Bakersfield Municipal Code Ch. 15.66 Drilling for and Production of Petroleum

Sections: 15.66.010 Purpose. 15.66.020 Definitions. 15.66.030 Permits. 15.66.040 Well site development standards. 15.66.050 Abandoned and idle wells. 15.66.060 Reserved. 15.66.070 Enforcement. 15.66.080 Development/construction encroachment in petroleum areas.

It is the intent and purpose of this chapter to regulate the drilling, redrilling and recovery of oil, gas and other hydrocarbons, including injection wells, so that these activities may be conducted in a manner that: (A) protects public health, safety and welfare; (B) conforms with established codes and regulations; (C) minimizes the potential impact to property and mineral rights owners; (D) encourages drill site consolidation; and (E) protects the quality of the environment. This chapter provides local regulations for petroleum drilling and production. These operations are also subject to state and federal regulations administered by those agencies. (Ord. 5208 § 1, 2025; Ord. 4058 § 2, 2002; Ord. 3477 § 1, 1992)

The terms set forth in this chapter shall have the meanings herein unless it is apparent from the context that a different meaning is intended.

“Abandonment” means the permanent plugging of a well in accordance with the requirements of the Department of Conservation, Geologic Energy Management Division of the state of California, and the removal of all equipment related to the well, including restoration of the drill site as required by these regulations.

“A.N.S.I.” means the American National Standards Institute.

“A.P.I.” means the American Petroleum Institute.

“A.S.T.M.” means the American Society for Testing Materials.

“Blowout” means the uncontrolled flow of gas, liquids or solids (or a mixture thereof) from a well onto the surface.

“Blowout preventor” means a mechanical, hydraulic, pneumatic, or other device or combination of such devices secured to the top of a well casing including valves, fittings, and control mechanisms connected therewith designed and capable of preventing a blowout.

“Building code” means the most recent edition of the building code as adopted by the city of Bakersfield.

“California Fire Code” or “C.F.C.” means the most recent edition of the California Fire Code as adopted by the City of Bakersfield.

“Cellar” means an excavation in which the wellhead is located.

“Completion of drilling” on a well site is deemed to occur for the purpose of this code upon: (1) initiation of disassembly or removal of the drilling rig from any one well on the drill site; (2) thirty days after setting of a well head on any one well on the drill site; or (3) thirty days after the drilling equipment has been removed from the site. Completion has not occurred if drilling, testing, or remedial operations are resumed on that one well before the end of any thirty-day period.

“Derrick” means any framework, tower or mast together with all the appurtenances to such structure placed over a well for the purpose of drilling, raising or lowering pipe, casing, tubing or other drilling, completion production or injection tools or equipment out of or into the well bore.

“Desertion” means the cessation of operations at a well site where suspension of drilling operations and removal of drilling machinery has occurred where the operator cannot be located or contacted, and no activity has taken place for at least six consecutive months, or production equipment or facilities have been removed and no activity has taken place for at least two consecutive years, unless the CalGEM has granted an extension of time pursuant to their regulations. This definition does not apply to observation wells.

“Geologic Energy Management Division” or “CalGEM” means that division of the Department of Conservation of the state of California.

“Drill” or “drilling” means to bore a hole in the earth for the purpose of completing a well, exploration or testing. Drilling includes all operations through the removal of the drilling equipment from the drill site.

“Drill island” means the discrete area zoned drilling island (DI) district in accordance with Chapter 17.64.

“Drill site” means the land required to be reserved in accordance with Section 15.66.080(C) as part of a rezoning, subdivision or other development for future drilling and/or production operations.

“Dwelling” means any building or portion thereof providing living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking and sanitation, and includes both single-family and multiple- family residential facilities.

“Gas” means the gaseous components or vapors contained in or derived from petroleum or natural gas.

“Grade” (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or, when the property line is more than five feet from the structure, between the structure and a line five feet from the structure.

“Hazardous well” means an oil or gas well that presently poses a danger to life, health, or natural resources as determined by the CalGEM under the provisions of the Public Resources Code.

“Idle well” means a well for which production has been suspended for a minimum of five consecutive years, except any well being held for future programs, including those being retained for use under a secondary or tertiary recovery plan or for disposal, which has been approved by the CalGEM but has not been abandoned or deserted as defined in this code and by the CalGEM. This definition does not apply to observation wells.

“Lessee” means the party possessing the right(s) to drill, develop and produce oil, gas or other hydrocarbons from the subsurface of land with said right(s) being specifically conveyed by a written oil, gas, mineral or surface lease.

