97.1.1 DEFINITIONS.
(Amended by O-2364; O-2477; O-2521; O-2830)
For the purpose of this Chapter, certain words are defined as follows:
a) Deepen means any extension of existing well bore below its existing depth.
b) Derrick means any permanent or stationary structure or facility placed over an oil well for the purpose of raising or lowering pipe, casing, tubing or other drilling and producing equipment into or out of such oil well.
c) Drill means to sink, bore or otherwise create a hole in the earth, whether or not the same is completed as a well, or to work upon or any way assist in such drilling, but does not include any operations performed in or in connection with such well from and after the completion thereof as a producing well.
d) Guy line or wind guy line means a wire rope attached to a derrick or portable mast and to a fixed anchor at or near ground level for the purpose of stabilizing the derrick or mast.
e) Maintenance means any operation associated with or required to keep an existing well producing, the repairing of existing equipment, well pulling, cleaning out operations, plugging back and gravel packing, but does not include redrilling or deepening.
f) Oil Well means any bore, hole or well which is drilled, sunk or bored for the purpose of determining the existence of, or removing, or reintroducing into the ground any oil or gas; or to be used in any way as an accessory to the production of oil or gas, including but not limited to the injection or disposal of water; but excluding any well drilled solely for the production of fresh water.
g) Oil well equipment means all surface facilities used in the production of oil or gas, including but not limited to pumping units, motor, tanks, oil and gas separators, heater-treaters, shipping pumps, electrical facilities, water knock outs, meter and gauging installations, compressors, vacuum pumps and chemical treating facilities.
h) Operator means any person drilling, maintaining, operating, pumping or in control of any oil well. However, if the operator as herein defined is different from the lessee under an oil and gas lease of any premises affected by the provisions of this Chapter, then such lessee shall also be deemed to be an operator. In the event that there is no oil and gas lease relating to any premises affected by this Chapter, then the owner of the fee estate in the premises shall also be deemed an operator.
(O-1203; O-2477)
i) Outrigger means a stiff-legged mechanical device used to create a wider base for a portable mast.
j) Owner means the owner of the right to drill for and extract oil, gas or other hydrocarbon substances.
(O-1203)
k) Portable mast means any jack knife, gin pole, cantilever, telescope or other portable structure designed for lowering or raising piping, casing, tubing or other drilling and producing equipment into or out of an oil well.
l) Processing includes the use of facilities for gauging, recycling, compression, repressuring, injection, reinjection, dehydration, stimulation, separation (including liquids from gas), shipping and transportation of, and gathering from other sites of oil, gas and other hydrocarbon substances and water and combinations thereof.
m) Redrill means any drilling operation (including deviation from original well bore) to recomplete said well in the same or different zone.
n) Registered engineer means an engineer registered in the State of California and authorized by the laws of said State to perform the particular task or make the particular decision which the provisions of this Chapter require to be performed or made by a registered engineer.
o) Rework or repair means any work within an existing bore hole.
p) Sump means any excavation used or intended to be used for the purpose of storing hydrocarbon, aqueous saline or other production of an oil well.
97.1.2 DRILLING PROHIBITED.
(Amended by O-2364)
a) Notwithstanding a provision of this Code to the contrary, no person shall drill or redrill or deepen or cause to be drilled, redrilled or deepened any oil well in the City unless an exception, variance or drilling permit therefor has been granted in accordance with the provisions of this Chapter.
b) No person shall drill, redrill or deepen or cause to be drilled, redrilled or deepened any oil well which is bottomed or is to be bottomed in or under land located in the City from a surface location outside the City unless a drilling permit therefor has been granted in accordance with the provisions of Article 11 of this Chapter 7, the same as if such well were located in a Combining Oil District.
97.1.3 EXCEPTIONS.
(Added by O-2130; Amended by O-2194)
The City Council may grant an exception which will permit the drilling, redrilling or deepening of an oil well hole based on the criteria used for the granting of variances as set forth in Section 94.1.5. An application for an exception shall be made and processed in the manner applicable to variances delineated in Chapter 4 of this Division 9.
97.1.4 Repealed by O-2521.
97.1.5 NOTICES.
(Added by O-2530)
The operator of any oil well who is required to file any of the following written notices and applications with the State Division of Oil and Gas (DOG) under Division 3 of the State Public Resources Code shall file concurrently therewith, a duplicate thereof with the City Clerk:
a) Notice of Intention to Drill Well. DOG Form No. 105;
b) Notice of Intention to Redrill, Deepen, Plug or Alter Well, DOG Form No. 107;
c) Notice of Intention to Abandon Well, DOG Form No. 108;
d) Supplementary Notice to Redrill, Deepen, Plug or Alter Well, DOG Form No. 123;
e) Designation of Agent, DOG Form Nos. 134a and 134b;
f) Application for approval of proposed Unitization Agreement pursuant to Section 3642 of said Code;
g) Application for approval of proposed modification of an approved Unit Agreement pursuant to Section 3650 of said Code;
h) Application for approval of injection projects.
97.1.6 SUBSTITUTION OF ENVIRONMENTAL QUALITY COMMISSION FOR OIL BOARD.
(Added by O-276)
Whenever the words Oil Board appear in any Section in this Chapter 7 (the Oil Code) of Division 9 of the Torrance Municipal Code, it shall mean the Environmental Quality Commission. On and after January 15, 1978, the Environmental Quality Commission shall perform all the duties and have all the powers of the Oil Board as set forth in said Chapter 7.
97.2.1 DRILLING PROHIBITED.
Except as otherwise provided in this Chapter, it shall be unlawful to erect any derrick or drill any oil well hole, or to use or operate or maintain the same, or any portion thereof, in or upon any real property in the City.
97.2.2 LICENSE REQUIRED.
No person shall drill, cause to drilled, or commence to drill any oil well hole, or erect or cause to be erected any derrick, without having first obtained a license therefor from the License Inspector.
97.2.3 DRILLING ACCORDING TO LICENSE.
No person shall drill any oil well hole, or erect or cause to be erected any derrick, except as provided in such license.
97.2.4 APPLICATION.
Before issuing such license, the License Inspector shall require of the applicant:
a) The payment of the license tax, as required by Section 97.2.5. of this Article.
b) The execution of an application for a business license as required in Division 3 of this Code.
c) A map or plat of the real property on which the well is to be located.
d) A statement from the Planning Director that such use is not in violation of the zoning laws of the City.
e) A City building permit or a statement from the Director of Public Works that such permit is unnecessary.
f) Such other information as the License Inspector deems necessary or proper.
97.2.5 LICENSE TAX.
(Amended by O-1725; O-2202; O-2604)
See Section 33.13.1. in Division 3 of this Code.
97.2.6 CONDITIONS OF LICENSE.
Before issuing a license, in the cases where in the opinion of the License Inspector, the conduct of the proposed operations may constitute or create a hazard to life or property or be materially detrimental to property, the License Inspector may send the license application to the License Review Board. The License Review Board may impose such conditions thereon, in addition to those otherwise provided herein, as are reasonably necessary to prevent the proposed operations from being conducted in such a manner as to constitute or create a hazard to life or property or be materially detrimental to property. The applicant may appeal the decision of the License Review Board and the imposition of any such conditions to the City Council pursuant to the provisions contained in Article 5 of Chapter 1 of this Code.
97.2.7 REVOCATION OR SUSPENSION OF LICENSE.
The license may be revoked or suspended in the same manner and for the same reasons as provided for the revocation and suspension of licenses by the provisions of Division 3, Chapter 1, Article 9 of this Code.
97.3.1 BOND REQUIRED.
Except as provided in this Division, no license for the erection of any derrick or the drilling of any oil well hole shall be issued by the License Inspector or be valid or effective for any purpose, unless at the time of such issuance there is on file with the License Inspector and in full force and effect, in a form approved by the City Attorney, a cash bond or surety bond covering such derrick or the drilling of such oil well hole. Such bond shall name the City as obligee and shall be executed by the applicant as principal, and except for a cash bond, as surety by a corporation authorized to act as surety pursuant to the laws of the State.
97.3.2 CONDITIONS OF THE BOND.
The conditions of the bond shall be:
a) That the City be indemnified against any expense or liability resulting from the operation or use of the land and equipment for which the license is granted.
b) That upon cessation of operations or abandonment, the property be cleaned and made safe and the derrick, other equipment and sumps be removed.
c) That the licensee comply with all the laws of the City and all other applicable laws.
d) That the licensee comply with all the terms and conditions of the license to the reasonable satisfaction of the License Inspector.
e) Such other conditions as the City Attorney shall reasonably require incidental to the foregoing conditions.
97.3.3 AMOUNT OF BOND.
(Amended by O-2231)
The amount of the bond shall be Five Thousand Dollars ($5,000) for each well drilled, or, at the election of the licensee, Twenty-Five Thousand Dollars ($25,000) for five (5) or more wells.
97.3.4 TERMINATION OF BOND.
The bond shall be terminated:
a) Upon the licensee’s filing with the License Inspector a substitute bond in the principal sum required by this Chapter.
b) Upon the licensee’s filing with the License Inspector a request for release of the bond showing an abandonment of all operations for which the license was issued, or upon the revocation of such license, provided that all the conditions of the bond have been complied with to the reasonable satisfaction of the Director of Public Works and the City Council.
97.3.5 NOTICE OF ABANDONMENT.
Before abandoning any oil well hole, the licensee shall give written notice of intention to abandon to the License Inspector at the same time such notice is furnished to the State Division of Oil and Gas, or at least five (5) days prior to the abandonment, whichever is the first of such events to occur.
97.4.1 INTENT.
(Amended by O-2130; O-2194; O-2829)
It is the intent of this Article to establish a category of "Combining Oil Districts" in which present and future secondary recovery oil development in unit operations approved by the State Division of Oil and Gas and primary production oil operations approved by the City Council will be permitted under certain limitations for the purpose of making possible compatible residential, institutional, industrial and commercial development within the area included in such operations, and conserving oil and gas resources while permitting efficient exploitation thereof.
97.4.2 COMBINING OIL DISTRICTS ESTABLISHED.
(Amended by O-2130; O-2194; O-2829)
There are hereby established "Combining Oil Districts" designated "O1", "O2", "O3", "O4" and "O-5" (PP), which when shown on the Zoning Map of the City, in combination with a basic Zoning symbol, such as R-1, R-2, R-3, etc., the property so designated shall be subject to the provisions of such basic Oil Code of the City of Torrance, and the provisions hereinafter set forth.
97.4.3 DEFINITIONS.
For the purpose of this Article, the following words and phrases are defined:
a) "Processing" shall include the use of facilities for gauging, recycling, compression, repressuring, injection, reinjection, dehydration, stimulation, separation, (including liquids from gas), shipping and transportation of, and gathering from other sites of oil, gas and other hydrocarbon substances and water and combinations thereof.
b) "Rework or Repair" shall mean any work within an existing bore hole.
c) "Redrill" shall mean any drilling operation (including deviation from original well bore) to recomplete said well in the same or different zone.
d) "Deepen" shall mean any extension of existing well bore below its existing depth.
97.4.4 GENERAL PROVISIONS.
(Amended by O-2228; O-2705; O-2829)
The following general provisions shall apply to the O-1, O-2, O-3, O-4 and O-5 (PP) Combining Oil Districts:
a) Whenever a subdivision or development of property exists or is proposed within any Combining Oil District or known oil field, such subdivision or proposal shall include a plan of the disposition or treatment of any existing or future oil wells or operations on the property. Approval by the City of any such subdivision or proposal shall include a plan for oil operation. The lack of such plan shall be grounds for disapproval of any proposal. Any plan for the disposition or treatment of any oil operations shall include the written concurrence of the landowner or developer and lessee or oil operator. No building shall receive final inspection for occupancy and no public improvements shall be accepted until the plan for disposition or treatment of oil operation has been completed and approved.
b) No property within any Combining Oil District shall be used for an oil refinery and no sump holes shall be permitted on any site.
c) Reasonable fire fighting equipment, as required and approved by the City Fire Chief shall be maintained on the site at all times during drilling and production operations.
d) Suitable sanitary facilities shall be installed and maintained during drilling, redrilling or remedial operations.
e) All drilling mud, cuttings and other oil field waste shall be discharged into a steel tank or other receptacle. Upon completion of drilling, such tank or container and all waste material therein shall be removed from the site and the surface of the site restored to a clean and sanitary condition.
f) Within sixty (60) days after the drilling of each well has been completed and the well has been on production or abandoned, the derrick and all drilling equipment shall be entirely removed from the site unless such derrick and appurtenant equipment is to be used within such time for the drilling of another well on the same site.
g) Such sites and all private roads within or used for access to and from such site shall be suitably surfaced and maintained to minimize dust.
h) Any machinery used in the production and/or processing of substances within the site shall be designed and/or housed and operated so that noise, odor and vibration shall be limited to a minimum; noise to be limited to a level compatible with the ambient neighborhood noise level.
i) Prior to commencement of any operation on any parcel of land in any Combining Oil District, the operator shall comply with the requirements of the Division of Oil and Gas, State of California.
j) All installations, structures and facilities on an operation site shall be kept painted and in good condition and together with the ground area comprising such site shall be maintained in a clean, neat and sanitary condition.
k) Sites O-1, O-2 and O-3 may be used for the purpose of drilling, production, operation, stimulation, rework, repair and maintenance of the well or wells to be located thereon, including use of such wells for injection in connection with any secondary recovery program, and including the installation and use of equipment, structures, tools and other facilities incidental, necessary and accessory to such production operation, stimulation, rework, repair, maintenance and injection thereof.
l) No oil well or well used for the injection or reinjection of water or gas may be drilled, redrilled or deepened unless a Drilling Permit is issued therefor as provided in Article 11 of this Chapter 7.
