decision -making authority. The decision -making authority
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
to Drill for and Production of Petroleum
-- Page 15 of 18 Pages --
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may approve any such alternative if they find that the proposed material and
method have equal sound proofing properties and fire resistive qualities to the
aforesaid specifications. Either may require the submission of evidence to
substantiate any claims that may be made regarding the use of such alternative.
8. Pipelines. Pipelines utilized for all petroleum related operations shall be buried
a minimum of three feet below grade.
SECTION 4.
Section 15.66.050 of the Bakersfield Municipal Code are hereby amended
to read as follows:
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
CaIGEM. 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.
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 CaIGEM unless operations are
resumed or that the operator provides verification that the well is under the
CaIGEM's idle well program. If there is no response to said notice within ninety
days of the receipt of the notice, or the extension of time expires, the director of
prevention services, or designee, shall request the CaIGEM to commence
abandonment proceedings.
C. Deserted Wells. As defined in this chapter, the director of prevention
services, or designee, may request that the CaIGEM commence abandonment
proceedings.
SECTION 5.
Section 15.66.080 of the Bakersfield Municipal Code are hereby amended
to read as follows:
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
to Drill for and Production of Petroleum
-- Page 16 of 18 Pages --
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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 five hundred 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.
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 CaIGEM that the well was
properly abandoned pursuant to their regulations. Any well thereafter abandoned
shall also be accompanied by written verification from the CaIGEM. Development
shall be designed such that the city building official is satisfied that no structure will
be built within ten feet of any well that has been properly abandoned pursuant to
CaIGEM requirements. Any lot or parcel 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-foot 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 CaIGEM, 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. Drilling 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 net acres in size and have a minimum lot
frontage and width of three hundred five feet, configured so that the proposed
development and petroleum activities can be adequately buffered from one
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
to Drill for and Production of Petroleum gAKC9
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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 five
hundred 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 6.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
--------- 000----------
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
MAY 0 4 2022 by the following vote:
s/ ✓ V-1 s% ✓
AYES: COUNCILMEMBER ARIAS, GONZALES, WE41R, SMITH, , GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
BSENT: COUNCILMEMBER WIL V� U-Ma-0
ULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
APPROVED: MAY 0 4 2022 the Council of the City of Bakersfield
By
W Cow
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINI GENNAR CITY ATTORNEY
By
VIRIDI NA GALLARDO- G
Deputy City Attorney
VGK/vlg
S:\COUNCIL\Ords\21-22\15.66.020, 15.66.030, etc., DrillPetroleum(CaIGEM)Ord.final.docx
Ordinance Amending Sections 15.66.020, 15,66.030, 15.66.040, 15.66.050 and 15.66.080 Relating
to Drill for and Production of Petroleum
-- Page 18 of 18 Pages --
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
JULIE DRIMAKIS, 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 6th day of May, 2022 she posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No. 5086, passed by the Bakersfield
City Council at a meeting held on the 4th day of May, 2022 and entitled:
ORDINANCE AMENDING SECTIONS 15.66.020, 15.66.030, 15.66.040, 15.66.050
AND 15.66.080 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
DRILLING FOR AND PRODUCTION OF PETROLEUM TO REFLECT THE NAME
CHANGE FROM THE DIVISION OF OIL AND GAS RESOURCES (D.O.G.G.R.) TO
THE GEOLOGIC ENERGY MANAGEMENT DIVISION (CALGEM) OF THE
DEPARTMENT OF CONSERVATION, STATE OF CALIFORNIA.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
/Llt�._..I .rG,DEPTUTt City Clerk
S ADOCUM ENT\FO RMS\AO P.ORD.wpd