“Lessor” means the party owning an interest in and to any oil, gas or other hydrocarbons as may be produced from a tract of land who has conveyed the right(s) to drill, develop and produce said substances to another party (lessee) by a written oil, gas, mineral or surface drilling rights lease. This party may or may not be the surface owner.

“Maintenance” or “maintain” means the upgrading, repair, cleaning, upkeep and replacement of parts of a structure and equipment. Maintenance of a structure does not alter or lessen the character, strength, or stability of the structure.

“N.F.P.A.” means the National Fire Protection Association.

“Noise sensitive receptor” means and includes a land use associated with human activities which is particularly sensitive to noise. Examples of noise sensitive receptors include hospitals, libraries, schools, residential uses, and those uses deemed noise sensitive by the city council or planning commission.

“Observation well” means a well bore for the purpose of observing petroleum reservoir characteristics, including, but not limited to, temperature, saturation, pressure, and fluid movement, as recognized by the CalGEM.

“Operator” means a person, including corporations, partnerships and associations, whether proprietor, lessee, contractor, or agent or officer of the same, in charge of or in control of the drilling, maintenance, and operation of a well or wells as shown on the permit application.

“Petroleum” means and includes any and all hydrocarbon substances found in a natural state, including, but not limited to, crude oil, natural gas, natural gasoline, and other related substances.

“Petroleum lease” means a property right with respect to which a lessee enjoys the right to drill, develop, produce and possess petroleum resources for a determinable period. May also be referenced as a subsurface lease or mineral rights lease.

“Production operation” means and includes all oil or gas recovery activities following completion of drilling, redrilling or testing of a well.

“Public assembly” refers to a building, structure or site, or portion thereof, for the gathering together or accommodation of fifty or more persons for such purposes as deliberation, education, worship, entertainment, lodging, medical care, amusement, drinking and dining, or awaiting transportation.

“Redrilling” means any drilling operation, including deviation from original well bore, to recomplete the well in the same or different geologic zone, excluding sidetracking.

“Remedial” means any work on a well, other than drilling or redrilling.

“Sidetracking” means drilling, excluding substantial deviation from the original well bore to recomplete a well in the same or different geologic zone.

“Sump” means a lined or unlined, covered or uncovered excavation pit which holds petroleum or other liquids incidental thereto, or solids associated with drilling or production operations.

“Tank” means a structure or container, with a minimum volume of sixty gallons, used in conjunction with either the drilling or production of a well used for holding, storing, or treating liquids or solids, or otherwise associated with drilling or producing operations.

“Well” means any hole drilled into the earth for the purpose of exploring for or producing oil or gas; injecting fluids or gas for stimulating oil or gas recovery; repressuring or pressure maintenance of oil or gas reservoirs; disposing of oil field waste fluids; seismic testing; or any hole drilled into the earth within or adjacent to an oil or gas pool for the purpose of observation of subsurface conditions.

“Well servicing” means and includes remedial or maintenance work or work performed to maintain or improve production from an already producing facility.

“Well site” means that surface area used for oil or gas drilling or extraction operations, for injection purposes in enhanced petroleum recovery operations after drilling is completed and oil and gas recovery activities following completion of drilling or redrilling of a well. A well site may include one or more wells. (Ord. 5208 § 1, 2025; Ord. 5086 § 1, 2022; Ord. 5020 § 13, 2020; Ord. 4715 § 1, 2012; Ord. 4058 § 2, 2002; Ord. 3477 § 1, 1992)

A. No person shall drill, operate or maintain any well or well site for petroleum, natural gas, or related drilling, nor operate or maintain any production operation without first obtaining a permit. Applications for drilling/ production permits shall be made in writing to the director of prevention services, or designee, on such forms as provided by the director. Permits are classified as follows:

1. Class 1. The well site and/or production operation is:

a. Within an area zoned for residential development; or

b. Located less than five hundred feet from a dwelling except those for use by a caretaker or night
security on the same parcel, or public assembly as defined in this chapter.

2. Class 2. The well site and/or production operation is:

a. Within an area zoned for commercial, light manufacturing or open space; or

b. Located between five hundred and one thousand feet from a dwelling unit except those for use by a
caretaker or night security on the same parcel, or public assembly as defined in this chapter, provided no
well or related structure for production is located less than five hundred feet from said uses.