97.4.5 Repealed by O-2130; O-2194.
97.4.6 "O1" COMBINING OIL DISTRICT.
The following provisions shall apply to the "O1" Combining Oil District:
a) Sites designated on the Zoning Map as "O1" shall not exceed eight (8) acres in size and shall constitute exclusive Controlled Oil Drilling, Producing, Processing and Shipping Tank Sites which may be used for the exclusive purpose of drilling wells for, and the production of oil, gas, other hydrocarbon substances including the installation and use of equipment, structures, tools and other facilities incidental, necessary and accessory to the drilling and production and processing of substances produced by such wells for shipment to pipe line.
b) That portion of site proposed for use shall be enclosed with a chain link fence or block wall having a minimum height of six (6) feet and equipped with solid gates of wall height, which gates shall be securely fastened at all times except when authorized personnel are in attendance at such site.
c) The drilling of any well shall not be conducted in such a manner as to cause excessive noise, odor and vibration and shall be conducted pursuant to one (1) of the following alternates:
1) Where drilling operations are conducted beyond a distance of three hundred (300) feet from occupied residential areas, no soundproofing will be required unless necessary to minimize excessive disturbance to such areas.
2) Where such drilling is conducted in areas in which disturbances to residential areas could reasonably be anticipated, the operator of such drilling operations shall either:
A) Enclose the derrick and all drilling machinery used in connection with the drilling of any well, with fire resistant soundproofing material, which shall be maintained in a serviceable condition and provided, further that no operations outside of said enclosure except for well logging shall be conducted between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day; or.
B) Enclose all drilling machinery used in connection with the drilling of any well with fire resistant soundproofing material and the portable drilling mast shall be so enclosed, at least on three (3) sides, to a height of twenty (20) feet, and provided further, that no drilling operations or any work in connection with such drilling operation shall be conducted between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day, except only that circulation of fluids and well logging may be continued during such time and in case of emergency, provided that notice of such emergency shall be given to the Chief of Police, or then Acting Chief of Police, of such necessity and emergency at the time such emergency arises.
d) All production shall be transported from any site by buried pipeline.
e) Except in case of emergency, no materials, equipment, tools, or pipe used for drilling operations, or drilling mud, cuttings, or oil field wastes resulting from such operations, shall be delivered to or moved from such site by trucks between the hours of 7:00 p.m. and 7:00 a.m., of the following day, provided that such delivery or removal of materials and equipment used in logging or testing shall be excepted from the provisions of this subsection.
97.4.7 "O2" COMBINING OIL DISTRICT.
The following provisions shall apply to the "O2" Combining Oil District:
a) Sites designated on the Zoning Map as "O2" shall not exceed five (5) acres in size and shall constitute Exclusive Controlled Oil Drilling and Producing Sites which may be used for the exclusive purpose of drilling wells for, and the production of oil, gas, other hydrocarbon substances including the installation and use of equipment, structures, tools and other facilities incidental, necessary and accessory to the drilling and production of substances produced by such wells for shipment to pipeline.
b) That portion of site proposed for use shall be enclosed with a chain link fence or block wall having a minimum height of six (6) feet and equipped with solid gates of wall height, which gates shall be securely fastened at all times except when authorized personnel are in attendance at such site.
c) The drilling of any well shall not be conducted in such a manner as to cause excessive noise, odor and vibration and shall be conducted pursuant to one of the following alternates:
1) Where drilling operations are conducted beyond a distance of three hundred (300) feet from occupied residential areas, no soundproofing will be required unless necessary to minimize excessive disturbance to such areas.
2) Where such drilling is conducted in areas in which disturbance to residential areas could reasonably be anticipated, the operator of such drilling operation shall either:
A) Enclose the derrick and all drilling machinery used in connection with the drilling of any well, with fire resistant soundproofing material, which shall be maintained in a serviceable condition and provided further that no operations outside of said enclosure except for well logging shall be conducted between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day, or.
B) Enclose all drilling machinery used in connection with the drilling of any well with fire resistant soundproofing material and the portable drilling mast shall be so enclosed, at least on three (3) sides, to a height of twenty (20) feet; and further provided, that no drilling operations or any work in connection with such drilling operation shall be conducted between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day, except only that circulation of fluids and well logging may be continued during such time and in case of emergency, provided that notice of such emergency shall be given to the Chief of Police, or then Acting Chief of Police of such necessity and emergency at the time such emergency arises.
d) All production shall be transported from any site by buried pipeline.
e) Except in case of emergency, no materials, equipment, tools or pipe used for drilling operations, or drilling mud, cuttings or oil field wastes resulting from such operations, shall be delivered to or removed from such site by trucks between the hours of 7:00 p.m. of one day and 7:00 a.m. of the following day, provided that such delivery or removal of materials and equipment used in logging or testing shall be excepted from the provisions of this subsection.
97.4.8 "O3" COMBINING OIL DISTRICT.
The following provisions shall apply to the "O3" Combining Oil District:
a) Sites designated on the Zoning Map as "O3" shall constitute Exclusive Producing and Replacement Well Drilling Sites which may be used for the exclusive purposes of production from existing wells or replacing such wells provided, however, no new wells shall be drilled therefrom other than wells to replace or redrill existing wells which said wells may be drilled to the same or to any other geologic horizon.
b) All oil production other than required for drilling and production operations shall be transported from any such site by buried pipeline.
c) The drilling of any well shall not be conducted in such a manner as to cause excessive noise, odor and vibration and shall be conducted pursuant to one of the following alternates:
1) Where drilling operations are conducted beyond a distance of three hundred (300) feet from occupied residential areas, no soundproofing will be required unless necessary to minimize excessive disturbances to such areas.
2) Where such drilling is conducted in areas in which disturbances to residential areas could reasonably be anticipated, the operator of such drilling operation shall either:
A) Enclose the derrick and all drilling machinery used in connection with the drilling of any well, with fire resistant soundproofing material, which shall be maintained in a serviceable condition and provided further that no operations outside of said enclosure except for well logging shall be conducted between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day; or
B) Enclose all drilling machinery used in connection with the drilling of any well with fire resistant soundproofing material and the portable drilling mast shall be so enclosed, at least on three (3) sides, to a height of twenty (20) feet, and provided further, that no drilling operations or any work in connection with such drilling operation shall be conducted between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day, except only that circulation of fluids and well logging may be continued during such time and in case of emergency, provided that notice of such emergency shall be given to the Chief of Police, or then Acting Chief of Police of such necessity and emergency at the time such emergency arises.
d) No permanent tanks, gauging (other than in-line meters and temporary meter provers) or other permanent shipping facilities shall be permitted on such site.
e) Portable equipment shall be used in all remedial, rework or maintenance work and shall be removed from this site upon completion of such work.
f) All remedial, rework or maintenance work conducted on the existing well or site shall, except in the case of necessity or emergency, be conducted between the hours of 7:00 a.m. of one day and 7:00 p.m. of the same day.
g) Site or production equipment having external moving parts hazardous to life or limb shall be enclosed with adequate type fence or screen sufficient to prevent unauthorized access thereto and shall have a minimum height of six (6) feet. Fence gates shall be placed at nonhazardous locations and shall be locked at all times when unattended.
h) Except in case of emergency, no materials, equipment, tools or pipe used for drilling operations, or drilling mud, cutting or oil field wastes resulting from such operations, shall be delivered to or removed from such site by truck between the hours of 7:00 p.m. of one day and 7:00 a.m. of the following day, provided that such delivery or removal of materials and equipment used in logging or testing shall be excepted from the provisions of this subsection.
97.4.9 "O4" COMBINING OIL DISTRICT.
The following provisions shall apply to the "O4" Combining Oil District:
a) Areas designated on the Zoning Map as "O4" shall constitute producing areas which may be used for the exclusive purpose of production, operation stimulation, rework, repair and maintenance of the existing well or well located thereon, including use of such wells for injection in connection with any secondary recovery program, and including the installation and use of equipment, structures, tools, and other facilities incidental, necessary and accessory to such production operation, stimulation, rework, repair, maintenance and injection thereof. The uses permitted to such "O4" sites shall be subject to the following conditions and limitations:
1) No new wells shall be drilled thereon or therefrom, nor shall existing wells be redrilled or deepened.
2) No permanent tanks, gauging (other than in-line meters and temporary meter provers) or other permanent shipping facilities shall be permitted on such site.
3) Portable equipment shall be used in all remedial, rework or maintenance work and shall be removed from this site upon completion of such work.
97.4.10 "O-5" COMBINING OIL DISTRICT.
(Added by O-2829)
The following provisions shall apply to the O-5 (PP) Combining Oil District:
a) Sites designated on the Zoning Map as O-5 (PP) shall not be less than one-half acre in size and constitute exclusive controlled oil drilling, processing and shipping tank sites for primary oil production which may be used for the exclusive purpose of drilling wells for, and the production of oil, gas, other hydrocarbon substances including the installation and use of equipment, structures, tools and other facilities incidental, necessary and accessory to the drilling and production and processing of substances produced by such wells for shipment to pipeline.
b) The drilling of any well shall not be conducted in such a manner as to cause excessive noise, odor and vibration and shall be conducted pursuant to one (1) of the following alternates:
1) Where drilling operations are conducted beyond a distance of three hundred (300) feet from occupied residential areas, no soundproofing will be required unless necessary to minimize excessive disturbance to such areas.
2) Where such drilling is conducted in areas in which disturbances to residential areas could reasonably be anticipated, the operator of such drilling operations shall either:
A) Enclose the derrick and all drilling machinery used in connection with the drilling of any well, with fire resistant soundproofing material, which shall be maintained in a serviceable condition and provided further that no operations outside of said enclosure except for well logging shall be conducted between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day; or
B) Enclose all drilling machinery used in connection with the drilling of any well with fire resistant soundproofing material and the portable drilling mast shall be so enclosed at least on three (3) sides, to a height of twenty (20) feet, and provided further, that no drilling operations of any work in connection with such drilling operation shall be conducted between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day, except only that circulation of fluids and well logging may be continued during such time and in case of emergency, provided that notice of such emergency shall be given to the Chief of Police, or then Acting Chief of Police, of such necessity and emergency at the time such emergency arises.
c) Subject to the provisions of subsections 2) and 3) of this subjection c):
1) All production shall be transported from any site by buried pipeline.
2) The Environmental Quality Commission may grant a waiver of said requirement and allow transportation of the production by tank truck in any case where the oil operator has proved to the reasonable satisfaction of the Commission that it is impracticable and an unreasonable hardship on the oil operator to comply with said requirement. Such waiver may be granted at the hearing on an application for a drilling permit for a well to be drilled on such site. Such waiver shall be granted only for the period of testing, not to exceed six (6) months, to determine if such well is capable of producing oil or gas in commercial quantities. In making such determination, the Commission shall consider, among other factors, the compatibility of the land uses in the neighborhood of such site with transportation of production by tank truck, the probable frequency and times of such tank truck movements, and the cost of constructing such pipeline.
3) The Planning Commission may grant a variance from said requirement during the period, or any part thereof, that such a well is on production in accordance with the provisions of Article 1, Chapter 4, Division 9 of the Torrance Municipal Code (Section 94.1.1. et seq.) and, in addition, the criteria for a waiver set forth in subsection 2)
d) Except in case of emergency, no materials, equipment, tools, or pipe used for drilling operations, or drilling mud, cuttings, or oil field wastes resulting from such operations, shall be delivered to or moved from such site by trucks between the hours of 7:00 p.m. and 7:30 a.m., of the following day, provided that such delivery or removal of materials and equipment used in logging or testing shall be excepted from the provisions of this subsection.
