Alhambra Municipal Code Ch. 21.04 General Requirements and Administration

The purpose of this title is to prohibit the drilling on the surface or into the subsurface of oil and gas wells, the production of oil and gas and the storing and transportation thereof in the city, except as may be provided herein.

(A) The City Council hereby declares that it is also the object and purpose of this title to establish reasonable and uniform limitations, safeguards and controls for the drilling for and production of oil, gas and other hydrocarbon substances within and under the city. Such limitations, safeguards and controls are found to be necessary in order to protect the citizens, their property rights and the general public of the city and to put into effect practices which will provide a plan for the orderly drilling for and production of oil and gas, which substances are important to the national economy. Such orderly development is necessary and will protect the surface uses and the value and character of residential, commercial and other real property in the city as such uses are set forth in the zoning ordinances and regulations of the city. The City Council recognizes that many of its citizens and property owners have made substantial investments in real property and do not own the mineral rights lying in or under such property and will not profit directly from oil or gas development. Therefore, in order to protect such citizens and their property rights, to protect the owners of mineral rights and to provide for the orderly exploration, development and production of oil and gas, it is necessary to regulate the drilling for and production of oil and gas as set forth in this title.

(B) The City Council hereby finds and deter-mines that the uncontrolled drilling on the surface or into the subsurface for oil and gas and the production thereof in the city would be detrimental to the general welfare of its citizens and residents, and detrimental to the general public peace, health, safety, comfort, convenience and prosperity. The City Council finds and determines that subsurface areas within the city may be explored for oil and gas and, if the substances are found, the same may be produced by directional or slant drilling methods from surface locations within the city, all of which operations must be limited to certain controlled drilling sites hereby established and created in this title. Such controlled drilling sites and the limitations and regulations set forth herein are necessary in order to protect the citizens and residents of the city from oil odors, noise, dust, the spreading of oil, dirt and debris upon the public streets of the city and to protect buildings and structures from vibration, sinking, or other damage caused by the drilling for and production of oil and gas in an unrestricted location and manner.

('86 Code, § 21.04.010) (Ord. 3115, passed - - )

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT; PERMITTEE. Any person, firm or corporation, his, their or its successor in interest and any receiver or trustee thereof.

CONTROLLED DRILLING SITE. The surface location upon which surface operations, incident to oil well drilling or deepening, and the production of oil, gas or other hydrocarbon substances from beneath the surface of real property in the city, whether such surface operations are inside or outside the city, may be permitted under the terms and conditions of this title and as described by the terms and conditions of the permit of the City Council.

DIRECTIONAL DRILLING. The whipstocking or slant drilling of an oil and gas well from a controlled drilling site, more than 5° off vertical.

DRILLING EQUIPMENT. All temporary structures, tanks, equipment and facilities necessary or convenient for the drilling of a well or well hole, including but not limited to wood or steel derricks, portable masts, engines, pumps, temporary fuel and water tanks and other like facilities ordinarily used in connection with the drilling of an oil and gas well.

EXPLORATORY AREA. A described area in the city established by the City Council containing not less than ten acres, the boundaries of which shall follow property lines, public streets, highways or alleys so far as practicable in which subsurface area the oil drilling for and production of oil and gas are permitted only by the person upon whose application the exploratory area is established, or his or its successor in interest. It shall be the subsurface portion of real property or area in which there is likely to be found deposits of oil and gas in which drilling and production operations may be carried on and oil and gas wells bottomed for the production of such substances.

FISCAL YEAR. The fiscal year shall begin on July 1 of each year and end on June 30 of the following year.

OIL WELL. Any well or hole to be drilled from the surface into the earth which is used or intended to be used in connection with the drilling for, prospecting for or production of oil, natural gas, or other hydrocarbon substances. It shall also include a well or hole used for the subsurface injection into the earth of oil field waste, gases, water, or liquid substances, including any well or hole which has not been abandoned and is now in existence. No temporary geological core hole shall be deemed to be an oil well as defined herein.

PRODUCTION EQUIPMENT. All structures, tanks, equipment, and facilities necessary or convenient for the temporary field storage, separating, gauging, handling and shipping of oil and gas and other substances produced from or injected into any well including but not limited to pumps, gauges meters, valves traps and other like facilities ordinarily used in connection with the operation, repair, main-tenance and production of an oil and gas well.

TEMPORARY GEOLOGICAL EXPLORATORY CORE HOLE. A seismic test hole or exploratory core hole drilled, used or intended to be used exclusively for securing geological information or for determination of the location of or production capabilities of oil sands, strata or measures, and which core hole will be fully abandoned upon completion of all evaluations and tests and in any event within 60 days from the time of commencement of actual drilling operations.

('86 Code, § 21.04.020) (Ord. 3115, passed - - )

(A) Drilling without permit. It shall be unlawful to drill any oil or gas well, to produce oil or gas, unless a permit is in full force and effect at all times during such drilling and production operations and the fees have been paid therefor as required in this title.

(B) Separate offense. Any person, whether as principal, agent, employee, or otherwise, violating any provision of this title shall be deemed guilty of a misdemeanor. Each day that any violation of this title continues shall be considered a new and separate offense.

(C) Noncompliance. In the absence of a valid permit then in force, any drilling of an oil or gas well or production of oil or gas from surface drilling sites or locations within the city or from surface drilling sites outside the city by directional or slant drilling into the city, and any building or structure erected, operated or maintained, or any use of property contrary to the provisions of this title, shall be and the same hereby is declared to be unlawful and a public nuisance.

('86 Code, § 21.04.030) (Ord. 3115, passed - - ) Penalty, see § 1.12.010

The location of controlled drilling sites, explora-tory areas, oil wells and seismic testing locations shall be controlled by this title, and nothing contained in Title 23 hereof with respect to zoning shall be deemed to prohibit the selection or use of any such location in any zone within the city.

('86 Code, § 21.04.040) (Ord. 3115, passed - - )

No refinery, tank farm, or commercial absorp-tion plant shall be permitted or allowed within the city.

('86 Code, § 21.04.050) (Ord. 3115, passed - - )