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Home My WebLink AboutORD NO 1747 ORDINANCE NO. 17_~NEW SERIES AN ORDINANCE AMEND~ON 17.36. 020 OF ,THE MUNICIPAL CODE OF THE CiTY OF BAKERSFIELD" TO PERMIT THE DRILLING AND' OPERATION OF OI.!, AND GAS WELLS IN "A" ZONES. =" WHEREAS, the Planning Commission. of the City of Bakersfield and the City Council of the City of Bakersfield hereby find that it is in the public interest to PerMit oil exploration and development in agricultural zones ("A" Zone) in the City of Bakersfield. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 17.36.020 Uses Permitted Subsection (F) is added to this section as follows: (F) Drilling for the production of oil and gas and other hydr'ocarbon substances and the installation and maintenance of necessary buildings, apparatus and appurtenances incident thereto, provided that all drilling including installation and operations shall conform to the following conditions: 1. No oil or gas well shall be drilled within one hundred (100) feet of any public street nor shall any be drilled within three hundred (300) feet of any residence constructed prior to the commencement of such drilling without the written consent of the owner thereof. In no case shall an oil or gas we-il'be 'drilled within (100) feet of'~ residential zone. 2. That all drilling and producing operations shall conform to all applicable building, .fire and safety regulations. Ail oil recovery operations, including the surface equipment and fixtures, shall be screened and protected by a"fencing device. (of either a portable or permanent character) which shall be ad~'quate, as approved by the Building Department, to prevent the entry of members of the public, into the immediate area where said recovery operati.ons are being .performed. Said.$1!i~'~ncing shall be adequate and sufficient to protect the general public from any hazard of the operation and shall be at least six (6) feet in height. Such fencing shall not be required if such well is located over thirteen hundred (1300) feet'from any residential area. For purposes of this provision a residential area is defined as an area comprised of twenty-five (25) or more 'dwellings. a. Ail vehicles of the permittee in excess of three (3) tons shall be restricted to the use of public roads specified by the Planning Commission. When any public roads are used other than State Highways, the permittee shall repair all damage to said roads caused by his operations. A route clearance shall be obtained from the Director of Public Works prior to moving such equipment within the City. b. Ail drilling and production operations shall be conducted in such a manner as to minimize dust, noise, vibration, or noxious fumes or odors and shall be in accordance with good and safe drilling and production practices and in accordance with applicable gc.vernment regulations. 3. That suitable and adequate sanitary toilet and washing..facilities, approved by the Kern County Health Department, shall be installed and maintained in a clean and sanitary condi- tion at all times. 4. Earthen sumps may be permitted by permits secured from 'the Building Department in conjunction with operations, only under the following conditions: a. Ail such ..earthen sumps shall be fenced with a chain link fence at least six (6) feet high or provision made and approved by the Building Department for full time 24-hour surveillance during the term of the existence of the sump. b. A chain link gate shall be installed a~d be equipped with locks and shall be kept locked at all times when unattended. 5. Upon the termination of any oil or gas explora- tion'ac'tivity pursuant to a permit issued herein, or the abandon- ment of any existing well or any other Well operating pursuant to a permit issued as provided herein, said abandoned well., well site, or drilling site shall be restored to its original condition prior to the commencement of said exploration or operatiom of said oil or gas well insofar as it is practicable to do so and in conformity with the following requirements: a. The derrick and all appurtenant equipment thereto shall be removed from the drill site. b. Ail tanks, towers and other surface installa- tions shall be removed from the drill site. c. Ail concrete, pipe, wood and other foreign materials shall be removed from the drill site to a depth of four (4) feet below grade, unless part of a multi-well cellar then being used in connection with any 'other well for which a permit has been issued. d. The oil well casing shall be cut off at a point not less than four (4) feet below the drill site grade at the cellar. .......... -.... e. At least the top ten (10) feet of the remaining casing Shall be filled with a cement plug. f. Ail oil, waste oil, refuse or waste material shall be removed from the drill site. Ail sumps and other holes and depressions created by permittee's operations shall be filled and packed with native earth. '~' The failure of permittee to comply with the provisions of this section relating to abandonment within a period of thirty (30) days following the termination of any oil or gas exploratipn activity or the abandonment of any existing well, shall be c~tled to the attention of said permittee by a letter addressed, to such person or persons at their last known address as shown by the records of the County Recorder of Kern County. If, at the end of thirty (30) days after proof of service of said letter has been received by the Building Department of the City of Bakersfield, no steps have been taken to comply with said provisions of this section, said Building Department will proceed to summarily effect the abandonment procedure itself. 6. A permit shall be secured from the Building Depart- ment prior to commencement of any oil or gas drilling operation to assure compliance with the provisions of this section and the permit shall not be valid until the permittee has posted a surety bond from an approved surety for the cleanup of the oil or gas drilling or recovery operation after its termination in the amount Two ~.housand Five Hundred Dollars ($2,500). for each single well or Twelve Thousand Five Hundred Dollars ($12~500) for each oil or gas drilling or recovery operation composed of more than five (5) wells. A building permit shall be secured for any per- manent structure to be used in connection with the production of oil and constructed on the drilling site, which structure shall conform to the City Building Code. A drilling permit shall not be construed to authorize any use requiring a special use permit under this title, other than drilling for and production only of oil and gas. Refineries, dehydration plants, absorption plants', tank farms and other uses not necessary to the production, ?. cleaning and shipping of oil at the well head shall not be con- sidered authorized by the drilling permit. 