97.4.11 CONDITIONS FOR PLACEMENT IN O-5 (PP) DISTRICT.
(Added by O-2829)
No site shall be placed in an O-5 (PP) Combining Oil District unless, in the judgment of the City Council, all of the following criteria are met:
a) The operator plans to drill new wells or redrill or deepen existing wells on such site within the following twelve (12) month period.
b) There is likely to be a substantial increase in the production of oil or gas therefrom.
c) The facility, if an existing one, is being operated and maintained in accordance with the provisions of this Chapter 7.
d) No tank, heater or other above surface building or structure which is included in such facility is located in the right of way of a street or alley as shown in any Master Plan or specific plan of the City or as otherwise required to be dedicated to the City by the laws of the City or State upon the issuance of a building permit; provided, however, that the Planning Commission may grant a waiver of this requirement, in any case where the oil operator has proved to the reasonable satisfaction of the Commission that it is impracticable and an unreasonable hardship on the owner or oil operator to move such tank, heater, building or structure outside such right of way.
e) There has been dedicated to the City that part of the property on which such facility is located sufficient to bring the right-of-way of the adjacent street or alley to the width as set forth in any Master Plan or specific plan of the City or as otherwise required by the laws of the City or State upon the issuance of a building permit; and there has been constructed on such facility sidewalk, curb, gutter, make-up pavement and such other street improvements as are required by the general or any specific plan of the City or as otherwise required for the issuance of a building permit; provided, however, that the Planning Commission may grant a waiver of this requirement in any case where the oil operator has proved to the reasonable satisfaction of the Commission that he had made a good faith effort to comply therewith but he is unable to do so for reasons beyond his control.
f) No tank which is included in such facility is located in such proximity to an adjoining lot so as to prohibit the construction of a building or structure on said lot or so as to constitute a fire hazard by reason of the provisions of the City’s Fire Prevention Code or Building Code.
g) The continued or future use of the subject property for oil or gas production will not be materially detrimental to the property of other persons located in the vicinity of such facility.
h) The continued or future use of the subject property for oil or gas production will not substantially interfere with the orderly development of the City as provided for in the Land Use Element of the General Plan.
i) An Environmental Impact Report thereon has been approved which has addressed, among other possible effects, noise, odors, vibration, aesthetics and devaluation of adjacent properties.
97.4.12 PRECISE PLAN REQUIRED, O-5 (PP) SITES.
(Added by O-2829)
No well shall be drilled, redrilled or deepened; no equipment shall be installed or placed on the site, and no building or structure shall be constructed, erected or placed on the site until a precise plan therefor has been approved as provided in Article 2, Chapter 6 of this Division 9.
97.4.13 TWENTY YEAR LIMITATION PERIOD, O-5 (PP) SITES.
(Added by O-2829)
a) Subject to the provisions of subsections b) and c) of this Section 97.4.13., all oil wells, gas wells, oil storage tanks, heaters and other oil or gas production facilities situated in an O-5 (PP) Combining Oil District shall be completely removed and such wells shall be abandoned on or before twenty (20) years from the date the Precise Plan for the site was approved as required by Section 97.4.12
b) The Environmental Quality Commission shall grant an exception from said twenty (20) year limitation period for such oil or gas production facilities in accordance with the provisions of Section 97.13.5
c) The Planning Commission may grant an extension of time for such oil or gas production facilities not to exceed ten (10) years for amortization purposes in accordance with the provisions of Sections 97.13.6., 97.13.7., and 97.13.8.
97.5.1 CONFORMANCE REQUIRED.
No person shall drill, redrill, deepen, operate or maintain any oil well in the City unless the oil well site and the derrick or portable mast used therefor is designed and used in conformance with the provisions of this Article.
97.5.2 DESIGN STANDARDS FOR DERRICKS AND PORTABLE MASTS.
(Amended by O-2893)
Except as provided in Section 97.5.3., all derricks and portable masts shall be constructed of steel and shall meet the design standards therefor as prescribed in the American Petroleum Institute Specifications for Drilling and Well Servicing Structures (API Specification 4A, Sixteenth Edition dated 1967, or API Specification 4D, Sixth Edition 1967) copies of which are on file in the Office of the City Clerk, which specifications are hereby incorporated by reference into this Code and made a part hereof; provided, however, that the guying and rigging equipment and outriggers, if any, shall be installed and used as provided in Sections 97.5.7. and 97.5.9. Derrick and portable masts meeting said design standard may be so certified by a registered engineer.
97.5.3 SUBSTITUTION OF DESIGN STANDARDS.
a) Subject to the approval of the Building and Safety Director pursuant to the provisions of subsection c) of this Section 97.5.3., there may be substituted for such a certification based on said API specifications a certification by the manufacturer of said derrick or portable mast that, at the time of certification, such derrick or portable mast meets or exceeds the manufacturer’s original design specifications therefor, together with a certification by a registered engineer that, in his opinion, such derrick or portable mast is safely designed for the particular well site on which it is to be placed and for the depth of well hole for which it is to be used.
b) In making such determination, the registered engineer shall use said API specifications and good engineering and good oilfield practice as guidelines. He shall specify any particular operating procedures or limitations which constitute a condition of his certification; provided, however, that the guying and rigging equipment and outriggers, if any, shall be installed and used as provided in Sections 97.5.7. and 97.5.9
c) The calculations and data used by the registered engineer in making said determination shall be verified for accuracy by the Building and Safety Director.
97.5.4 CERTIFICATION OF DERRICKS AND PORTABLE MASTS.
No derrick or portable mast shall be erected, placed, operated or used for any purpose at any oil well site on or after October 1, 1978 unless it meets the design standards set forth in Section 97.5.2. and Section 97.5.3. and a certificate of compliance therewith signed by a registered engineer has been filed with and verified for accuracy by the Building and Safety Director. Derricks and portable masts shall be recertified after any repairs or modifications have been made thereto.
97.5.5 ANNUAL INSPECTION REQUIRED.
All derricks and portable masts shall be inspected annually by a registered engineer for compliance with the provisions of Section 97.5.2. and Section 97.5.3. If a certificate of the registered engineer attesting to such compliance is filed with the Building and Safety Director, a certificate of inspection and a decal attesting thereto shall be issued by the Building and Safety Director. The decal shall be kept attached to each such certified derrick or mast at all times when on any well site in the City.
97.5.6 SITE PLAN PERMIT REQUIRED.
a) No derrick or portable mast shall be erected, placed, operated or used at any oil well site on or after October 1, 1978, unless and until a site plan permit for such oil well site has been issued by the Building and Safety Director.
b) A site plan permit shall not be issued for any oil well site unless and until a site plan prepared by the applicant in accordance with the provisions of Section 97.5.7. has been certified as safe by a registered engineer and the certificate filed with the Building and Safety Director.
97.5.7 DESIGN STANDARDS FOR SITES.
The site plan shall be designed in accordance with the standards set forth in the aforesaid American Petroleum Institute Specifications for Drilling and Well Servicing Structures (API Specification 4E, Second Edition dated March 1974); provided, however, that in any case where the Building and Safety Director determines that the size or shape of the site or other limitation makes it impracticable to comply with said standards, the site plan shall be designed in accordance with good engineering and good oilfield practice by a registered engineer and shall be approved by the Building and Safety Director.
97.5.8 APPLICATION FOR SITE PLAN PERMIT.
An application for a site plan permit shall contain such information as required by the Building and Safety Director, including but not limited to:
a) Rig location and set-up requirements.
b) Type of derrick or portable masts to be used.
c) Soil analysis and drainage.
d) Foundation load design.
e) Anchor requirements.
f) Guying and rigging pattern.
97.5.9 SAFETY STANDARDS.
(Amended by O-2893)
a) All derricks and portable masts shall be maintained free from patent structural defects and free from any patent defect which might render such derrick or mast a hazard to life or property.
b) All portable masts shall be equipped with wind guy lines; provided, however, that outriggers may be used instead of wind guy lines in those cases where it has been determined by a registered engineer that, due to the physical characteristics of the site, it is impracticable to use guy lines for wind loading.
c) All wind guy lines, and outriggers used in place of wind guy lines, shall be designed to withstand wind loads as set forth in the said API Specifications.
d) All wind guy lines shall be anchored to permanent concrete deadmen which shall be of sufficient strength and size, as determined by a registered engineer, to safely accommodate the tension and weight to be placed thereon. Screw-in type anchors shall not be used.
e) All outriggers used in place of wind guy lines shall rest on permanent pads which shall be of sufficient strength and size, as determined by a registered engineer, to safely accommodate the tension and weight to be placed thereon.
f) In all cases where outriggers are used in place of wind guy lines, tubing shall be pulled and stacked in single lengths only.
g) Lights shall be installed and used during nighttime drilling on all derricks and portable masts and at other times when necessary for safety purposes.
h) All derricks and portable masts shall rest on a permanent foundation which shall be of sufficient strength and size as determined by a registered engineer, to safely accommodate the tension and weight to be placed thereon by the derrick or mast with full rack of drill pipe.
i) Notwithstanding the provisions of subsections d), e) and h) of this Section 97.5.9., permanent concrete deadmen, permanent concrete pads and permanent concrete foundations need not be installed as otherwise required by said subsections for an oil well abandonment operation; provided, however, that in lieu thereof deadmen, pads and foundations shall be used which, in the opinion of a registered engineer, are of sufficient strength and size to safely accommodate the tension and weight to be placed thereon.
j) All derricks and portable masts shall be provided with a wind gauge indicator in a location satisfactory to the Director of Building and Safety.
97.5.10 DERRICK PERMIT REQUIRED.
A derrick as opposed to a portable mast, shall not be constructed or placed on any oil well site unless a permit therefor has been granted by the Environmental Quality Commission. The Environmental Quality Commission shall grant such permit only if, in its judgement, it finds the applicant has satisfied the criteria used for granting a variance as set forth in Section 94.1.5. of this Code. The application for such permit shall be processed in the same manner as set forth in Article 11 of this Chapter 7 for applications for drilling permits and the decision of the Environmental Quality Commission may be appealed to the City Council in the manner set forth in said Article 11 for drilling permit appeals. The Environmental Quality Commission may impose such conditions on the permit as it may deem necessary or desirable in the best interest of the City.
97.5.11 REMOVAL OF DERRICKS.
a) All derricks shall be dismantled and removed from any drill site within thirty (30) days after the oil well drilled therefrom is placed on production; provided, however, that for good cause shown, an extension of time for dismantling and removal may be granted by the Environmental Quality Commission if an application therefor is made prior to the expiration of such thirty (30) day period.
b) The provisions of subsection a) of this Section 97.5.11. shall not apply to a derrick used as a part of an oil operation for which a conditional use permit has been issued and the time for dismantling and removal of such derrick has been made a condition of such permit.
97.5.12 SET-UP PERMIT REQUIRED.
No derrick or portable mast shall be operated or used at any oil well site on or after October 1, 1978, unless and until a set-up permit has been applied for by the operator and issued by the Building and Safety Director. A set-up permit shall be required each time that a derrick or mast is set up on the oil well hole. Such permit shall be issued only if the Building and Safety Director determines that the site and the derrick or portable mast with rigging and outriggers, if any, in position to commence operations or use are in compliance with all the applicable provisions of this Article 5.
97.6.1 LIGHTS ON DERRICKS.
Lights shall be installed and used during nighttime drilling on each and every derrick and at other times whenever necessary for adequate lighting.
97.6.2 ENCLOSING DERRICKS.
Whenever it shall be necessary, in order to protect any property or persons thereon, the Director of Public Works may order and require that any derrick erected be sufficiently enclosed with galvanized iron or other suitable substitute so as to prevent the escape onto public or private property, or persons thereon, of any oil, gas, mud, water, steam or other gases, fluids or substances from said well, and the licensee for such well shall, within twenty-four (24) hours after service upon him of notice of such order of said Director of Public Works, make or cause to be made, such enclosure.
97.6.3 MUFFLING EXHAUST.
The outlets from every exhaust of any engine or boiler used in connection with any oil well, well hole, derrick, or production equipment, shall be connected to an exhaust and muffler box of approved type or design, to prevent the emission or escape of sound, sparks or ignited carbon or soot. Said box shall be located not less than twenty (20) feet from any street, road, alley or thoroughfare, dedicated to or in use by the public. Undue noise from such exhaust is hereby prohibited.
97.6.4 STEAM BOILERS.
a) The smoke stack of every boiler used in connection with any oil well, well hole, derrick or production equipment, shall be equipped with a screen or other device of approved type or design, to prevent the escape from such smoke stack of sparks or ignited carbon or soot; providing, however, that when the top of any such smoke stack is at least thirty (30) feet above the ground level, such screen and other device may be omitted.
b) No person shall install, maintain or operate any steam boiler within twenty-five (25) feet of the center of the well hole of any oil derrick or any tank containing gas or flammable liquid.
c) If more than one (1) steam boiler is to be hereafter erected, maintained or operated for a particular use, such steam boiler or battery of boilers, except when housed or enclosed, or except when burners are elevated to a height of twenty-four (24) inches above the surrounding terrain, shall by completely surrounded by a dike not less than twenty-four (24) inches in height, constructed as provided hereinafter for tanks, located not less than fifteen (15) feet distant from such boiler or battery of boilers.
97.6.5 Repealed by O-1914.
97.6.6 SUMPS.
a) On or after August 1, 1959, no person shall dig or cause to be dug, any sump on any oil well site or at any other place in connection with the operation of any oil well.
b) On or after January 1, 1960, no person shall own or operate, or have possession of, or be in control of any oil well site on which a sump is located, or any sump used in connection with the operation of any oil well; provided, however, that the provisions of this subsection shall not apply to portable sumps required by the State Division of Oil and Gas or by the Regional Water Pollution Control Board.
c) On or after January 1, 1960, no person shall own or operate, or have possession of, or be in control of any oil well site on which a sump has been located, or of any property on which has been located a sump used in connection with the operation of any oil well, unless such sump has been drained and filled with earth to the level of the surrounding terrain.
