HomeMy WebLinkAboutORD NO 3477ORDINANCE NO. 3477
AN ORDINANCE ADDING CHAFFER 15.66 TO TITLE 15,
AND AMENDING AND REPEALING ASSOCIATED
SECTIONS OF TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO DRILLING FOR AND
PRODUCTION OF PETROLEUM.
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 a proposal to add Chapter 15.66 to Title 15, and amend and repeal
associated sections of Title 17 relating to the drilling for and production of petroleum; and
WHEREAS, by Resolution No. 26-92 on May 7, 1992, the Planning
Commission recommended approval and adoption of an ordinance amending Titles 15 and
17 of the Municipal Code to approve said petroleum regulations and this Council has fully
considered the findings made by the Planning Commission as set forth in that Resolution;
and
WHEREAS, the Planning Commission, as a result of said hearing, did make
findings of fact which warranted a negative declaration of environmental impact and
adoption of said ordinance and the Council has considered said findings with all being true
and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption
of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution No. 107-
86 have been duly followed by city staff, the Planning Commission and this Council.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield, as follows:
1. The Negative Declaration is approved.
2. The Planning Commission findings as contained in Resolution No.
26-92 are adopted as the Council's own and the project is approved.
SECTION 1.
Chapter 15.66 of Title 15 is hereby added to the Bakersfield Municipal Code
to read as follows:
ORIGINAL
Chapter 15.66
DRILLING FOR AND PRODUCTION OF PETROLEUM
Sections:
15.66.010
15.66.020
15.66.030
15.66.040
15.66.050
15.66.060
15.66.070
15.66.080
Purpose.
Definitions.
Permits.
Well site development standards.
Abandoned and idle wells.
Pipelines (reserved).
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.
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 and Gas 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.
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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 Adjust~nent" 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 flamework, 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. has granted an extension of time
pursuant to their regulations. This definition does not apply to observation wells.
L. "Division of Oil and Gas" or "D.O.G." 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. Drilling includes all operations through the removal of the drilling
equipment from the drill site.
N. "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.
O. "Gas" means the gaseous components or vapors contained in or derived from
petroleum or natural gas.
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ORIGINAL
P. "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
between the structure and a line five feet from the structure.
Q. "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. under the provisions of the Public
Resources Code.
R. "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. but has not been abandoned or deserted
as defined in this code and by the D.O.G. This definition does not apply to observation
wells.
S. "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.
T. "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.
U. "Maintenance" or "Maintain" means the upgrading, repair, cleaning, upkeep
and replacement of parts of a structure where same does not alter or lessen the character,
strength, or stability of the structure.
V. "N.F.P.A." means the National Fire Protection Association.
W. 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.
X. An "Observation Well" is a well bore for the purpose of observing petroleum
reservoir characteristics, including but not limited to, temperature, saturation, pressu re, and
fluid movement, as recognized by the D.O.G.
Y. "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.
ORIGINAl
Z. "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.
AA. "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.
BB. "Production operation" means and includes all oil or gas recovery activities
following completion of drilling, redtilling or testing of a well.
CC. "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, workshop, entertainment, lodging, medical care, amusement,
drinking and dining, or awaiting transportation.
DD. "Redtilling" means any drilling operation, including deviation from original
well bore, to recomplete the well in the same or different geologic zone, excluding
sidetracking.
EE. "Remedial" means any work on a well, other than drilling or redtilling.
FF. "Sidetracking" means drilling, excluding substantial deviation from the original
well bore to recomplete a well in the same or different geologic zone.
GG. "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.
HH. "Tank" means a structure or container 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.
II. "Uniform Building Code" or "U.B.C." means the most recent edition of the
Uniform Building Code as adopted by the City of Bakersfield.
JJ. "Uniform Fire Code" or "U.F.C." means the most recent edition of the
Uniform Fire Code as adopted by the City of Bakersfield.
KK. "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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ORIGINAl.
LL. "Well servicing" means and includes remedial or maintenance work or work
performed to maintain or improve production from an already producing facility.
MM. "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 redtilling
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. 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 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.I., 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., regardless of the
zone district or distance from dwellings or public assembly uses as
defined in this chapter.
ORIGINAL
(i)
(ii)
(iii)
(iv)
Kern River Oil Field (D.O.G. Map 457).
Kern Bluff Oil Field (D.O.G. Map 439).
Portion of the Fruitvale Oil Field encompassing Section 27,
T29S, R27E, north of the Cross Valley Canal (D.O.G. Map
435).
Portion of the Canfield Ranch Oil Field encompassing the west
three quarters of Sections 13 and 24, T30S,R26E, (D.O.G. Map
413). No well site and/or production operation proposed after
December 31, 1999, shall automatically be considered Class 3,
but shall be evalauted with respect to all class criteria in
Section 15.66.030(A) in order to determine the appropriate
permit class and subsequent development standards.
B. Well sites and/or production operations shall be prohibited in the following
areas in the city:
Primary floodplain of the Kern River, except that area located
within the state approved boundary of the Kern River oil field
as delineated on Map 457 of the D.O.G.