3. Class 3. The well site and/or production operation is:

a. Within an area zoned for general manufacturing, heavy manufacturing, or agricultural, or is within
the primary floodplain pursuant to the restrictions in subsection B of this section, or the secondary
floodplain, provided no well or related structure for production is located less than five hundred feet
from a dwelling except those for use by a caretaker or night security on the same parcel, or public
assembly as defined in this chapter; or

b. Located within the state approved boundaries of the following state designated oil fields as defined
by the state CalGEM, regardless of the zone district or distance from dwellings or public assembly uses
as defined in this chapter:

i. Kern River oil field (CalGEM Map 457);

ii. Kern Bluff oil field (CalGEM Map 439);

iii. Portion of the Fruitvale oil field encompassing Sections 14 (west of State Highway 99), 21 (south
of Meany Avenue), 22 (except Tracts 6003 and 6042), 23 (west of State Highway 99), 26 (north of the
Cross Valley Canal and west of State Highway 99), 27 (north of the Cross Valley Canal), and 28 (east
of the Friant-Kern Canal), all within T29S, R27E (CalGEM Map 435);

c. An area zoned DI (drilling island district) zone or PE (petroleum extraction combining district) zone.

B. Well sites and/or production operations shall be prohibited in the following areas in the city: primary floodplain of the Kern River, except that area located within the state approved boundary of the Kern River oil field as delineated on Map 457 of the CalGEM.

C. Drilling by Conditional Use Permit. Class 1 permits shall not be issued until a conditional use permit is granted by the planning commission pursuant to Chapter 17.64, Modifications, Conditional Use Permits, Amendments and Appeals, except that a conditional use permit shall not be required for any well on a lot within an approved tentative or recorded subdivision map that is specifically identified as a drill site for the extraction of petroleum, gas, and/or other hydrocarbons. Any conditions required under the conditional use permit shall be in addition to those imposed by this chapter for a Class 1 permit. The planning commission may modify any condition set forth in the development standards and conditions if it determines that there will be no material detriment to the public welfare or safety of persons and property located within a reasonable distance of such a well.

1. In addition to the application requirements for a conditional use permit pursuant to Chapter 17.64,
Modifications, Conditional Use Permits, Amendments and Appeals, an applicant shall also submit the
following:

a. A plot plan or site development plan drawn at the scale specified by the planning director, which
includes the following information:

i. Topography and proposed grading.

ii. Location of all proposed well holes and related accessory equipment, structures, and facilities
to be installed and any abandoned wells if such are known to exist.

iii. Location of all existing dwellings and buildings used for other purposes, located within three
hundred feet of the proposed well holes, identification of the use of each structure, and distances
between well holes and existing buildings.

iv. North arrow.

b. Narrative description of the proposed development, including:

i. Acreage or square footage of the property.

ii. Nature of hydrocarbon development activity.

iii. Description of equipment to be used, including height of derrick.

iv. Distance to all existing buildings.

v. Phasing or development schedule.

c. A copy of the letter, other official documentation, or copy of website search from CalGEM containing the name and address of the operator of record, if any, as shown in CalGEM records as of thirty days prior to the date the conditional use permit application is submitted to the planning department or a written statement from CalGEM that there is no party of record with CalGEM relative to the subject site.

d. Additional information may be required, as part of an application for a conditional use permit, as
provided in Chapter 17.64, Modifications, Conditional Use Permits, Amendments and Appeals.

2. Notice of the public hearing shall be expanded to include property owners within one thousand feet of
the property line containing the well site subject of the hearing and the operator of record as shown in
CalGEM records as of thirty days of the date of application for a conditional use permit.

3. If a producing well or service well is not commenced upon land subject to the terms of the conditional
use permit, or within any extended period thereof, the conditional use permit shall expire and the premises
shall be restored as nearly as practicable to its original condition. No permit shall expire while the permittee is
continuously conducting drilling, redrilling, completing or abandoning operations, or related operations, in a well on the lands covered by such permit, where operations were commenced while said permit was
otherwise in effect. Continuous operations are operations suspended not more than thirty consecutive days.

4. Any permit issued pursuant to the provisions of this subsection may be revoked or modified pursuant to
Section 17.64.060(I).

D. The owner or operator of any well permitted by this chapter shall provide the director of prevention services, or designee, a copy of the written notice to CalGEM of the sale, assignment, transfer, conveyance, or exchange by the owner or operator of the well within thirty days after the sale, assignment, transfer, conveyance, or exchange. In addition, the owner or operator shall also acknowledge that they have notified the new owner or operator of all existing terms and conditions of the city’s permit.

E. Modification to any standards in this chapter may be approved by the planning director pursuant to the provisions of Chapter 17.64.