97.6.7 Repealed by O-1914.
97.6.8 ATTRACTIVE NUISANCE PROHIBITED.
(Added by O-2709)
a) It shall be unlawful to decorate any oil well pump or other moving part of any item of equipment enclosed or required to be enclosed within an oil well site with any display or representation which constitutes an attractive nuisance to children.
b) If the City Manager determines that an attractive nuisance exists as set out in subsection a) hereof, he may order it to be abated or removed, or may take any other steps which he deems necessary to remedy the condition.
c) In determining whether an attractive nuisance exists, the City Manager shall consider the following factors and such other as he may deem relevant:
1) Whether the place where the condition exists is one where the possessor of the property knows or has reason to know that children are likely to trespass.
2) Whether the condition is one which the possessor knows exists or has reason to know exists and realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children.
3) That children of sufficient age or mental capacity to be allowed at large would not discover the condition or realize the risk of intermeddling with it or in coming within the area made dangerous by it.
4) The utility to the possessor of maintaining the condition and the burden of eliminating it are slight as compared to the risk to children involved.
5) The possessor has failed to exercise reasonable care to eliminate the danger or otherwise protect children.
97.6.9 ABANDONMENT REQUIREMENTS PRIOR TO NEW CONSTRUCTION.
(Added by O-3227)
Except as provided in Section 97.6.11, prior to the issuance of any grading or building permit for the development of any lot or parcel of land where a previously abandoned oil or gas well exists, the person seeking the said permit or permits shall prove to the reasonable satisfaction of the Director of Building and Safety that any such well or wells have been abandoned to the most current abandonment standards required by the California Division of Oil and Gas.
97.6.10 PLACEMENT OF STRUCTURES OVER WELLS.
(Added by O-3227)
Where any structure is to be constructed or placed over an oil or gas well abandoned pursuant to the provisions of Section 97.6.9, the well or wells shall be fitted with a gas venting system approved by the California Division of Oil and Gas.
Said gas venting system shall be installed in such a manner and location as to permit convenient testing for the presence of gas.
97.6.11 RETAINING SPACE AROUND ABANDONED WELL.
(Added by O-3227)
In the event any person seeking a grading or building permit for a lot or parcel of land where a previously abandoned oil or gas well or wells exist, and the person seeking the permit or permits presents to the Director of Building and Safety a written waiver of the requirements in Section 97.6.9 from the California Division of Oil and Gas, the placement of any building or structure on the lot or parcel and the size and shape of the said lot or parcel shall be such that future re-abandonment of the well or wells will be possible.
In order to so permit future re-abandonment, an open and unobstructed area shall be provided immediately adjacent to the surface location of the well head as follows:
a) No structure or property line shall be closer than ten (10) feet to any two (2) adjacent sides of the said well; and
b) No structure or property line shall be closer than fifty (50) feet from the third (3rd) side of the said well; and
c) The fourth (4th) side shall have open access so that an oil well abandonment rig can be driven onto the site.
97.7.1 IDLE WELLS DEFINED.
(Amended by O-2705)
a) A well shall be an idle well:
1) Where it has not produced one hundred (100) or more barrels of oil or other liquid hydrocarbon substances or one million (1,000,000) or more cubic feet of gas within any twelve (12) month period.
2) Where there has been a cessation of production therefrom of oil, gas or other hydrocarbon substances with an intent of the operator thereof to permanently cease production. The removal from the drill site of any part of the equipment or machinery necessary for the production of oil or gas, including, prima facie evidence of the intent of the operator to permanently cease production, and thereupon, the operator shall have the burden of proving that the well was not an idle well. The presence at the drill site or the operation of a derrick, drilling rig or other oil well drilling or production equipment shall not be evidence of production of oil or gas.
3) Where the drilling, redrilling or deepening thereof has been commenced and it has not produced one hundred (100) or more barrels of oil or other liquid hydrocarbon substances or one million (1,000,000) or more cubic feet of gas within twelve (12) months thereafter.
b) Notwithstanding the provisions of subsection a), any oil well in a Combining Oil District approved by the City which is included in a unit agreement or secondary recovery plan approved by the State Division of Oil and Gas shall not be an idle well. This exemption shall last for the life of the unit.
97.7.2 PUBLIC NUISANCE.
An idle well as described in Section 97.7.1 is hereby found and determined to be a public nuisance.
97.7.3 NOTICE OF IDLE WELLS.
Whenever in the opinion of the City Manager a well is an idle well, he shall send notice thereof by registered mail to:
a) The owner of the fee simple interest in the land on which such well is situated as shown on the last equalized assessment roll;
b) The owner of the mineral lease on which such well is situated as shown on the last equalized assessment roll; and
c) The licensee of such well as shown on the records of the License Inspector of the City.
97.7.4 ABANDONMENT.
Within ninety (90) days after notice of an idle well has been sent by the City Manager as provided in Section 97.7.3 or a notice of intention to abandon a well has been given to the State Division of Oil and Gas by the owner or operator pursuant to the State Public Resources Code, the owner and operator shall abandon the well pursuant to the provisions of such Code.
97.7.5 REMOVAL PROCEDURE.
When any well is abandoned, the owner and operator shall clear and restore the drill site in conformance with the following requirements:
a) The derrick and all appurtenant equipment thereto shall be removed from the drill site.
b) All drilling and production equipment, tanks, towers and other surface installations shall be removed from the drill site or tank farm site.
c) All concrete, pipeline above ground, wood and other foreign materials shall be removed from the drill site or tank farm site. All buried pipeline shall be excavated and removed or, in the alternative, purged of all hydrocarbon substances and filled with water-base drilling mud or other inert material approved by the City Manager.
d) The oil well casing shall be cut off at the cellar floor, but in no case below sea level. Nothing shall be placed in the hole above the point of cut-off until the cut-off has been inspected by the City and found to be in compliance with all applicable provisions of law.
e) A steel cap of not less than the same thickness as the well casing shall be welded to the casing around the entire circumference of the well casing.
f) The rathole and all holes, sumps and depressions shall be filled and packed with native earth.
g) All oil, waste oil, refuse or waste material shall be removed from the drill site.
97.7.6 SUSPENSION.
The provisions of Sections 97.7.4 and 97.7.5 shall be suspended from the date an application for a decision or exception is filed with the Oil Board as provided in Section 97.7.7 until the decision is rendered or the exception is granted or denied.
97.7.7 APPLICATION FOR DECISION OR EXCEPTION.
Within thirty (30) days after notice of an idle well is sent as provided in Section 97.7.3, and subject to the provisions of Section 97.7.11, the owner or the operator thereof may apply to the Oil Board of the City:
a) For a decision that the well is not an idle well as defined in Section 97.7.1; or.
b) If such well is an idle well, for an exception to the provisions of Sections 97.7.4. and 97.7.5. Such application shall be filed with the Secretary of the Oil Board and shall be accompanied by a fee of Thirty-five Dollars ($35.00) to cover the cost of publication and servicing of such application and shall include such information as prescribed by the Board. The fee shall be remitted to the applicant in the event that the Board finds that such well is not an idle well.
97.7.8 HEARING.
Upon receipt of such application, the secretary of the Board shall set a date, time and place for a public hearing thereon before the Board and shall send notice thereof to the applicant and to all persons having an interest in the land on which the well is situated as shown on the last equalized assessment roll. The Board may conduct the hearing in an informal manner. The rules of evidence shall not apply. The hearing may be adjourned to a future time at the discretion of the Board without the giving of further notice other than an announcement by the Board of date, time and place of such adjourned meeting.
97.7.9 DECISION OF OIL BOARD.
At the conclusion of the hearing on an application for a decision that the well is not an idle well, the Board shall decide whether or not the well is an idle well in accordance with the provisions of Section 97.7.1. If the Board decides that the well is an idle well, the owner and the operator thereof shall comply with the provisions of Sections 97.7.4. and 97.7.5.
97.7.10 GRANT OF EXCEPTION.
a) At the conclusion of the hearing on an application for an exception, the Board shall deny the application or grant the exception in whole or in part as applied for. The exception may be granted by the Board if in the judgment of the Board:
1) The applicant has shown good cause why there has been no production for the aforesaid twelve (12) months or more period or otherwise why there has been a cessation of production;
2) There are practical difficulties or unnecessary hardships resulting from the strict enforcement of this Article;
3) It will not be materially detrimental to the public welfare, to the owners of the adjacent property and to the rights of owners of the fee simple interest in the property; and
4) It will not substantially interfere with the orderly development of the City as provided in the Official Land Use Plan.
b) If the exception is granted, the Board may impose thereon such conditions as it may deem reasonable and proper. Unless stated otherwise by the Board, the exception shall be for a period of two (2) years from the date of the application therefor. If the Board shall deny the application for an exception, the owner and operator shall comply with the provisions of Section 97.7.5. or shall appeal the decision of the Board to the City Council pursuant to the procedure of Article 5 of Chapter 1 of Division 1 of this Code.
97.7.11 RIGHT OF APPEAL.
(Amended by O-2397; O-2822)
The decision of the Oil Board may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.
97.7.12 CONCLUSIVELY IDLE WELLS.
Notwithstanding any other provision of this Article to the contrary, in the case of a well for which a notice of intention to abandon has been given to the State Division of Oil and Gas pursuant to Section 3229 of the Public Resources Code or any amendment thereto, such well shall be conclusively deemed an idle well, and:
a) The Board or the City Council shall not make a decision that such well is not an idle well; and
b) The Board or the City Council shall not grant an exception in whole or in part to the provisions of Sections 97.7.4 or 97.7.5
97.8.1 STANDARD CONDITIONS.
The following standard conditions shall apply to all wells, well sites and drill sites except as provided herein.
97.8.2 DRILLING INTO CITY PROPERTY.
No person shall drill any oil well hole upon any land in which the City has any right, title or interest without first having obtained the written consent of the City Council therefor.
97.8.3 DRILLING NEAR STREET.
(Amended by O-2705)
No person shall drill any oil well hole, the surface of which is within one hundred (100) feet from the property line of any street or highway; provided, however, that such provision shall not apply to prohibit the drilling of a new oil well within said distance if such well is located within an existing drilling site and the Oil Board determines that such drilling will not create a hazard to life or property. In making such determination, the Oil Board shall consider, among other factors, the size and dimensions of the site, the adequacy of the guying and other safety measures for the drilling rig, and whether satisfactory alternative sites or locations are available. The provisions of the Section shall not apply to drilling permits issued before June 1, 1974, or to the redrilling or deepening of an existing well.
97.8.4 DRILLING NEAR EXISTING WELL.
a) No person shall drill any oil well hole within one hundred (100) feet from any existing oil well hole as shown on the latest Torrance Oil Field Map as published by the State Division of Oil and Gas, unless an exception therefor has been granted by the Planning Commission.
b) Any owner of land, oil and gas lessee or other person having the right to drill for oil and gas thereon may apply for such exception. Such application shall include such information as is prescribed by the Planning Commission. It shall be filed with the Planning Director and shall be accompanied by a fee of Thirty-Five Dollars ($35.00) to cover the cost of publication and the processing of the application. The Planning Commission shall hold a hearing on such application as soon as practicable after filing. Notice of the hearing shall be published at least five (5) days prior to the date of the hearing in the newspaper having the contract for the publication of the City’s legal notices.
c) The Planning Commission, after notice and hearing as aforesaid, shall grant such exception whenever, in its reasonable judgment, drilling at the location proposed by the applicant is necessary to offset the drainage of oil and gas from the land of the applicant. The applicant shall have the burden of proving such drainage.
97.8.5 DRILLING NEAR SCHOOL OR HOSPITAL.
No person shall drill any oil well hole, the surface of which is within three hundred (300) feet of any property used for a school or hospital.
97.8.6 DRILLING NEAR PROPERTY LINE OR DWELLINGS.
No person shall drill any oil well hole, the surface of which is within twenty-five (25) feet from any property line or within one hundred (100) feet from any existing dwelling. Where two (2) or more contiguous parcels of land are operated as a unit, the outermost boundary lines of such parcels shall be considered the property line for the purpose of this Section.
97.8.7 OPERATION TIME.
(Amended by O-2505)
No person shall operate any oil production power repair, maintenance or abandonment equipment, conduct oil well drilling, redrilling or gravel packing operations, or operate heavy oil production power repair, maintenance, abandonment or drilling equipment or rigs except at times and in the manner provided therefor in Section 46.3.2. of this Code.
97.8.8 TRUCKING TIME.
No person shall transport any crude oil or brine by truck from any oil well production site between the hours of 10:00 p.m. and 6:00 a.m.; provided, however, that the provisions of this Section shall not apply to any oil well production site which is located three hundred (300) or more feet from a dwelling.
97.8.9 Repealed by O-2502.
97.8.10 EXCEPTIONS TO STANDARD PROVISIONS.
(Amended by O-2705)
Section 97.8.4. shall not apply to any oil well, well site or drill site in a Combining Oil District approved by the City which is included in a unit agreement or secondary recovery plan approved by the California State Division of Oil and Gas.
97.9.1 APPLICATION OF ARTICLE.
The provisions of this Article shall apply to all oil well sites in the City. No person shall own or operate, have possession or control of any oil well site or conduct or permit any oil well operations on an oil well site except in conformance with the provisions of this Article.