C. Applications for drilling/production permits shall be made in writing to the
Fire Marshal on such forms as provided by the Fire Marshal. 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. 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. Any conditions required under the conditional use permit shall be in addition to
those imposed by this chapter for a Class 1 permit. 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.
D. The owner or operator of any well permitted by this chapter, shall provide the
Fire Marshal a copy of the written notice to the D.O.G. 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 shall be approved by the B.Z.A.
pursuant to the provisions of Chapter 17.64.
F. Every permit issued by the Fire Marshal 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.
ORIGINAL
G. The Fire Marshal 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, well sites and production operations established prior to September 19,
1992, shall be exempt from the provisions of this chapter. However, significant changes or
modifications that necessitate new permits as required by the Fire Marshal or BZA, 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.
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:
(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 Fire Marshal pursuant to the U.F.C.
Blowouts, fires, explosions and other life threatening or environmental
emergencies shall be reported immediately to the Fire Marshal and D.O.G.
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ORIGINAL
10.
Division of Oil and Gas. All drilling and production operations shall
be subject to all regulations of the D.O.G.
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.
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. 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 Deparl~nent.
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 60 days shall be removed from the site
unless a longer period is approved by the Fire Marshal, or the zone district
in which it is located permits such storage.
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 Fire Marshal. Any derrick used for servicing operations shall
be of the portable type.
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. 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 ag-base, treated with a dust binder, or other method approved by
the Fire Marshal.
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
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ORIGINAL
1].
12.
13.
14.
15.
16.
17.
18.
19.
prevent contamination of potable groundwater supplies. Waste areas shall be
cleaned at intervals as required by the Fire Marshal, with all wastes disposed
of at an appropriate authorized disposal site as regulated by the State of
California.
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.
Blowouts. Protection against blowouts shall be provided in accordance with
the D.O.G. and U.F.C.
Storage Tanks. Storage tanks shall be in accordance with the D.O.G. and
U.F.C.
Height. 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.
Site Condition. The well site and all associated structures shall be maintained
in a neat and clean condition at all times. Pumping units and storage tanks
shall be painted.
Air Ouality. Flaring, venting and odor control shall be subject to the
regulations of the San Joaquin Unified Air Pollution Control District, D.O.G.
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. 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. Prior to filling of sumps, all waste shall be
cleaned and disposed of at an appropriate authorized disposal site as
10
ORIGINAL
20.
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 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 Fire Marshal 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.
Class 2 Permits - development standards:
Class 3 Requirements. Class 3 permit development standards set forth in
Section 15.66.040 (A) shall apply to all Class 2 permits.
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 Fire Marshal. At least
three strands of barbed wire shall be mounted on top of the fence. The front
yard setback of the zone district in which it is located shall regulate the
location of fencing.
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.
11
ORIGINAL
Noise. Noise levels from any drilling and/or production operation shall not
exceed 65 dB(A) at the property line of a noise sensitive receptor. Exterior
noise levels generated by drilling, redtilling, 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. Class 3 permit development standards set forth in
Section 15.66.040(A) shall apply to all Class 1 permits.
Fencing. 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. shall be inside the area enclosed
by the wall. The front yard setback of the zone district in which it is located
shall regulate the location of the wall.
Landscaping. 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.
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ORIGINAL
Work Hours. Truck deliveries of equipment and materials associated with
drilling and/or production, well servicing, site preparation, and other related
work conducted on the well site shall be limited to between the hours of 7
a.m. and 6 p.m. Monday through Saturday, and prohibited on Sunday and all
legal holidays, except in cases of fires, blowouts, explosions and other
emergencies where the Fire Marshal and D.O.G. 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-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 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.
13
ORIGINAL
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. 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 Fire
Marshal 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. unless operations
are resumed or that the operator provides verification that the well is under the D.O.G.'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 Fire Marshal shall request the D.O.G. to
commence abandonment proceedings.
C. Deserted wells. As defined in this chapter, the Fire Marshal may request that
the D.O.G. commence abandonment proceedings.
15.66.060 Pipelines (reserved).
15.66.070 Enforcement.
A. It shall be the duty of the Fire Marshal 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
Fire Marshal 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.
14
ORIGINAL
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. 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, said encumbrance shall be recorded concurrent 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 D.O.G. 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. 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. requirements. Any lot or parcel containing an
abandoned well shall be encumbered with a deed restriction specifying the exact location
of said well and prohibiting any construction within said 10 feet area. If a final map is
required, said encumbrance shall be recorded concurrent with the final map. The D.O.G.,
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 Islands. Lands may be reserved as part of a rezoning, subdivision or
other development for future drilling and/or production operations as drilling islands. Such
sites shall be no less than two (2) net acres in size, 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. 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.
15
ORIGINAL
SECTION 2.
Section 17.08.200 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.08.200 Drillina for and oroduction of petroleum.