F. Every permit issued by the director of prevention services, or designee, under the provisions of this chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one year from the date of such permit. Before such work can be recommenced, a new permit shall be first obtained to do so, to determine if the permit classification as defined in subsection A of this section has changed.

G. The director of prevention services, or designee, may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is

issued in error on the basis of incorrect information supplied by the applicant which results in there being a violation of any ordinance or regulation or any of the provisions of this chapter.

H. Any city official or employee, for the purpose of reviewing a permit application, transfer of operation/ ownership, complaint, compliance or any other investigation pursuant to the chapter, shall have the right to enter upon the premises for inspection provided they give prior notice of such to the operator.

I. Well sites and production operations established prior to September 19, 1992, may continue to operate pursuant to permits issued for them, and shall be exempt from the new provisions of this chapter. However, significant changes or modifications that necessitate new permits as required by the director of prevention services, or designee, or the planning director, shall be required to comply with the provisions of this chapter or obtain modifications as permitted in subsection E of this section.

J. The city may impose fees to offset the costs associated with permit processing and condition monitoring pursuant to Chapter 3.70.

K. Attainment of permits pursuant to this chapter does not relieve the applicant of the responsibility in obtaining permits as required by law from other local, state or federal agencies. All required federal, state, county, and city rules and regulations shall be complied with at all times including, but not limited to, the rules and regulations of the following agencies:

1. Geological Energy Management Division;

2. City of Bakersfield fire department;

3. Kern County health department;

4. Regional Water Quality Control Board;

5. San Joaquin Valley Unified Air Pollution Control District. (Ord. 5208 § 1, 2025; Ord. 5086 § 2, 2022; Ord.
5020 § 14, 2020; Ord. 4674 § 1, 2012; Ord. 4558 § 1, 2009; Ord. 4058 § 2, 2002; Ord. 3849 § 1, 1998; Ord. 3477
§ 1, 1992)

A. Class 3 Permits—Development Standards.

1. Setbacks. No petroleum well shall be drilled, nor shall any storage tank and other production related
structures be located within:

a. Seventy-five feet of the right-of-way of any dedicated public street, highway, railroad or private
street, or adopted specific plan line of any street or highway;

b. One hundred feet of any building, including dwellings, except buildings incidental to the operation
of the well;

c. Three hundred feet of any public assembly as defined in this chapter;

d. Twenty-five feet of a storage tank or boilers, fired heaters, open flame devices or other sources of
ignition pursuant to the California Fire Code

2. Fire Safety. All drilling and production activities shall be subject to all fire and safety regulations as
required by the director of prevention services, or designee, pursuant to the California Fire Code Blowouts,
fires, explosions and other life threatening or environmental emergencies shall be reported immediately to
the director of prevention services, or designee, and CalGEM.

3. Geologic Energy Management Division. All drilling and production operations shall be subject to all
regulations of the CalGEM.

4. Production Operations. For producing sites, only storage of hydrocarbon production, vapor recovery on
storage vessels, dehydration and separation of produced hydrocarbon products and other processes
associated with production are permitted unless otherwise required by the CalGEM. All derricks, boilers, and
other drilling equipment employed, pursuant to the provisions of this chapter, to drill any well hole or to
repair, clean out, deepen, or redrill any completed well shall be removed within ninety days after completion
of production tests following completion of such drilling or after abandonment of any well, unless such
derricks, boilers, and drilling equipment are to be used within a reasonable time, as determined by the
director of prevention services, or designee, for the drilling of another approved well(s) on the premises.

5. Signs. Signs relating to drilling and/or production operations shall be limited to directional and warning
signs, and signs for identification of wells and facilities as required by the California Fire Code and CalGEM to
ensure employee and public safety. Signs not related to said operations shall be subject to the provisions of
Chapter 17.60.

6. Sanitary Facilities. Sanitary toilet and washing facilities shall be installed and maintained at any well site
and/or production operation where personnel are stationed pursuant to the Kern County health department.

7. Equipment Storage. There shall be no storage at the well site of material, equipment, machinery or vehicles which is not intended for prompt use in connection with petroleum operations. Any equipment or machinery not used for a consecutive period of more than sixty days shall be removed from the site unless a longer period is approved by the director of prevention services, or designee, or the zone district in which it is located permits such storage.

   8. Derricks. Drilling derricks, if idle for a consecutive period of more than sixty days, shall be lowered and removed from the site unless a longer period is approved by the director of prevention services, or designee. Any derrick used for servicing operations shall be of the portable type, unless proof is provided that the well is of such depth or has some other characteristics such that a portable type derrick will not properly service such well. In that instance, the director of prevention services, or designee, may approve the use of a standard type of derrick.