97.9.2 DEFINITION OF OIL WELL SITE.
(Amended by O-1954)
The term oil well site as used in this Article shall mean that portion of any lot or parcel of land on which is located any oil well, crude oil storage tank, separator tank, oil heater, meter, meter run, valve, pipeline appurtenance, oil well rod, pipe or casing, or other facility for the production of oil, gas or other hydrocarbon substances; provided, however, that any lot or parcel of land smaller than ten thousand (10,000) square feet in area shall be considered in its entirety to be an oil well site.
97.9.3 ENCLOSURE OF SITE.
(Amended by O-1954; O-2506; O-2642)
a) Every oil well site shall be completely enclosed by a chain link fence or a masonry wall; provided, however, that (except on sites smaller than 10,000 square feet in area) the well head, storage tanks and other facilities may be separately so enclosed in accordance with the provisions of Section 97.9.4
b) Fence gates on any well site shall be left locked at all times when unattended.
c) Temporary fencing shall be erected pursuant to the provisions of Section 97.9.34
97.9.4 FENCE SPACING FORMULA.
(Amended by O-1954)
a) If any well head, storage tank, heater or other facility for the production of oil is more than fifty (50) feet away from any other facility for the production of oil which is located on the same oil well site, such first mentioned facility may be separately fenced unless prohibited by Section 97.9.3
b) If, in the opinion of the City Manager, the fencing of an entire oil well site or the fencing of the separate facilities on such site, in accordance with said fifty (50) foot formula would result in the inability of the operator to properly service or maintain the facilities on the site, he may authorize the construction of separate fencing facilities in accordance with a different formula which would enable such operator to properly service or maintain such facilities.
c) Temporary fencing shall be erected pursuant to the provisions of Section 97.9.34
97.9.5 FENCE PERMIT REQUIRED.
No fence or wall shall be constructed to enclose any oil well site in whole or in part unless and until a permit therefor shall have been issued by the Building and Safety Department. As a condition of issuing such permit, the Building and Safety Director or his delegate may impose thereon such conditions as, in his opinion, are necessary in the interests of the public safety. Such fence or wall shall be constructed in accordance with the conditions of such permit. The provisions of Section 74.3.1., et seq. relating to dedication of right-of-way and construction of improvements shall not be applicable to the issuance of such permit.
97.9.6 CHAIN LINK FENCE REQUIREMENTS.
(Amended by O-1933)
a) All chain link fences used to enclose in whole or in part any oil well site shall meet the following specifications:
1) The fence fabric shall be at least six (6) feet in height.
2) The support posts shall be buried into the ground to a depth which complies with the provisions of the Building Code governing windloading.
3) The fence shall be topped with a V-shaped support for barbed wire. The support shall have an internal and external angle of forty-five (45) degrees (a total angle of ninety (90) degrees). Each side of the V shall have three (3) rows of four (4) point barbed wire equally spaced.
4) The chain link fabric shall be galvanized steel wire with a minimum plating of 1.2 ounces of zinc per square foot of surface area with both selvages barbed.
5) The chain link fence fabric shall have a minimum thickness of eleven (11) gauge.
6) The chain link fabric shall be two (2) inch mesh; provided, however, three and one-half (3-1/2) inch mesh may be used on any fence where the fabric is interwoven with artificial screening of redwood slats and the Director of Building and Safety determines that the interwoven mesh is equal in safety to a two (2) inch mesh without such slats.
7) Post and rails shall be standard galvanized weld or stainless pipe schedule forty (40) or thicker; provided, however, that non-galvanized drill pipe may be used if it exceeds schedule forty (40) in thickness.
8) All pipe and other ferrous parts, except chain link fabric and drill pipe, shall be galvanized inside and outside with a plating which contains a minimum of 1.2 ounces of zinc per square foot of surface area.
9) Tension rods shall be three-eights (3/8) inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six (6) inch minimum take up. Tension bars shall have a minimum thickness of 1/4 x 3/4 inch.
10) Concrete mix shall be Class C.
b) In addition to meeting said specifications, all such fences shall be constructed in accordance with standard engineering practices and in accordance with the Torrance General Chain Link Fence Drawing No. 1 on file in the office of the City Engineer.
97.9.7 FENCE COMPONENTS SPECIFICATIONS.
(Amended by O-1933)
a) Posts. Gate and terminal posts shall have a minimum outside diameter of 2-7/8 inches, and shall have a minimum weight of 5.79 pounds per linear foot. Line posts shall have a minimum outside diameter of 1-7/8 inches, and shall have a minimum weight of 2.72 pounds per linear foot. All types of posts shall have a maximum outside diameter of four (4) inches.
b) Top rail. Shall be 1-7/8 inch outside diameter with a weight of 2.27 pounds per linear foot.
c) Tension wire. Shall be nine (9) gauge.
d) Tie Wire. Shall be nine (9) gauge spaced twelve (12) inches center to center.
e) Gate Frame. Shall be two (2) inch outside diameter pipe per pipe schedule listed in this specification.
f) Fence and gate post footing shall be as follows:
1) Terminal Posts and Gate Posts. Footing shall be ten (10) inches by thirty-six (36) inches with post immersed thirty (30) inches in mix.
2) Line Posts. Footing shall be eight (8) inches by thirty (30) inches with post immersed twenty-four (24) inches in mix.
97.9.8 MASONRY WALL SPECIFICATIONS.
All masonry walls used to enclose in whole or in part any oil well site shall be constructed in accordance with standard engineering practices and shall meet the following specifications:
a) The wall shall be of a decorative design approved by the City Manager as being compatible with the facilities, buildings and structures on and adjacent to the site.
b) The wall shall be at least six (6) feet in height.
c) It shall be topped with a V-shaped support for barbed wire having an internal and external angle of forty-five (45) degrees. Each side of the V shall have three (3) rows of four (4) point barbed wire equally spaced.
d) It shall be constructed in accordance with the provisions of the City’s Building Code.
97.9.9 GATE SPECIFICATIONS.
All chain link fences and masonry walls shall be equipped with at least one (1) gated area. The gated areas shall meet the following specifications:
a) Each gated area shall be twelve (12) feet wide and be composed of two (2) gates each of which is six (6) feet wide. The gates shall latch and lock in the center of the twelve (12) foot span.
b) The gates shall be of chain link construction which meets the applicable specifications of Section 97.9.6. and Section 97.9.7
c) They shall be provided with a combination catch and locking attachment device for a padlock, which device shall be approved by the Fire Chief, and shall be kept locked except when being used for access to the site. In making his determination the Fire Chief shall consider whether or not, and the degree to which, such device interferes with the ability of the Fire Department to obtain ingress into the site in case of an emergency.
d) Hinges shall be heavy duty malleable iron or steel industrial service type, with a 180 degree swing.
97.9.10 APPLICATON TO EXISTING FENCES.
(Amended by O-2477; O-2748)
a) Any oil well sites which on October 1, 1969, are enclosed with a fence or wall which, in the opinion of the City Manager substantially met the requirements of Sections 97.9.4. to 97.9.9. inclusive may retain such existing fence or wall until July 1, 1978. Thereafter, such site shall fully comply with the following provisions:
1) All oil well sites shall have at least one (1) fence reconstructed and maintained to meet the following requirements:
a) The fence fabric shall be constructed of chain link; the fence gauge shall be no less than that of the existing fence; and the fence shall be at least six (6) feet in height; provided, however, that a block wall at least six (6) feet in height may be substituted for such fence.
b) The fence shall be topped with a V-shaped support for barbed wire; the support shall have a minimum angle of forty-five (45) degrees and a maximum angle of ninety (90) degrees; the support shall be welded to prevent movement of the extension arm; and each side of the V shall have three (3) rows of four (4) point barbed wire equally spaced; provided, however, that barbed wire shall not be required for any fence or wall that is equipped with an electrical device which automatically shuts off the oil well pumping unit which is enclosed by such fence or wall when a person climbs such fence or wall.
c-1) The top rail of the site enclosure fence shall have a minimum outside diameter of 1-5/8 inch with a minimum weight of 2.27 pounds per linear foot; or.
2) The top rail of the pumping unit enclosure fence shall have a minimum outside diameter of one (1) inch with a minimum weight of 0.92 pounds per linear foot; or.
3) A sucker rod may be substituted for such top rail; provided, however, that the span of such sucker rod shall not exceed ten (10) feet.
d) The fence shall meet the test requirements of Section 97.9.36.
2) Existing perimeter fences which are not used to satisfy the requirements of subsection 1) shall be maintained in a manner which, in the opinion of the City Manager, substantially meets all City Code requirements.
3) Any new fence installed shall meet all City Code requirements.
97.9.11 SETBACK AREAS.
a) Notwithstanding any other provisions of this Article to the contrary and except as provided in subsection b) of this Section, fences and walls shall not be placed in the front and exterior side yard setback area of any lot or parcel of land as presently constituted or as planned for future use as shown on any element of this City’s general plan, or any master zoning plan or area zoning plan adopted by the City Council or as implied from any master plan of streets and highways adopted by the City Council.
b) Provided, however, any oil well, storage tank or heater which on October 1, 1968, is located in such a setback area shall be fenced or walled in accordance with the other provisions of this Article, except that such fence or wall shall not 1) extend into any dedicated and improved right-of-way, or 2) extend outward from such well, tank or heater for a distance of more than twenty (20) feet in any direction.
97.9.12 PAINT.
a) All pumping units, storage tanks and heaters and exposed pipelines, and any building or structure located on an oil well site, shall be painted at least every three (3) years with a top coat and a rust preventative base coat, unless the City Manager determines that such repainting is unnecessary until a later date, in which event it shall be repainted at such later date. In making such determination the City Manager shall consider the deterioration of the quality of the material of which such facility or structure is constructed, the degree of rust, and its appearance.
b) All oil production facilities and any structure or any oil well site shall be kept reasonably free from rust at all times.
c) The top coat shall be any color which has been approved by the City Manager for compatibility with the neighborhood.
97.9.13 STORAGE TANKS.
(Amended by O-2060; O-2177)
a) Storage tanks shall be constructed, maintained and located in accordance with the provisions of Section 15.201 et seq. of the Uniform Fire Code and any amendments thereto, as adopted by the City.
b) No person shall own, operate or maintain any tank for the storage of crude petroleum which is located closer to the nearest line of adjoining property than the distances prescribed in Table 15.202 of the Uniform Fire Code, 1961 Edition, and any amendments thereto, unless the Fire Marshal shall determine that, in his judgment, such tank does not constitute a fire hazard.
c) In making such determination, the Fire Marshal shall consider among others, the criteria set forth in Section 15.202(c) of said Fire Code, and whether such tank is constructed and maintained in compliance with the provisions of 1) Sections 15.203 to 15.209 inclusive of said Fire Code, 2) the Building Code of the City of Torrance, and 3) all other applicable laws.
d) Any person owning, operating or maintaining any tank in a location prohibited by the provisions of subsection b) of this Section shall relocate or remove such tank prior to January 1, 1971.
e) No person shall own, operate, maintain or use any tank for the storage of crude petroleum which has any area or part thereof which is severely rusted, corroded, buckled or in any condition which poses a hazard of bursting or of severe leakage or of any other danger to persons or other property.
97.9.14 ABATEMENT OF DILAPIDATED STRUCTURES.
Any storage tank, heater, or other oil producing facility, or any building or structure used as an accessory to an oil producing facility and which is located on any oil well site, shall be demolished and removed from the site if, in the opinion of the City Manager, its useful life has been substantially completed or the vessel is no longer structurally capable of withstanding all forces required by the Building Code.
97.9.15 FREEDOM FROM DEBRIS.
(Amended by O-1954)
All property on which is located an oil well site shall at all times be kept free of 1) debris, 2) pools of oil, water or other liquids, 3) weeds, 4) brush and 5) trash.
97.9.16 BURIAL OF LINES.
All gathering and injection lines outside the fenced or walled area shall be buried, except in oil well sites located in areas zoned for industrial uses.
97.9.17 STORAGE OF EQUIPMENT.
(Amended by O-2477)
a) No equipment shall be stored on the site which is not essential to the everyday operation of the oil well located thereon.
b) Lumber, pipes and casing shall not be left on the site, except when drilling operations are being conducted on the site.
c) No equipment shall be stored except within the fenced or walled area of the site.
d) It shall be illegal for any person to park or store any vehicle or item of machinery in any driveway included under Section 97.9.18, other than a vehicle or item of machinery required for the maintenance of the oil well site, or for the gathering or transportation of hydrocarbon substances on the site. The exceptions established under this subsection d) shall not apply to vehicles or items of machinery parked or stored in any said driveway where presence does not coincide in time with actual maintenance of the oil well site, or with the gathering or transportation of hydrocarbon substances on the site.
97.9.18 DRIVEWAYS.
(Amended by O-2477)
All driveways shall be constructed according to City standards for commercial parking lots and shall be maintained at all times. They shall be kept free of oil spillage and accumulation of residue and debris. Driveways shall be required for all lots upon which oil well sites are situated unless they are excepted under Section 97.9.24 of this Code and shall be installed within the same time allowed for landscaping installation under Sections 97.9.21. and 97.9.22. Such driveways shall extend at least from the edge of the street pavement to the fence required by this Code. Where curb and gutter are in, driveway aprons shall be constructed per City standards for commercial uses and under Engineering Department specifications and approval.
97.9.19 PUMPING UNITS.
On and after January 1, 1971, all oil well pumping units shall be operated by either electrical or hydraulic means.