7. A permit fee shall be ~harged for handling each permit processed pursuant to this ordinance in the sum' of Twenty-Five Dollars ($25). ." 8. Drilling operations shall be.' commenced within ninety (90) days from the effective date of the permit or within such additional period as .the Planning Commissiod.'"may, for good cause, allow, and thereafter shall be prosecuted diligently to completion or else abandoned. If a producing well is not secured within one year, the well shall be abandoned. Upon application of the permittee, the Planning Commission for good cause,' may allow additional time for the completion of the well. Upon ex- piration of the drilling permit or the abandonment of any well or other facility, the premises shall be restored by the appli- cant' to the conditions existing prior to the issuance of said permit, as nearly as practicable so to do. 9. Each permit shall contain the following waiver agreement: "In case any portion of any property within the City of Bakersfield under lease by permittee for oil and gas or gas exploration and development purposes is within one hundred (100) feet of the center line of any public street and additional right-of-way is required for the reconstruction of any such street', the permittee agrees on behal~ of himself, the lessee or successors in interest, that all rights as to the surface and upper one hur, dred (100) feet of the subsurface as measured vertically downward from the surface of such required portion shall be waived'upon demand by thE: proper City, County, or State Department." The aforementioned waiver of ~hts shall not be required until after an agreement to convey to the City, County, or State, has been secured by the owner, including permittee if permittee b~ the owner, by such public agency, or said property has been acquired by condemnation by such public agency. The waiver provided for herein shall not be'construed so as to preclude permittee from demanding and receiving compensa- tion for'market value of facilities or improvements that may at the'time be located on or in said surface or subsurface.· 10. Any person holding a permit issued pursuant to this. ordinance shall provide the City Building Departmen·t with a copy of all notices given to the Division of Oil and Gas of the State of California at the same time such notices are Supplied to the Division. 11.· Ail drilling sites shall be fenced or landscaped as prescribed by the Planning Commission if determined necessary or desirable by the Commission in order to protect the public health, safety, comfort, convenience and general welfare. 12. No signs, other than directional and warning signs and those required for identification of the well, shall be con- structed, erected, maintained or placed on the premises of any drilling site or any part thereof except those required by law .or ordinance to be displayed in connection with the drilling or maintenance of the well. 13. Each p~rmit issued pursuant to this ordinance shall be for drilling of one (1) well only, and a separate drilling permit shall be required for each additional well, before surface · drilling and production operations of the'well shall be permitted, including all equipment and other appurtenances accessory thereto which shall be limited to a drilling site located and described on the permit form. No drilling or production equipment or appurtenances 6. accessory thereto shall be outside of said drilling site. Ail wells passing through or bottomed under R-l, R-2, R-3, R-4, C-0 and C-1 zones shall be below a depth of 500 feet. 14. Ail operations under the permit shall conform in all respects to the regulations and requirements of the California State Regional Water Pollution Control Board and other valid and applicable regulations. The water supply of the City of Bakers- field shall not be depleted, polluted or contaminated by any operations of the applicant or his successors in interest. 1.5. Ail installations of whatever kind or nature and establishment thereof shall meet all reasonable regulations of the Fire Department and ordinances of the City. Permittee shall at all times use all necessary caution to prevent the occurrence of fire, explosion and blow-out of wells. Pe~,Imittee shall at the drilling site, install and maintain in good condition standard effective equipment for the prevention, control and extinction of fire, explosion, and blow-out of wells. Blow-out prevention equipment shall have both driller's and outside controls and shall be tested daily. 16. Ail drilling and production equipment shall be constructed and operated so as not to constitute a public nuisance and the site or structures thereon shall not be permitted to be- come dilapidated, unsightly or unsafe. Proven technological im- provements in. methods of drilling and production shall be adopted as they, from time to time, become available if capable of reducing factors of nuisance or annoyance. 17. At all times, City Officials shall be permitted to review and inspect drilling site operations and disposal of waste. · 'RecUr'ds 0~"'~he permittee shall be open t°. inspecti~n~-by 'aU'th0r'iZ~d City Officials. SECTION 2.. This Ordinance shall become effective thirty (30) days from and after the date of its passage. -0o- 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 the 5th day of August, 1968, by the following vote: t ?~! C'O:7"ICILI. tEN I IEI.SEY, HOSKIN~, REMS, ~ ADSENT .......... COU|,'GILM~N:'----Z ' '"?~'./'"' ~'~-'~' -"",: ~ . ,~.... ,~...A--,~ -- &BST~INING ¢OUNCILId[N-" 'm., CITY CLERK and Ex-Off~icio Clerk of the Council of the City of Bakersfield APPROVED this 5th day of August, 1968 Kenneth W. Hoa~land City Attorney Aff avi! of os ing ( r inan es STATE OF CALIFORNIA, ~ County of Kern ~ ss. I~L~RI~ S. IRVIN, 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 ............ .t...h...e....6_.t..h...._d..a.y.....o...f.....A..u..~.u..s...t.., ................. 19...6...8.. she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ...... .t~I~._5.~;Jl...CLay....Q~...AUgLtS./; ..... 19../i/t, which ordinance was numbered ............. .1...7...4..7.. ................ New Series, and entitled: AN ORDINANCE AMENDING SECTION 17.36.020 OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD TO PERMIT THE DRILLING AND OPERATION OF OIL AND GAS WELLS IN "A" ZONES. Subscribed and sworn to before me this ...6...t...h.....day of Au//us t ~ ,19 6.~ , .,~-,~¥~'(~'c'~'~'~ ................ .................................... o . $~TH ~ ~ ... .~r?- ¥ .~UJ~'LI~'u ' ~5.~/~ ~... co,J.~ ......... . ~.¥~.'~'~?/ ..... ........... WAL~ ER W. SMITH My Commission Expires June