   9. Grading and Drainage. Unless otherwise required by the State Department of Fish and Game or the U.S. Fish and Wildlife Service for those areas that they deem environmentally sensitive, well sites, including vehicle parking and maneuvering areas, shall be graded in a manner so that ponding will not occur. Within ninety days after any well has been placed in production, or after its abandonment, earthen sumps used in drilling and/or production (unless such sumps are to be used within a reasonable time as determined by the director of prevention services, or designee, for the drilling of another well) shall be filled and the drilling site restored as nearly as practicable to a uniform grade. Normal wetting or other dust control procedures shall be employed throughout the grading period to control dust. Upon completion of grading, the site shall be compacted and all graded surfaces either paved, covered with gravel or aggregate base, treated with a dust binder, or other method approved by the director of prevention services, or designee. The Regional Water Quality Control Board may have some jurisdiction relative to drainage and water quality.

   10. Waste. Drainage containing drilling muds, cuttings, wastewater, waste oil, grease and other oilfield wastes found to be hazardous associated with drilling and/or production including servicing, shall not be discharged into or upon any streets, canals, storm drains or flood control channels. These wastes shall be contained in leak-proof containers, lined earthen sumps or other method as approved by the State Regional Water Quality Control Board, to prevent contamination of potable groundwater supplies. Waste areas shall be cleaned at intervals as required by the director of prevention services, or designee, with all wastes disposed of at an appropriate authorized disposal site as regulated by the state of California.

   Facilities for disposal of nonhazardous oilfield liquid waste, production water and USEPA Class II wastes are considered an accessory facility only if the facility complies with the following:

   a. The nonhazardous oilfield liquid waste or production water is produced and disposed of within the

   same designated oilfield; or

   b. The nonhazardous oilfield liquid waste or production water disposed of outside the designated oilfield of origin is produced by and disposed of solely and only by the same individual, corporation, or entity.

   11. Light and Glare. Lighting shall be limited to that necessary for safety and security purposes and shall be directed away from adjacent properties and road rights-of-way. All flares shall be shielded from adjacent properties and road rights-of-way.

   12. Blowouts. Protection against blowouts shall be provided in accordance with the CalGEM and California Fire Code

   13. Storage Tanks. Storage tanks shall be in accordance with the CalGEM and California Fire Code Whenever oil or gas is produced into and shipped from tanks located on the premises, such tanks, whenever located within five hundred feet of any dwelling or commercial building, shall be surrounded by shrubs or trees, planted and maintained to provide attractive landscaping or be fenced in such a manner as to, insofar as practicable, screen such tanks from public view. Such fencing shall comply with the requirements of CalGEM.

   14. Height. The height of all pumping units, excluding derricks, shall not exceed a height of thirty-five feet. All other structures shall be regulated by the zone district in which they are located. All heights of structures shall comply with Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration, Department of Transportation, or any corresponding rules or regulations of the Federal Aviation Administration, as amended.

   15. Site Condition. The well site and all associated structures shall be maintained in a neat and clean condition at all times. Proven technological improvements generally accepted and used in drilling and production methods shall be employed as they become available if they are cost effective in reducing nuisances or annoyances. Pumping units and storage tanks shall be painted. Pumping wells shall be operated by electric motors or muffled internal combustion engines.

   16. Air Quality. Flaring, venting and odor control shall be subject to the regulations of the San Joaquin Unified Air Pollution Control District, CalGEM and California Fire Code

   17. Building Permits. Building permits, as required by the city building official, shall be secured for all permanent structures to be used in connection with the production and processing of hydrocarbon or related substances in conformance with the building code. Electrical permits shall be required for all electrical connections for drilling and/or pumping units if electrical motors are utilized.