97.9.20 LANDSCAPING REQUIRED.
(Amended by O-1945; O-2477)
All lots and parcels upon which oil well sites are situated shall be landscaped in such a manner by the operator of the oil well site as meets the approval of the City Manager.
97.9.21 PRESENTATION AND APPROVAL OF PLAN.
(Amended by O-2477)
a) The City Manager is authorized to conduct inspections of lots and parcels upon which are situated oil well sites from time to time within the City to determine if such lots and parcels are landscaped in accordance with this Code. If it is determined that existing landscaping does not substantially comply with the requirements of this Code, the City Manager shall issue a notice of noncompliance to the operator of the oil well site.
b) Within ninety (90) days of the issuance of the notice of noncompliance, the operator shall present to the Environmental Quality Commission a detailed plan of landscaping for the subject lot, which plan shall include the date when the landscaping shall be finished.
c) The Commission shall review said plan and may approve, alter, or reject it with comment. If the owner agrees to an altered plan, it shall be deemed approved. If the plan is rejected, the operator shall present another plan satisfactory to the Commission within fifteen (15) days from the date the first plan was rejected, and failure to do so shall constitute a violation of Section 97.9.20. If the owner objects to an altered plan, for the reason that it would significantly hinder or interfere with the operation of the oil well, he may have such altered plan referred to Oil Board for review and comment. Within fifteen (15) days after the Oil Board’s action on the altered plan, it shall be returned to the Environmental Quality Commission for further proceedings under this section.
d) Any landscaping site plan filed with the City Manager for any oil well site on or before December 31, 1968, and approved by him pursuant to the then-existing provisions of the Torrance Municipal Code, shall constitute an approved plan for the purposes of this section. A certificate of compliance shall be issued in accordance with Section 97.9.22. Provided, however, that if the City Manager determines that the operator did not substantially complete the landscaping in conformance with the approved landscaping site plan, this subsection shall have no application.
97.9.22 IMPLEMENTATION.
(Amended by O-2477)
a) Upon approval, the operator shall put his landscaping plan into effect. Upon completion, the City Manager shall conduct an inspection to determine compliance with the plan. If the plan has been properly executed, the Commission shall issue to the operator a Certificate of Compliance whereafter he shall be conclusively presumed to have satisfied Section 97.9.20; except, however, that said Certificate shall not relieve him from maintaining the lot or parcel according to the plan.
b) A copy of the approved landscaping plans shall be kept on file with the City Manager.
97.9.23 VIOLATION.
(Amended by O-2477)
Failure to submit a plan or to execute it under the preceding Section by the date indicated therein shall constitute a violation of Section 97.9.20. Upon application, the Commission may, in its discretion, extend the time for the submission of the plan, and the City Manager may extend the time for the execution of said plan.
97.9.24 LANDSCAPING EXCEPTION.
(Amended by O-2477)
The City Manager may grant an exception to the provisions of Section 97.9.20. for any lot upon which an oil well site is situated which meets all of the following conditions:
a) It is located on land zoned for industrial or commercial uses.
b) It is located more than three hundred (300) feet from any residence.
c) The absence of landscaping will not be materially detrimental to the property of other persons located in the vicinity.
97.9.25 STANDARDS FOR APPROVAL OF PLAN.
(Amended by O-2477; O-2544)
The Environmental Quality Commission shall approve a landscaping plan other than a site plan approved by the operation of Section 97.9.21.(d) and issue a Certificate of Compliance upon the completion of such plan if the plan provides for the following:
1) The maximum screening of oil well site equipment and facilities which is compatible with the appearance of the surrounding residential community.
2) The lot or parcel upon which an oil well site is situated shall present an appearance in conformity with the residential nature of the community.
3) The location of the landscaping area is established as:
a) Where it will not significantly hinder or interfere with the operation and maintenance of the oil well, the existing and future front and exterior side setback area as required by the applicable zone and, where necessary, the area around each oil well pump, mast, tank, heater, shipping pump and appurtenances.
b) The existing and future parkways, including future right-of-way areas.
4) The extent of landscaping required is established as follows:
a) On all lots or parcels less than ten thousand (10,000) square feet in area, not including parkways or rights-of-way, a minimum of twenty (20) percent of the area shall be landscaped;
b) On all lots or parcels more than ten thousand (10,000) square feet in area, not including parkways or rights-of-way, the minimum area to be landscaped shall be twenty (20) percent for the first ten thousand (10,000) square feet and fifteen (15) percent for the remainder.
5) The landscaping consists of ground cover, shrubs, trees, and other vegetation so arranged, in such combination and of such type, so as to best enhance the appearance of the lot or parcel. The ground cover is to be planted at intervals close enough to assure complete coverage within one (1) season. All landscaping is to be identified in the plan and listed by its botanical name.
6) All parkways are to be planted with low ground cover and at least fifteen-gallon size trees, as measured by caliper, such trees to be placed at least every fifty (50) feet.
7) All landscaping shrubs are to be of at least fifteen (15) gallon size set on five (5) feet centers or five-gallon size set on three (3) feet centers in significant numbers and in such arrangement as to best enhance the appearance of the lot or parcel.
8) Where the configuration of the lot or parcel permits, every lot or parcel less than ten thousand (10,000) square feet in area is to have at least two (2) two-feet by two-feet box size and four (4) fifteen-gallon size trees or larger, as measured by caliper, so located as to harmonize with the rest of the landscaping and to best enhance the appearance of the site. At least one additional fifteen-gallon size tree is to be included for each one thousand five hundred (1,500) square feet over ten thousand (10,000) square feet.
9) Where the lot or parcel permits, a setback conforming to the provisions of this Code is established and the setback is to be landscaped pursuant to the provisions of this Code. Where a setback in full compliance with the Code is not physically or practically possible, a setback to a feasible line is to be established. Fences approved pursuant to Section 97.9.10. of this Code shall not be excused from meeting the requirements of this Section.
10) Artificial screening may be used to supplement landscaping, but only to the extent that it is compatible with the residential nature of the community.
11) That the landscaped area of the lot or parcel is to be irrigated by a complete underground automatic sprinkler and bubbler system designed and installed so as to allow complete irrigation of all landscaping.
97.9.26 MAINTENANCE OF LANDSCAPED AREAS.
(Amended by O-2477)
The landscaped area of the lot or parcel shall be maintained by the owner in a neat and clean condition and kept well manicured. Dead vegetation and litter shall not be allowed to gather. The replacement of dead trees and other vegetation shall be made in conformance with the approved plan within a reasonable period.
97.9.27 MAINTENANCE OF ARTIFICIAL STRUCTURES.
(Amended by O-2477)
All artificial screening, fences, walls, and other materials of a nonvegetative nature shall be repaired, repainted, resurfaced or replaced as needed to conform with the prevailing standard in the residential community.
97.9.28 MAINTENANCE AND COLOR OF EQUIPMENT.
(Amended by O-2477)
Oil well equipment that is visible shall be kept clean and free of rust and shall be painted in a color approved by the City Manager. The choice of color shall be based upon its unobtrusiveness and its compatibility with the neighborhood.
97.9.29 INSPECTIONS.
(Amended by O-2477)
The City Manager may conduct periodic inspections of lots and parcels upon which are situated oil well sites to see that such lots and parcels are maintained in conformance with the provisions of this Code.
97.9.30 DELEGATION OF DUTIES.
(Amended by O-2477)
The City Manager may delegate to any employee of the City under his direction and control any powers and duties conferred on him by the provisions of this Article.
97.9.31 SEPARATE VIOLATIONS.
(Amended by O-2477)
Each and every day of noncompliance with Sections 97.9.18., 97.9.20., 97.9.26., 97.9.27. and 97.9.28. shall constitute separate and distinct violations of this Code, and each such separate and distinct violation may be punishable without regard to other violations.
97.9.32 BARRICADING EXPOSED GAS LINES.
(Amended by O-2477)
Any pipeline, or portion thereof, located above the ground, which is used or was intended for the evacuation of natural gas from oil wells, and which at its nearest point is closer than thirty-five (35) feet from the paved portion of any public street shall be shielded on the traffic side by a barricade as approved by the Director of Transportation. The length of the barricade and the location of the barricade in relation to the pipeline and the street shall be approved, prior to installation, by the Department of Transportation for maximum effectiveness.
(O-2150)
97.9.33 MAINTENANCE OF EXPOSED GAS LINES.
(Amended by O-2477)
a) All natural gas transportation pipelines exposed above the ground shall be painted every three (3) years with a top coat and a rust preventative base coat, unless the City Manager determines that such repainting is unnecessary until a later date in which event it shall be repainted at such later date. In making such determination, the City Manager shall consider the degree of rust and appearance of the exposed pipeline.
b) The natural gas transportation pipelines exposed above the ground shall be kept reasonably free of rust at all times.
c) The top coat shall be any color which has been approved by the City Manager for compatibility with the neighborhood.
(O-2150)
97.9.34 TEMPORARY FENCING.
(Added by O-2642)
Equipment which is left unattended at a well site and which is not enclosed by the fence provided in Section 97.9.3. of this Article shall be completely enclosed by a fence or screen sufficient to prevent unauthorized persons from gaining access to such equipment or site. Such fence or screen shall meet the following specifications:
1) The fence shall have a minimum height of six (6) feet;
2) The fence shall be self-supporting and well braced;
3) The fence shall be placed at a minimum distance of three (3) feet away from the extremity of the equipment intended to be enclosed;
4) The fence shall be topped with three (3) rows of four (4) point barbed wire equally spaced.
97.9.35 FENCE TESTS.
(Added by O-2748)
Strength tests, impact tests or other tests and Engineering calculations may be required on materials and components of oil site fences in accordance with the procedures and methods set forth below:
a) Chainlink fence fabric shall meet the minimum breaking strength shown on Table 1. Specimens to establish conformance to this requirement shall be chosen from individual pickets comprising a section of the fence fabric. The specimens shall be of sufficient length so as to be firmly gripped in the testing machine after straightening. The actual gage length (distance between jaws) of the specimen shall be limited to the undeformed length of wire between the two adjacent straightened bends.
|
TABLE 1 |
||||
|---|---|---|---|---|
|
Breaking Strength |
||||
|
Size Coated Wire |
Nominal Diameter of Coated Wire |
Breaking. Strength Min. |
||
|
Gage (mm) |
in. |
mm |
lbf |
N |
|
6(4.11) |
0.192 |
4.88 |
1736 |
7720 |
|
9(2.19) |
0.148 |
3.76 |
1032 |
4592 |
|
11(2.30) |
0.120 |
3.05 |
680 |
3024 |
b) Zinc coating for the various gages of wire composing the strands of the barbed wire shall weigh eighty (80) percent of the weight values for the particular class of coating specified as prescribed in Table 2.
|
TABLE 2 |
||||
|---|---|---|---|---|
|
Minimum Weight of Coating on Zinc-Coated Barbed Wire |
||||
|
Size Steel Wire Gage |
Nominal Diameter of Zinc-Coated Wire in. (mm) |
Minimum Weight of Coating oz/ft. (kg/m2) of Uncoated Wire Surface. |
||
|
Class 1 |
Class 2 |
Class 3 |
||
|
No. 12-1/2 |
0.099 (2.51) |
0.30(0.092) |
0.50(0.153) |
0.80(0.244) |
|
No. 14 |
0.080 (2.03) |
0.25(0.076) |
0.45(0.137) |
0.65(0.198) |
|
No. 16 |
0.0625(1.57) |
0.15(0.046) |
0.35(0.107) |
0.60(0.153) |
c) Posts and top rails shall meet the outside diameter, wall thickness and weight requirements prescribed in Table 3. Posts and top rails shall withstand eighty (80) percent of the test pressures prescribed in Table 3.