Drilling, operation or maintenance of any well or well site for petroleum, natural gas
or related drilling, or operation or maintenance of any production operation, are allowed
in the city pursuant to the requirements of Chapter 15.66.
SECTION 3.
Section 17.42.070 G. is hereby added to the Bakersfield Municipal Code to
read as follows:
G. Drilling for and production of petroleum, 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.
SECTION 4.
Section 17.44.040 A. of the Bakersfield Municipal Code is hereby amended
to read as follows:
17.44.040 Uses oermitted subject to building director permit.
The following uses are permitted in a FP-S zone subject to a permit issued by the
building director:
A. Any use permitted under Section 17.42.040 subject to the regulations and
conditions as provided in this section.
SECTION 5.
Section 17.64.050 B.2. of the Bakersfield Municipal Code is hereby amended to read
as follows:
2. By mailing a notice, postage prepaid, to the applicant and to the owners of
all property within three hundred (300) feet of the exterior boundaries of the property
involved, using for this purpose the name and address of such owners as shown upon the
latest county assessment roll; notice of hearing upon each application for a conditional use
permit to allow drilling for and production of petroleum pursuant to Chapter 15.66, shall
be mailed to such owners of all property within one thousand (1,000) feet of the property
line containing the well site.
16
ORIGINAL
SECTION 6.
Section 17.06.050 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.06.050 Designation of zones.
The several classes of zones into which the city is divided are designated as follows:
R-1
E
RS
R-S-1A
RS-2.5A
R-S-5A
R-S-10A
R-2
R-3
R-4
RH
C-O
C-1
C-2
C-C
M-I
M-2
M-3
OS
RE
A
A-20A
P
CH
HOSP
D
FP-P
FP-S
TF
MH
PUD
PCD
SC
one family dwelling zone;
estate, one family dwelling zone;
residential suburban zone;
residential suburban (one-acre minimum lot size) zone;
residential suburban (two-and-one-half-acre minimum lot size) zone;
residential suburban (five-acre minimum lot size) zone;
residential suburban (ten-acre minimum lot size) zone;
limited multiple-family dwelling zone; (minimum lot area, two thousand
five hundred square feet per unit);
limited multiple-family dwelling zone; (minimum lot area, one
thousand two hundred fifty square feet per unit);
multiple-family dwelling zone; (minimum lot area, six hundred square
feet per unit);
residential holding zone;
professional and administrative office zone;
neighborhood commercial zone;
regional commercial zone;
commercial center zone;
light manufacturing zone;
general manufacturing zone;
heavy industrial zone;
open space zone;
recreation zone;
agricultural zone;
agricultural (twenty-acre minimum lot size) zone;
automobile parking zone;
church zone;
hospital zone;
architectural design zone;
architectural design zone;
airport approach zone;
floodplain primary zone;
floodplain secondary zone;
travel trailer park zone;
mobilehome zone;
planned unit development zone;
planned commercial development zone;
senior citizen zone.
17
ORIGINAL
SECTION 7.
The following sections of the Bakersfield Municipal Code are hereby repealed:
Chapter 17.46 (W Oil Well Zone)
Section 17.08.210 (Location Requirements - Required notification and
approval of work requiring derricks.)
Section 17.08.220 (Location Requirements - Work on wells near existing
uses.)
Section 17.08.230 (Location Requirements - Work on wells, testing holes and
water wells.)
Section 17.08.240 (Location Requirements - Location of human occupancy
uses - Application to Board of Zoning Adjustment.)
Section 17.08.250 (Location Requirements - Work on wells or testing holes
near uses subsequently erected, constructed or installed - Redtilling.)
Section 17.10.020 (H), with Subsections (I) and (J) relettered as Subsections
(H) and (I), respectively.
Section 17.19.020 (E), with Subsection (F) relettered as Subsection (E).
Section 17.42.040 (C) and (D).
Section 17.44.040 (A. 1-A. 16) and (B).
Section 17.66.020 (B)(11), with Subsection (B)(12) renumbered as (B)(11).
SECTION 8.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective thirty (30) days from and after the date of its passage.
18
ORIGINAL
i 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
AU~ ~ 6 ?992 , by the following vote:
AYES; COUNOLMEMBERS: EDWARDS. DeMONO. ~,.t~.~, BRUNNI. PETERSON. McDERMOTT. SALVAGGtO
NOES: COUNCiLMEMBERS: ,~'~'
ABSENT COUNCILME MB;E RS: ,~,¥t I-I-~
ABSTAIN: COUNCILMEMBERS ~'0 ~ ~'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED kO~ 2 6 1992
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATFORNEY of the City of Bakersfield
JE:pjt
p:oilwell
August 14, 1992
19
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
$S.
C~ROL WILLIAMS, 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 28th day of August , 19_92_ she
posted on the Bulletin Board at City Hall,
the following: Ordinance No. 3477
City Council at a meeting held on the 2~th
and entitled:
a full, true and correct copy of
, passed by the Bakersfield
day of August , 19 92,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Cl~rk ~