   18. Vibration. Vibration from equipment shall not create a nuisance or hazard to nearby land uses.

   19. Site Restoration. Site restoration shall commence within ninety days upon completion of all drilling and/ or production activities or upon abandonment of the well site. Well abandonment will be conducted in accordance with the regulations of the CalGEM. Before final abandonment, all drilling/production equipment shall be removed from the site. Fences shall be dismantled, all signage removed, and the site regraded so as to break up impermeable surfaces and fill in all sumps to restore the site as nearly as practicable to a uniform grade. Temporary earthen sumps may be used for clean-out or remedial work on an existing well or other production facility. However, these sumps shall be filled and the site restored as nearly as practicable to a uniform grade within ninety days after the clean-out or other remedial work is completed. The Regional Water Quality Control Board also has additional jurisdiction over sumps. Prior to filling of sumps, all waste shall be cleaned and disposed of at an appropriate authorized disposal site as regulated by the state of California. Waste cleanup shall be to the satisfaction of the Kern County department of environmental health. The site shall be restored to the surrounding condition, or to the satisfaction of the State Department of Fish and Game or U.S. Fish and Wildlife Service for those areas that they deem environmentally sensitive. Site restoration activities shall be completed within ninety days of commencement. Failure of permittee to comply with the site restoration within a period of ninety days following the termination of any oil or gas exploration activity or the abandonment of an existing well shall be called to the attention of the permittee by a registered letter addressed to permittee at the permittee’s address as shown on the permit application. If, at the end of thirty days after mailing of such letter, no steps have been taken to comply with said provisions of this section, the city shall proceed to effect said restoration. Permittee shall be liable for all costs incurred by the city and no additional permit shall be issued a permittee until payment of all such costs has been made.

   20. Floodplain Development. The director of prevention services, or designee, shall coordinate with the city building official to ensure wells drilled in the primary or secondary floodplain are consistent with the city’s involvement in the National Flood Insurance Program and with the requirements of the State Department of Water Resources and Regional Water Quality Control Board.

   21. Vehicles. All vehicle parking and maneuvering areas shall be treated and maintained with oiled sand or a similar dust binding material consistent with regulations of the local air pollution control agency.

8. Fencing. Permanent chain-link fencing a minimum of six feet, but not to exceed eight feet in height with solid screening, shall be installed encompassing the entire well site as approved by the director of prevention services, or designee. At least three strands of barbed wire shall be mounted on top of the fence. This fence shall be constructed of chain link with wood or metal slats or other screening materials as may be approved by the director of prevention services, or designee. This fencing and screening requirement shall apply only to those pump sites located within five hundred feet of any dwelling or in an OS (open space) zone. Such fencing shall comply with the requirements of the CalGEM. The front yard and side yard setbacks of the zone district in which it is located shall regulate the location of fencing.

B. Class 2 Permits—Development Standards.

1. Class 3 Requirements. In addition to the following development standards, Class 3 permit development
standards set forth in subsection A of this section shall apply to all Class 2 permits.

2. Off-Site Improvements. Where adjacent properties are similarly improved, within one hundred eighty days
of commencement of commercial production or one year from the completion of drilling of any well on the
well site, off-site improvements including street paving, curbs, gutters, sidewalks, and related dedications for
such improvements shall be completed in accordance with the requirements of the city public works director.

3. Noise. Noise levels from any drilling and/or production operation shall not exceed sixty-five dBA CNEL at
the property line of a noise sensitive receptor, except in a case of emergency. Exterior noise levels generated
by drilling, redrilling, or production operations shall be monitored as required by the city building official to
ensure conformance to the noise level standards. The costs of such monitoring shall be borne by the
operator conducting such operation. Records of the results of monitoring shall be maintained and provided
to the city building official upon request.

4. Pipelines. Pipelines utilized for all petroleum related operations shall be buried at a minimum of three
feet below grade.

C. Class 1 Permits—Development Standards.

1. Class 3 Requirements. In addition to the following development standards, Class 3 permit development
standards set forth in subsection A of this section shall apply to all Class 1 permits.

2. Fencing. A solid masonry wall a minimum of six feet, but not to exceed eight feet in height of a color approved by the decision-making authority consistent with adjacent or nearby development, shall be installed encompassing the entire well site. Any additional fencing required by the CalGEM shall be inside the area enclosed by the wall. The front yard and side yard setbacks of the zone district in which it is located shall regulate the location of the wall.

   3. Landscaping. Landscaping shall be required along all street frontages of the well site and around well site pursuant to Chapter 17.61 as required by the decision-making authority under the approved conditional use permit. Landscape and irrigation plans shall be submitted for approval to the decision-making authority. Landscaping shall be designed to camouflage the full height of petroleum related structures, with the exception of derricks, and create an aesthetically pleasing environment managed in a healthy condition.

   4. Off-Site Improvements. Where adjacent properties are similarly improved, within one hundred eighty days of commencement of commercial production or one year from the completion of drilling of any well on the well site, off-site improvements including street paving, curbs, gutters, sidewalks, and related dedications for such improvements shall be completed in accordance with the requirements of the city public works director.

   5. Vehicle Routes. Vehicles associated with drilling and/or production in excess of three tons shall be restricted to those public roads specified by the city public works director.