|
TABLE 3 |
||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Dimensions, Weights, and Test Pressures for Pipe |
||||||||||||
|
|
|
|
|
|
Weight |
Test Pressure |
||||||
|
Size |
Outside Diameter |
Wall Thickness |
Plain Ends |
Threads and Couplings |
Butt Welded |
Electric Resistance Welded |
||||||
|
in. |
in. |
mm |
in. |
mm |
lb/ft |
kg/m |
lb/ft |
kg/m |
psi |
Mpa |
psi |
MPa |
|
1/8 |
0.405 |
10.3 |
0.068 |
1.7 |
0.24 |
0.4 |
0.24 |
0.4 |
700 |
4.83 |
700 |
4.83. |
|
1/4 |
0.540 |
13.7 |
0.088 |
2.2 |
0.42 |
0.6 |
0.42 |
0.6 |
700 |
4.83 |
700 |
4.83. |
|
1/8 |
0.675 |
17.1 |
0.091 |
2.3 |
0.57 |
0.8 |
0.57 |
0.8 |
700 |
4.83 |
700 |
4.83. |
|
1/2 |
0.840 |
21.3 |
0.109 |
2.8 |
0.85 |
1.3 |
0.85 |
1.3 |
700 |
4.83 |
700 |
4.83. |
|
1/4 |
1.050 |
26.7 |
0.113 |
2.9 |
1.13 |
1.7 |
1.13 |
1.7 |
700 |
4.83 |
700 |
4.83. |
|
1 |
1.315 |
33.4 |
0.133 |
3.4 |
1.68 |
2.5 |
1.68 |
2.5 |
700 |
4.83 |
700 |
4.83. |
|
1-1/4 |
1.660 |
42.1 |
0.140 |
3.6 |
2.27 |
3.4 |
2.28 |
3.4 |
1000 |
6.89 |
1000 |
6.89. |
|
1-1/2 |
1.900 |
48.3 |
0.145 |
3.7 |
2.72 |
4.0 |
2.73 |
4.1 |
1000 |
6.89 |
1000 |
6.89. |
|
2 |
2.375 |
60.3 |
0.154 |
3.9 |
3.65 |
5.4 |
3.68 |
5.5 |
1000 |
6.89 |
1000 |
6.89. |
|
2-1/2 |
2.875 |
73.0 |
0.203 |
5.2 |
5.79 |
8.6 |
5.82 |
8.7 |
1000 |
6.89 |
1000 |
6.89. |
|
3 |
3.500 |
88.9 |
0.216 |
5.5 |
7.58 |
11.3 |
7.62 |
11.4 |
1000 |
6.89 |
1000 |
6.89. |
|
3-1/2 |
4.000 |
101.6 |
0.226 |
5.7 |
9.11 |
13.6 |
9.20 |
13.7 |
1200 |
8.27 |
1200 |
8.27. |
|
4 |
4.500 |
114.3 |
0.237 |
6.0 |
10.79 |
16.1 |
10.89 |
16.2 |
1200 |
8.27 |
1200 |
8.27. |
|
5 |
5.563 |
141.3 |
0.258 |
6.6 |
14.62 |
21.8 |
14.81 |
22.1 |
’ |
’ |
1200 |
8.27. |
|
6 |
6.625 |
168.3 |
0.280 |
7.1 |
18.97 |
28.3 |
19.18 |
28.6 |
’ |
’ |
1200 |
8.27. |
97.10.1 OPERATIONS PROHIBITED WITHOUT PERMIT.
No person shall drill, redrill or operate any oil well unless he has obtained a current Operating Permit from the City Manager therefor.
97.10.2 PERIODIC INSPECTION REQUIRED.
(Amended by O-2164; O-2177; O-2504)
a) The City Manager shall inspect every oil well site in the City for compliance with the provisions of this Code. One such inspection shall be made prior to May 1st each year. He shall issue an Operating Permit effective July 1st each year for an oil well if he finds after such inspection that such well and the oil well site of which it is a part are operated and maintained in compliance with the provisions of this Code.
b) Every tank used, operated or maintained for the storage of crude petroleum will be inspected at least once every five (5) years to ensure it complies with all standards set forth in this Code. Each tank will be inspected for structural and metallurgical safety by a qualified structural and metallurgical engineer.
1) The City will conduct the structural and metallurgical safety inspection with permission of the owner or lessee of any tank; however, any such person authorizing such inspection must agree to permit the inspecting engineer to remove any paint, corrosion or obstructing substance necessary to conduct tests and to hold the City free and harmless from any liability for any damage to the storage tank or its contents as a result of normal testing procedures or for any damage to surrounding property should a tank be breached as a result of a test because of a weakness in the tank structure.
2) Any person owning, using, operating, maintaining a storage tank for the storage of crude petroleum, may, in lieu of a structural and metallurgical safety test being performed by the City, engage a private engineer to conduct said tests. Any such engineer shall have sufficient education and experience to qualify him to conduct such tests. Should a private engineer conduct the necessary structural and metallurgical tests, he shall submit an affidavit on forms provided by the City setting forth his qualifications, his observations, the electronic and laboratory tests performed and the results thereof and certifying that the oil storage tank meets all the provisions of this Code as to structural and metallurgical safety.
3) There will be no fee for inspection by the City of any storage tank for structural and metallurgical safety before February 1, 1971. After that date there will be a fee for such inspection of One Hundred Fifty Dollars ($150.00)
c) In the event that the City Manager, as a result of such inspection shall find that any such tank is in danger of becoming structurally inadequate within the succeeding five (5) year period, it shall be tested annually after such determination.
b) Any such tank that is moved shall be reinspected before it is placed in use.
97.10.3 FEES.
(Amended by O-2164; O-2177)
Except as provided in Section 97.10.2., 97.10.5. and 97.10.6. no fee shall be charged for the issuance of such permit.
97.10.4 DEFICIENCY NOTICE.
In the event that the City Manager finds, as a result of his annual inspection, that an oil well or the oil well site of which it is a part is not being operated or maintained in compliance with the provisions of this Code, he shall send a written notice of the deficiencies to the licensee of the well. In the notice he shall direct the licensee to correct the deficiencies within a reasonable time, not to exceed thirty (30) days.
97.10.5 REINSPECTION.
(Amended by O-3267)
The City Manager shall reinspect the well or site for which the deficiency notice is sent after the expiration of the time period for the correction of the deficiency as stated in the notice. If the deficiencies have been corrected, and if no other deficiencies are found at the time of the reinspection, he shall issue the operating permit for such well, upon the payment of the reinspection fee to be set by resolution of the City Council from time to time.
97.10.6 SUCCESSIVE REINSPECTIONS.
(Amended by O-3267)
a) If all the deficiencies have not been corrected, the City Manager shall send another deficiency notice and again reinspect the well pursuant to the foregoing procedure, which procedure shall be repeated until all the deficiencies have been corrected.
b) The fee for the issuance of the operating permit shall be set by resolution of the City Council from time to time.
97.10.7 DELEGATION OF DUTIES.
The City Manager may delegate to any employee of the City under his direction and control any powers and duties conferred on him by the provisions of this Article.
97.10.8 WAIVER OF FEES.
(Added by O-2013)
The City Manager may grant a waiver of the fees required by Section 97.10.6. for any oil well site which meets all of the following conditions:
a) A good and sufficient reason for non-compliance has been submitted in writing by the oil operator, licensee or permittee prior to June 1st of the year of said inspections, or good cause is shown why such writing was not submitted.
b) A reasonable time limit has been set for compliance with the requirements of this Chapter by the oil operator, licensee or permittee.
c) No undue hardship would thereby be placed upon the property of other persons in the vicinity.
97.10.9 RIGHT OF APPEAL.
(Amended by O-2013; O-2822)
The decision of the City Manager may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.
97.10.10 Repealed by O-3267.
97.11.1 DRILLING PERMIT REQUIRED.
No person shall drill, redrill, deepen or cause to be drilled, redrilled or deepened any oil well in the O-1, O-2, or O-3 Combining Oil Districts unless a drilling permit has been obtained therefor in accordance with the provisions of this Article.
97.11.2 TERMS DEFINED.
For the purposes of this Article, the term "oil well" is defined in Section 97.1.1. herein, the term "drill" is defined in Section 97.1.1. herein, the term "redrill" is defined in Section 97.4.3. herein, and the term "deepen" is defined in Section 97.4.3. herein.
97.11.3 APPLICATION FOR PERMIT.
An application for a drilling permit shall be filed with the Secretary of the Oil Board, accompanied by a fee as provided in Chapter 9 of this Division for the processing of variances, and shall include such information as is prescribed by the Oil Board.
97.11.4 HEARING.
a) The Oil Board shall conduct a hearing before granting a drilling permit. The Secretary of the Oil Board shall set a date, time and place for such public hearing on such application as soon as practicable.
b) The Oil Board may conduct the hearing in an informal manner. The rules of evidence shall not apply. The hearing may be adjourned to a future time at the discretion of the Oil Board without the giving of further notice, other than an announcement by the Board of the date, time and place of such adjourned meeting.
97.11.5 NOTICE.
a) In the case of any application to drill a well within three hundred (300) feet (surface location only) of the nearest property line of any lot or parcel of land on which a residence is located or which is zoned for residential use, the Secretary of the Oil Board shall send notice of such hearing in the manner provided in Section 94.1.3. for a hearing on an application for a variance.
b) In any other case, the Secretary of the Oil Board shall give notice of such hearing by publication as required by Section 6061 of the Government Code.
97.11.6 DECISION OF OIL BOARD.
(Amended by O-2364; O-2521)
a) After the conclusion of the hearing, the Oil Board may grant or deny the application in whole or in part. If the permit is granted, the Oil Board may impose thereon such conditions as it may deem necessary or desirable in the best interests of the City.
b) The Oil Board may refuse to issue the permit if, upon examination of the following factors, it finds that the issuance of such permit would be detrimental to the best interests of the community:
1) The location of the project on the property;
2) The height of the equipment;
i) The height of the structure shall be deemed excessive where it is greater than one-half (1/2) the distance between the structure and the nearest residential property line, or fifty (50) feet maximum.
3) The hours of operation;
4) Propensity for damage resulting from noise, smoke, odor, dust, vibration;
5) Hazard from explosion, contamination or fires;
6) Whether the indicated landscaping or concealment is adequate for the size and nature of the project;
7) Whether the proposed development of the site will jeopardize the safety and welfare of persons or property located in the vicinity of the proposed oil production equipment.
97.11.7 RIGHT OF APPEAL.
(Amended by O-2822)
The decision of the Oil Board may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.
97.11.8 Repealed by O-2822.
97.11.9 COMMENCEMENT AND EXPIRATION.
(Amended by O-2501)
a) Drilling permits shall not become effective, and no drilling shall be commenced thereunder, until fifteen (15) days after the granting of such permit by the Oil Board, or, if an appeal is filed from the decision of the Oil Board, until the granting of such permit by the City Council.
b) Each drilling permit shall expire and become null and void at the times provided in Section 95.2.7. herein for the expiration of Conditional Use Permits; provided, however, that the provisions of this subsection (b) shall not apply to drilling permits issued before June 1, 1974.
c) The Oil Board may extend the time for which a drilling permit is granted one (1) or more times without a hearing thereon where good cause is shown; provided, however, that no request for such an extension of time may be granted after the expiration date, or extension thereof, of the drilling permit.
97.11.10 REVOCATION.
Upon the breach of any of the conditions of any drilling permit by the permittee or by the permittee’s representatives, successors, or assigns, the Oil Board may revoke the permit after hearing thereon. Notice of the hearing shall be given at least five (5) days before the hearing by registered mail addressed to, or personal service on, the permittee or his successors or assignee. The decision of the Oil Board may be appealed to the City Council in the manner provided in Section 97.11.7.
97.11.11 RELIEF FROM CODE PROVISIONS.
a) In the case of any application for a permit to drill a well on land which is zoned for commercial or manufacturing uses, the surface of which well will be located more than three hundred (300) feet from the nearest property line of any lot or parcel of land on which a residence is situated or which is zoned for residential use, the City Council on request of the applicant may grant the operator permission to drill such well without compliance with the provisions of Article 4 of this Chapter 7 and any other applicable drilling conditions.
b) Such request shall be heard by the Oil Board at the same time it hears the application for a drilling permit for such well. At the conclusion of the hearing, the Oil Board shall make a recommendation thereon to the City Council.
c) The City Council shall hear such request at the same time it hears the appeal, if any, from the decision of the Oil Board granting or denying the application for a drilling permit. If no such appeal is filed, the City Council shall hear the matter and the City Clerk shall give notice of such hearing in the same manner as provided in Section 97.11.8
d) After the conclusion of the hearing, the City Council may grant such request in whole or in part if, in the judgment of the City Council:
1) The drilling of such well without compliance with such provisions will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity thereof; and
2) Compliance with such provisions would impose an unnecessary hardship on the operator; and
3) Compliance with such provisions would serve no substantial public purpose.
97.11.12 CONDITIONAL USE PERMIT.
(Added by O-2744)
a) No drilling permit shall be issued for any well included in or to be used for a secondary recovery oil operation as defined in Section 97.13.1. unless and until a Conditional Use Permit has been issued for such operation in accordance with the provisions of Section 95.3.36
b) The Conditional Use Permit shall become null and void:
1) Three (3) years after the granting of such permit if the drilling program for the subject secondary oil recovery operation has not been commenced and is not being diligently prosecuted to completion on such date; provided, however, that the Planning Commission for good cause shown may grant an extension of time therefor not to exceed three (3) additional years.
2) Ninety (90) days after the discontinuance of such secondary recovery oil operation.
97.12.1 PERMITS REQUIRED FOR EQUIPMENT.
Except as provided in Section 97.12.3., no person shall place or construct, or cause to be placed or constructed, any oil well equipment as defined in Section 97.1.1. on any oil well site in the City without having received a permit from the Oil Board as provided in this Article, which permit is hereinafter called an Oil Well Equipment Permit.
97.12.2 REPLACEMENT OF EQUIPMENT.
Except as provided in Section 97.12.3., the provisions of Section 97.12.1. shall be applicable to the replacement or modification of any oil well equipment presently located on any oil well site in the City.
