Chapter 18.78 — CONSTRUCTION IN THE VICINITY OF ABANDONED OIL WELLS

Editor's note— ORD-25-0019 § 1(Exh. A), adopted Nov. 11, 2025, amended Ch. 18.78 in its entirety to read as herein set out. Former Ch. 18.78, §§ 18.78.010—18.78.270, pertained to similar subject matter and derived from: ORD-22-0033 § 1(Exh. A), 2022; and ORD-21-0018 § 1, 2021.

All construction activities on a privately-owned parcel or tract containing an abandoned oil/gas well or wells shall meet the requirements of this Chapter, and Section 5706.3 of the California Fire Code. Construction activities on a privately-owned parcel or tract with active or idle wells shall comply with Chapter 18.48 of this Code. Construction projects involving assembly uses, caregiving facilities/hospitals, or schools such as those with an "A," "I," or "E" occupancy classification, and all "high rise" structures as defined by the California Building Code shall meet the current CALGEM standards, and Section 5706.3.1.3.1 of the California Fire Code.

(ORD-25-0019 § 1(Exh. A), 2025)

Additions or Modifications. Additions that add less than fifty (50) percent of the existing floor area or modifications to existing structures that alter less than fifty (50) percent of the existing floor area of that structure, and which maintain the "Separation Rule" as defined herein are exempt from the provisions of this Chapter.

(ORD-25-0019 § 1(Exh. A), 2025)

Unless otherwise expressly stated herein, the following words and terms shall, for the purpose of this Chapter, have the meaning set forth in this Section. Where the words or terms are not defined in this Section, Chapter 18.02 of this Code shall apply.

A.

"Applicant" means a permit applicant, developer, owner, permittee, operator, or a representative of the owner who is applying for a building, grading, or any type of permit to construct in the vicinity of an abandoned oil/gas well(s).

B.

"Close Vicinity" means a well located within the Separation Rule of an abandoned well.

C.

"Construction Activity" means construction activity including, but not limited to, grading, paving, and/or structure development, or any electrical installations.

D.

"California Geologic Energy Management Division" or "CALGEM" means the State of California agency, or any successor agency, responsible for overseeing the drilling, operation, maintenance, plugging or abandonment of oil, natural gas, or geothermal wells.

E.

"Operator" means any person drilling, maintaining, operating, pumping, or in control of any well.

F.

"Permittee" means any person or entity seeking to obtain a permit from the City.

G.

"Project Boundary" means the entire proposed construction site, parcel or tract, including the entire area of each and every site, parcel, or tract involved.

H.

"Qualified Professional" means a petroleum engineer currently registered in the State of California and possessing experience in oil/gas well abandonment.

I.

"Separation Rule" means providing ten (10) feet of separation on two sides of the well, fifty (50) feet of separation on the third side of the well, and the remaining side of the well open, with an unobstructed vertical clearance for well service and rig access.

A well will meet the Separation Rule if it meets the above definition or if the applicant can demonstrate the proposed project will maintain appropriate and safe standard/conventional rig access to the well.

(ORD-25-0019 § 1(Exh. A), 2025)

Applicants shall complete the following prerequisite items prior to applying for a building, grading or any type of permit for construction within the project boundary:

A.

Identify all active, idle, or abandoned wells within the project boundary and all off-site active, idle, or abandoned wells within one hundred (100) feet of the proposed onsite structure(s).

B.

Construction Site Well Review. Complete and submit a Construction Site Well Review (CSWR) Application to CALGEM.

C.

Well Safety Evaluation. Prepare a Well Safety Evaluation per Section 18.78.050.

(ORD-25-0019 § 1(Exh. A), 2025)

A well safety evaluation report shall be submitted for wells within the project boundary and off-site wells within one hundred (100) feet of any proposed structure(s). The report shall include the following:

A.

Well Exhibit. A Well Exhibit shall be submitted for review. The Well Exhibit shall contain all of the following elements:

A site plan that illustrates all active, idle, or abandoned wells and the location and function of all existing and proposed development, including, but not limited to, paved surfaces, auxiliary structures, and occupied structures within the property boundary. Off-site wells within one hundred (100) feet of a proposed structure shall also be shown on the site plan;

For wells within the property boundary:

a.

Diagram and description of any wells' drill rig accessibility within twenty-four (24) hours of any emergency. Compliance with the Separation Rule shall be clearly shown. If inaccessible within twenty-four (24) hours, a detailed written plan to provide access, including an approximate minimum time when access will be provided, shall also be required.

(ORD-25-0019 § 1(Exh. A), 2025)

Wells within one hundred (100) feet of the proposed structures, which are not abandoned to any approved current or prior CALGEM standard, shall be abandoned to the current CALGEM standard. The Building Official shall have the authority to approve the well(s) "as-is", approve alternative abandonment methods, or impose appropriate development conditions in accordance with Section 18.03.060.

(ORD-25-0019 § 1(Exh. A), 2025)

Any potential site cleanup shall be under the direction of City of Long Beach Health Officer or designee. Grading and compaction around the well head shall be per the grading permit requirements of the City.

(ORD-25-0019 § 1(Exh. A), 2025)

Building construction projects shall be mitigated in accordance with the requirements of Chapter 18.79 of this Code.

(ORD-25-0019 § 1(Exh. A), 2025)

Upon project plan approval, the Applicant shall fully execute and record an "Indemnification for Construction in the Vicinity of Abandoned Oil Well(s)" in a format required by the City and approved by the City Attorney's Office for any wells that do not meet the current (at the time of property development) CALGEM standards for abandonment and/or maintenance accessibility or building separations.

(ORD-25-0019 § 1(Exh. A), 2025)

Prior to final approval of building, grading or any permit for development within the close proximity to, or over a former oil/gas well, the permittee/applicant shall record a Declaration of Covenant, in a form subject to the review and approval of the City Attorney, putting future owners and occupants on notice of the following: the existence of abandoned oil wells on the site; an acknowledgment that CALGEM may order the re-abandonment of any well should it leak in the future; an acknowledgment that CALGEM does not recommend building over wells; and releasing and indemnifying the City and its various employees and agents for issuing project permits or granting any approvals. The Covenant shall run with the land, apply to future owners or successors in interest, and may only be released by the City in writing. The Declaration of Covenant shall be recorded with the County Recorder's Office prior to the issuance of any permits.

(ORD-25-0019 § 1(Exh. A), 2025)

Well Safety Evaluation review fees consisting of peer review, well head inspection, leak test inspection, and Alternate Materials and Methods of Construction fees for oil well abandonment projects shall be paid in accordance with the latest Master Fee Resolution and City Schedule of Fees.

(ORD-25-0019 § 1(Exh. A), 2025)

Should the developer/applicant decide to discontinue site development, all excavations for any well discoveries shall be restored to their original condition prior to well discovery disturbance.

(ORD-25-0019 § 1(Exh. A), 2025)