   6. Work Hours. Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation, and other related work conducted on the well site shall be limited to between the hours of seven a.m. and six p.m. Monday through Saturday, and prohibited on Sunday and all legal holidays, except in cases of fires, blowouts, explosions and other emergencies where the director of prevention services, or designee, and CalGEM were notified. Drilling activities shall be permitted twenty-four hours a day.

   7. Noise. No drilling, producing, or other operations (including workover operations) shall produce noise at the property line of a noise sensitive receptor in excess of the following standards, with respect to these basic reference levels: Basic Reference Levels 7:00 a.m. to 10:00 p.m. 55 dBA 10:00 p.m. to 7:00 a.m. 50 dBA

a. Noise measurements and acoustical analysis shall be conducted by a qualified acoustical consultant experienced in the fields of environmental noise assessment and architectural acoustics. All costs associated with said measurements and analysis shall be borne by the permittee. Frequency of monitoring shall be determined by the planning director.

b. All parts of a derrick above the derrick floor including the elevated portion thereof used as a hoist,
shall be enclosed with fire-resistive soundproofing material. Such soundproofing shall comply with
accepted A.P.I. standards and shall be subject to fire department regulations. All doors and similar
openings shall be kept closed during drilling operations, except for ingress and egress and necessary
logging, testing and well completion operations. Alternative materials or methods of soundproofing may
be used; provided, that such alternative has been approved by the decision-making authority. The
decision-making authority may approve any such alternative if they find that the proposed material and
method have equal sound proofing properties and fire resistive qualities to the aforesaid specifications.
Either may require the submission of evidence to substantiate any claims that may be made regarding
the use of such alternative.

8. Pipelines. Pipelines utilized for all petroleum related operations shall be buried a minimum of three feet
below grade. (Ord. 5208 § 1, 2025; Ord. 5086 § 3, 2022; Ord. 4715 § 1, 2012; Ord. 4558 § 2, 2009; Ord. 4058
§ 2, 2002; Ord. 3477 § 1, 1992)

A. Abandoned Wells. The surface area of the site shall be returned to its natural condition including but not limited to cleaning all oil, oil residues, drilling fluids, muds and other substances; leveling, grading or filling of sumps, ditches, and cellars including removal of all lining materials to the satisfaction of the CalGEM. The permittee shall also be responsible for repairing any streets, sidewalks or other public property that may have been damaged in connection with any operation on the site, except for ordinary wear and tear of said improvements, to substantially the same or better condition as existed before operations commenced as determined by the city public works director.

B. Idle Wells. Whenever a well becomes idle as defined in this chapter, the director of prevention services, or designee, shall send notice thereof by registered mail, to the surface owner, mineral rights owner and lessee of land as shown on the latest equalized assessment roll of the county, and permittee, that a request to abandon the well will be sent to the CalGEM unless operations are resumed or that the operator provides verification that the well is under the CalGEM’s idle well program. If there is no response to said notice within ninety days of the receipt of the notice, or the extension of time expires, the director of prevention services, or designee, shall request the CalGEM to commence abandonment proceedings.

C. Deserted Wells. As defined in this chapter, the director of prevention services, or designee, may request that the CalGEM commence abandonment proceedings. (Ord. 5208 § 1, 2025; Ord. 5086 § 4, 2022; Ord. 4058 § 2, 2002; Ord. 3477 § 1, 1992)

A. It shall be the duty of the director of prevention services, or designee, to enforce the provisions of this chapter.

B. Any structure erected or maintained, or any use of property, contrary to the provisions of this chapter shall be, and the same is, unlawful and a public nuisance, and the director of prevention services, or designee, in conjunction with the city attorney shall immediately commence actions and proceedings for the abatement, removal and enjoinment thereof in the manner provided by law. Violators will be liable for all enforcement costs incurred by the city.

C. This chapter may also be enforced by injunction issued out of Superior Court upon suit of the city, or the owner or occupant of any real property affected by such violation.

D. Permits issued in conflict with the provisions of this chapter shall be null and void. (Ord. 5208 § 1, 2025; Ord. 4058 § 2, 2002; Ord. 3477 § 1, 1992)

A. On-Site Petroleum Facilities. Where a developer proposes to subdivide, rezone or otherwise develop property which contains existing drilling and/or production operations including disposal wells, the developer shall provide a plan showing how all existing petroleum related facilities will be protected and integrated into the proposed development so as said facilities will satisfy the development standards pursuant to this chapter including, but not limited to, setbacks. The developer shall also submit a plan of the ultimate use of the land after cessation of petroleum operations and abandonment of the wells. Any buildable lot containing an area which may not be built upon because of development standard compliance of the petroleum facilities shall be encumbered by the developer with a deed restriction specifying the area so encumbered and identifying the name and location of the well causing the encumbrance. If a final map is required, the subdivider shall record a covenant affecting all real property within the subdivision that is within five hundred feet of the petroleum facilities. Said covenant shall disclose the existence and location of the petroleum facilities. The encumbrance or covenant shall be approved by the city attorney prior to recordation. The covenant shall be recorded concurrently with the final map.