97.12.3 EXEMPTION FROM PERMIT REQUIREMENTS.
a) The provisions of Section 97.12.1. shall not be applicable to maintenance of existing facilities, to the replacement of existing facilities with facilities of comparable size and nature or of a smaller size, or to modifications not involving a substantial change in size or character.
b) The provisions of Section 97.12.1. shall not be applicable to portable equipment placed temporarily on an oil well site or to walls or other barriers placed upon or around a site for the sole purpose of safeguarding against access to the site or minimizing sound emanating from the site. For purposes of this Section, "temporarily" shall mean a period not exceeding two (2) weeks.
c) The provisions of Section 97.12.1. shall not be applicable to any equipment to be placed or constructed on an oil well site located on land which is zoned for commercial or manufacturing uses if no part of such equipment is to be located closer than three hundred (300) feet to the nearest property line of any lot or parcel of land on which a residence is situated or which is zoned for residential use.
97.12.4 SUPERSEDURE OF ARTICLE 4 PROVISIONS.
The provisions of this Article shall supersede the provisions of Article 4, entitled "Combining Oil Districts," of this Chapter 7 in the event of any conflict therein.
97.12.5 PROCESSING PROCEDURE AND CRITERIA.
An application for an Oil Well Equipment Permit shall be processed in the same manner as is provided in Sections 97.11.3 to 97.11.10., inclusive, for Oil Well Drilling Permits.
97.13.1 SECONDARY RECOVERY OPERATIONS DEFINED.
A secondary recovery operation is defined as any operation conducted for the purpose of recovering oil or gas from an underground reservoir by means other than the natural pressure which is indigenous to such reservoir, including but not limited to gas injection, water injection, burning, steaming or any combination thereof.
97.13.2 CONDITIONAL USE PERMIT REQUIRED.
Subject to the provisions of Section 97.13.4., no secondary recovery operation shall be commenced unless and until a Conditional Use Permit has been granted therefor pursuant to the provisions of Section 95.3.36. of this Code. A new Conditional Use Permit should be required for each change in the method of recovery.
97.13.3 TERRITORIAL SCOPE.
Subject to the provisions of Section 97.13.4., the provisions of this Article shall apply to any secondary recovery operation wherein any part of any injection or producing oil well is located in the City or wherein any part of the underground reservoir from which oil is being recovered is located in the City.
97.13.4 EXCEPTIONS.
a) The provisions of this Article shall not apply to any secondary recovery oil operation conducted in accordance with a unit agreement which has been approved by the State Division of Oil and Gas and has been placed in production as a secondary recovery unit operation prior to July 1, 1977; provided, however, that the provisions of this Article shall apply to any such secondary recovery operation in the event that any wells included therein are redrilled or deepened or any new wells for which drilling permits were not issued before July 1, 1977 are drilled or otherwise included therein.
b) The provisions of this Article shall not apply to any well which is drilled, redrilled or deepened pursuant to a formal written order of the State Supervisor of Oil and Gas issued on an emergency basis for the purpose of preserving the public health or safety or conserving the oil or gas in an underground reservoir.
97.13.5 NOTICE.
a) Subject to the provisions of subsection b) of Section 97.13.5., notice of a hearing to be held on an application for a Conditional Use Permit for a secondary recovery operation shall be sent to owners of land, as shown on the last assessment roll, included within a three hundred (300) foot radius of the exterior boundaries of the surface projection of that part of the underground oil reservoir which will be included in or affected by such secondary oil recovery operation.
b) Where a hearing is to be held on an application for a Conditional Use Permit for the drilling of any new wells or the drilling, redrilling or deepening of existing wells for any secondary recovery unit operation placed on production prior to July 1, 1977, notice of such hearing need be sent only to owners of land as shown on the last assessment roll, included within a three hundred (300) foot radius of the exterior boundaries of the drill site from which such new well is to drilled or such existing well is to be redrilled or deepened; provided, however, that the radius of notice shall not be a limitation on the scope of conditions to be imposed on approval of the application.
c) Where a hearing is to be held on an application for a Conditional Use Permit for the drilling of any new wells or the drilling, redrilling or deepening of existing wells for any secondary recovery operation placed on production after July 1, 1977 and for which a Conditional Use Permit has been granted as provided in Section 97.13.2., notice of such hearing need be sent only to owners of land, as shown on the last assessment roll included within a three hundred (300) foot radius of the exterior boundaries of the drill site from which such new well is to be drilled or such existing well is to be drilled or deepened; provided, however, that the radius of notice shall not be a limitation on the scope of conditions to be imposed on approval of the application.
97.13.6 OVERLAY ON ZONING MAP AND OIL MAP.
The surface projection of the underground oil reservoir included within any secondary recovery oil operation for which a Conditional Use Permit shall be issued pursuant to the provisions of this Article 13 and the surface projection of the underground oil reservoir included within any secondary recovery oil operation placed on production prior to July 1, 1977 shall be shown on the Official Land Use Map and on the Combining Oil District Map.
97.14.1 REMOVAL OF FACILITIES.
Except as provided in this Article, all oil wells, gas wells, oil storage tanks, heaters and other oil or gas production facilities (other than refining facilities), shall be completely removed and such wells shall be abandoned by January 1, 1984.
97.14.2 EXEMPTIONS.
a) In the event that any oil or gas well is included in a unit plan for secondary recovery operations approved by the State Division of Oil and Gas, it shall be exempted from the provisions of this Article. The storage tank, heater and other facilities ancillary to such exempted well shall be exempted from the provisions of this Article.
b) All oil wells, gas wells, water injection wells, oil storage tanks, heaters and other oil or gas production facilities located within the Combining Oil Districts designated on the Official Land Use Zoning Maps as O-1, O-2, O-3, O-4 and O-5 (PP) districts shall be exempted from the provisions of this Article.
97.14.3 TWENTY YEAR LIMITATION PERIOD.
a) An oil well, gas well, oil storage tank, heater or other oil or gas production facility shall not be abated in accordance with the provisions of this Article unless and until the oil and gas well which is served by such facility has been on production for a period of twenty (20) years.
b) The period of existence and operation of an oil or gas well shall be conclusively presumed to have continued without interruption from the date on which the well was first placed on production according to the records of the State Division of Oil and Gas.
97.14.4 DETERMINATION OF NONCONFORMING WELLS.
a) As soon as practicable after the adoption of this Article, the City Manager or his designee shall determine which oil or gas production facilities (other than refining facilities) are subject to abatement and the date on which such facilities must be abated by the provisions of this Article and shall send a notice thereof to the owner or operator of each such facility as shown on the records of the License Division of the City’s Finance Department. Such notice shall state the date on which the facility must be abated in accordance with the provisions of this Article.
b) The owner and operator of any such facility may contest the determination of the City Manager by filing an application for a hearing thereon with the Planning Director. Thereafter, the Planning Commission shall give notice and hold a hearing on such determination in the manner provided by Section 95.2.2. of the Code. At the conclusion of the hearing, the Commission shall sustain the determination of the City Manager or substitute its own determination therefor, which determination shall supersede that of the City Manager.
97.14.5 EXCEPTION FOR PERFORMANCE STANDARDS AND APPEALS.
(Amended by O-3096)
a) The Environmental Quality Commission shall grant an exception from compliance with the provisions of Section 97.14.1. for any oil or gas well and attendant production facilities which, in the judgement of the Commission, has met all of the following criteria:
1) The oil or gas well which is served by such facility has produced three hundred sixty-five (365) of more barrels of oil in the twelve (12) month period immediately preceding the month in which such application is made. Ten thousand (10,000) feet of gas shall be the equivalent of one (1) barrel of oil.
2) The facility is being operated and maintained in accordance with the provisions of this Chapter 7.
3) No tank, heater or other above surface building or structure (excluding oil and gas well cellars and pumping units) which is included in such facility is located in the right-of-way of a street or alley as shown in any Master Plan or specific plan of the City or as otherwise required to be dedicated to the City by the laws of the City or State upon the issuance of a building permit; provided, however, that the Planning Commission may grant a waiver of this requirement in any case where the oil operator has proved to the reasonable satisfaction of the Commission that it is impractical and unreasonable hardship on the owner or oil operator to move such tank, heater, building or structure outside such right-of-way.
4) There has been dedicated to the City that part of the property on which such facility is located sufficient to bring the right-of-way of the adjacent street or alley to the width as set forth in any Master Plan or specific plan of the City or as otherwise required by the laws of the City or State upon the issuance of a building permit; and there has been constructed on such facility sidewalk, curb, gutter, make-up pavement and such other street improvements as are required by the general or any specific plan of the City or as otherwise required for the issuance of a building permit; provided, however, that the Planning Commission may grant a waiver of this requirement in any case where the oil operator has proved to the reasonable satisfaction of the Commission that he has made a good faith effort to comply therewith but he is unable to do so for reasons beyond his control.
5) No tank which is included in such facility is located in such proximity to an adjoining lot so as to prohibit the construction of a building or structure on said lot or so as to constitute a fire hazard by reason of the provisions of the City’s Fire Prevention Code or Building Code.
6) The continued use of the subject property for oil and gas production will not be materially detrimental to the property of other persons located in the vicinity of such facility. If the application for the exception shall have met the criteria established in subsections 1), 2), 3), 4) and 5) of this subsection a), then it shall be presumed that the continued use of the subject property for oil and gas production will not be materially detrimental to the property of other persons located in the vicinity of such facility.
7) The continued use of the subject property for oil or gas production will not substantially interfere with the orderly development of the City as provided for in the Land Use Element of the General Plan. If the applicant for the exception shall have met the criteria established in subsections 1), 2), 3), 4) and 5) of this subsection a), then it shall be presumed that the continued use of the subject property for oil or gas production will not substantially interfere with the orderly development of the City as provided for in the Land Use Element of the General Plan.
8) A Precise Plan of the site on which such oil and gas production facility is located shall have been approved by the Planning Commission in accordance with procedures set forth in Article 2, Chapter 6 of this Division 9 (Section 96.2.1. et seq.).
9) Upon approval of a Precise Plan, as provided in 8) above, the period for appeal shall not expire until fifteen (15) days after the determination of the Environmental Quality and Energy Conservation Commission whether or not to grant the initial extension of time for oil well abatement, as provided in b) below. Upon hearing the appeal, the City Council may consider either the Precise Plan or the determination of the Environmental Quality and Energy Conservation Commission, or both. The City Council may refer the matter back to the Planning Commission for further hearing. The Planning Commission may, upon rehearing, impose such other or further conditions as may be reasonable. Any decision of the Planning Commission upon rehearing may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 (Section 11.5.1 et seq.) of this Code.
b) Such extension of time may be granted for a period not more than three (3) years. Successive three (3) year extensions of time shall be granted by the Environmental Quality Commission if the applicant has continued to meet said criteria.
c) The said criteria shall be met at all times during the period for which such exception or extension thereof shall have been granted. In the event that any of the said criteria are not met during said period, the exception or extension thereof may be revoked by the Environmental Quality Commission after a hearing thereon. Notice of the hearing shall be given at least ten (10) days in advance by registered mail addressed to the owner and operator of the oil production facilities in question as shown on the records of the License Supervisor of the City, at the last known address of the owner and operator as shown on said records. The decision of the Environmental Quality Commission may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 (Section 11.5.1. et seq.) of the Code.
97.14.6 EXTENSION OF TIME FOR AMORTIZATION.
a) Upon application by the owner or operator of any oil or gas well and a hearing thereon, the Planning Commission shall grant an extension of time from compliance with the provisions of Section 97.14.1. for any such well and attendant production facilities for such period of time not to exceed ten (10) years as, in the reasonable judgement of the Commission, is necessary to permit the amortization of the cost of such well. The applicant shall have the burden of proving the necessity for such extension of time and the duration of such extension. Such amortization date shall be final regardless of any subsequent sale, lease or other conveyance of such facility or any part thereof or any interest therein.
b) The Planning Commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including but not limited to the depletion and depreciation schedules attached to the owner’s latest federal income tax return.
97.14.7 EXTENSION PROCEDURE.
a) Applicants for an extension of time pursuant to the provisions of Section 97.14.5. shall be processed in accordance with the provisions of Article 2. Chapter 5 of this Division 9 for the processing of applications for a Conditional Use Permit.
b) Applicants for an extension of time shall have the burden of proving their satisfaction of the criteria set forth in Section 97.14.5
97.14.8 REFERENCE TO ENVIRONMENTAL QUALITY COMMISSION.
The Planning Commission may refer any application filed under the provisions of Section 97.14.4. or Section 97.14.6. to the Environmental Quality Commission for study and recommendation.
97.14.9 RESTRICTIONS ON IMPROVEMENT.
Such oil and gas production facilities which are to be removed by January 1, 1984, shall be continued to such date, subject to the following conditions:
a) If the use of such oil or gas production facility is discontinued, the use of such land thereafter shall be subject to the provisions of this Code. Cessation of production for a period of one hundred eighty (180) days or more shall be conclusively deemed to be a discontinuance of use.
b) No oil or gas well shall be deepened or redrilled.
c) No oil or gas production facility shall be added to, structurally altered or enlarged in any manner, except as required by the provisions of this Code or by State law, or in order to bring the facility and its use into conformity with the provisions of this Code pertaining to structures hereafter constructed.
d) Nothing herein shall be construed to preclude routine maintenance of wells and drill sites.
97.14.10 ABANDONMENT OF WELL.
Any well which must be removed in accordance with the provisions of this Article shall be abandoned in conformance with the provisions of the State Division of Oil and Gas, and the storage tank, heater and other oil and gas production facilities, ancillary personal property and ancillary buildings and structures shall be removed from the premises.