B. Location. Tentative maps, planned development and other development plans submitted to the city shall show the location of all wells drilled on the property based on public records. Prior to development of an area, any well shown as abandoned shall be accompanied by written verification from the CalGEM that the well was properly abandoned pursuant to its regulations. Any well thereafter abandoned shall also be accompanied by written verification from the CalGEM. Development shall be designed such that the city building official is satisfied that no structure will be built within ten feet of any well that has been properly abandoned pursuant to CalGEM requirements, except as provided in subsection D of this section. Any lot or parcel containing an abandoned well shall be encumbered with a deed restriction specifying the exact location of such well and prohibiting any construction within said ten-foot area. Said encumbrance shall run with the land and be approved by the city attorney prior to recordation. If a final map is required, said encumbrance shall be recorded concurrent with the final map. The CalGEM, at its discretion, may also require that any abandoned well be uncovered, tested for leakage, require remedial work on leaking wells, and accurately located on the final map before said map is recorded.

C. Drilling Site. Lands may be reserved as part of a rezoning, subdivision or other development for future drilling and/or production operations as drilling sites. Such sites shall be no less than two net acres in size and have a minimum lot frontage and width of three hundred five feet, configured so that the proposed development and petroleum activities can be adequately buffered from one another, provide for adequate ingress and egress, and shall be accompanied with a plan of the ultimate use of the site after abandonment or decision not to pursue petroleum operations. If a final map is required, the subdivider shall record a covenant disclosing the existence and location of the drilling site. Said covenant shall be recorded to affect all real property within the subdivision that is within five hundred feet of the drilling site. Said covenant shall be approved by the city attorney and recorded concurrent with the final map. Future drilling and/or production operations shall be required to acquire necessary permits as well as satisfy all well site development standards pursuant to this chapter.

D. Development/Construction over or within ten feet of a CalGEM Classified/Identified Plugged and Abandoned Dry Hole.

1. Construction over or within ten feet of a CalGEM classified/identified plugged and abandoned dry hole
shall only be allowed for structure(s) as follows:

a. Structure(s) used for non-human habitation only, pursuant to California Civil Code Section 1941.1, as
that section is amended from time to time; and

b. Structure(s) in the M-1, M-2 and M-3 (including nesting uses other than C-O, C-1, and C-2).

2. No earlier than one year prior to construction over or within ten feet of a CalGEM classified/identified
plugged and abandoned dry hole, which deadline can be extended at the city manager’s discretion, applicant
shall comply with all the following:

a. Provide city with proof of ownership, assignment, transfer, or compliance with CalGEM orphaned
process of plugged and abandoned dry hole.

b. Provide city with a certified written report from a California licensed professional engineer or
geologist (qualified and experienced with plugged and abandoned dry holes) at applicant’s sole cost
which can be peer reviewed at city’s discretion, also at applicant’s sole cost and expense, that:

i. Demonstrates that the plugged and abandoned dry hole will not reasonably pose any significant risk to public health, safety, welfare or the environment; and

ii. Provides necessary measures, if any, to mitigate any reasonable long-term significant risks
once the structure is constructed; and

iii. Includes leak testing in accordance with CalGEM requirements, as amended from time to time.

c. Executes and records an indemnity agreement in favor of the city for the non-human inhabited
structure(s) that also includes all of the following:

i. A declaration of covenant identifying the location and ownership interests of the plugged and
abandoned dry hole; and

ii. Proof from CalGEM that the plugged and abandoned dry hole was properly plugged and
abandoned pursuant to current CalGEM regulations.

3. All development/construction over a CalGEM classified/identified plugged and abandoned dry hole shall
include vent cone installation in accordance with current industry standards and approved by the city fire
marshal.

4. Applicant shall comply with all applicable laws, including the Public Resources Code, and any other
CalGEM requirements. (Ord. 5208 § 1, 2025; Ord. 5086 § 5, 2022; Ord. 4058 § 2, 2002; Ord. 3477 § 1, 1992)