§ 17.7

1. Lot Area Requirements

   • a. Except when conducted as an accessory to a residential use of a nonfarm parcel, agricultural uses shall require a minimum area of 20 acres, and no farm parcel shall be subdivided from a parent tract unless it shall meet the minimum area requirement for agricultural uses.

   • b. Farm-parcels under Williamson Act Contract and designated as Agricultural on the General Plan shall be a minimum of eighty (80) acres in size.

   • c. Parcels that are conveyed to or from a governmental agency, public entity, community or mutual water company, or public utility for public purposes shall be exempt from the minimum lot area requirements of this chapter.

   • d. Minimum {ot area requirements for uses established as an accessory use to a primary agricultural use in compliance with conditions of approval of a conditional use permit shall be exempt from minimum lot area requirements.

2. Site Development Minimum Standards

   • a. In addition to the minimum standards established in Table 7.B. of this chapter, development within the Agricultural zone district shall also comply with the special requirements contained in this chapter, Chapter 417.12 (Performance Standards), other applicable City standards, regulations, or ordinances, and the City General! Plan.

Table 7.B Agricultural Site Development Minimum Standards

==> picture [463 x 162] intentionally omitted <==

----- Start of picture text -----

1. Minimum site area | ao acres
   400 feet
   2. Minimum site width, in feet
   800 feet
   3.4. MinimumFront buildingsite depth,setback,in feetin feet | Soret
   5. Side street building setback area, street sides, in feet Tssofect
   6. Rear yard setback, in feet Lsofet
   7. Maximum Floor Area Ratio _- roto
   8. Maximum Building height, in feet rsofest
   ----- End of picture text -----
   

(

CHAPTER 8

CITY OF MARICOPA ZONING ORDINANCE

CHAPTER8

SURFACE MINING AND LAND RECLAMATION REGULATIONS

==> picture [446 x 169] intentionally omitted <==

----- Start of picture text -----

----- End of picture text -----

|

(

| |

i

Surface Mining and Land Reclamation Regulations

‘

(

CITY OF MARICOPA ZONING ORDINANCECHAPTER 8

• 17.8.10 PURPOSE AND INTENT The City recognizes that extraction of minerals is essential to the continued economic well-being and needs of society and that the reclamation of mined lands is necessary to prevent oF minimize adverse effects on the environment and to protect the public health and safety. The City also recognizes that surface mining takes place in diverse areas where the geologic, topographic, piological, and social conditions are significantly different and that reclamation operations and the specifications may vary accordingly. The purpose and intent of this Section is to regulate surface mining operations as authorized by California's Surface Mining and Reclamation Act of 1975 (Public Resources Gode Sections 2710 et seq.), as amended, hereinafter referred to as “SMARA;" and Public Resources Code Section 2207, and the California Code of Regulations adopted pursuant thereto (14 Cal. Code of Regs., Sections 3500 et seq.), fo ensure1. that:Adverse environmental and other effects of surface mining operations will be prevented of minimized and reclamation of mined lands will provide for the beneficial, sustainable long-term productive use of the mined and reclaimed lands; and

• 2. The production and conservation of minerals will be encouraged while eliminating hazards to public health and safety and avoiding OF minimizing adverse effects on the environment, including but not limited to geologic subsidence, air pollution, water quality degradation, damage to biological resources, flooding, erosion, degradation of scenic quality, and noise pollution.

17.8.20 INCORPORATION. OF SMARA AND STATE REGULATIONS The provisions of the California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Sections 2710 et seq.), Public Resources Code Section 2207, and the California Code of Regulations implementing the Act (14 Cal. Code of Regulations, Sections 3500 et seg.), and 14 Cal. Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq., "Reclamation Standards"), hereinafter also referred to as the "State Regulations,” as those provisions may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting thatwhen the provisions of this chapter are more restrictive than conflicting State provisions, this chapter shall prevail.

.

• 47.8.30

• APPLICABILITY 1. Reclamation Plan Unless exempted by the provisions of this chapter, any person who proposes to engage in surface mining, OF who proposes to permit another person to engage in surface mining on his property shall, prior to the commencement of said operations as defined in this Section, first file and obtain approval from the City a Reclamation Plan in accordance with the provisions set forth in this Chapter, as further provided in Sections 2772 et seq. of the Public Resources Code, 14 Cal. Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq.; and financial assurances for reclamation.

• 2. Requirements for Reclamation Plans

i

(

|

CITY OF MARICOPA ZONING ORDINANCECHAPTER 8

• operator acting under contract with the Department ofWater Resources or the Reclamation Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources or the Reclamation Board, is otherwise not in compliance with Public Resources Code Sections 2710 et seq. (Public Resources Code, Sec. 2714(g)(2)).

• An exemption under this Chapter does not automatically exempt a project or activity from the application of other regulations, ordinances OF policies of the City, including, but not limited to application of the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.), the requirement of site approvals or other permits, the payment of development impact fees, or the imposition.of other dedications and exactions as may be permitted under the law.

• 17.8.40 CONTENTS _OF APPLICATIONS FOR SURFACE MINING OPERATIONS AND RECLAMATION PLANS

• . 1. Applications for a Reclamation Plan for surface mining or land reclamation projects shall be made on forms provided by the Planning Department. Said application shall be filed in accord with this chapter and procedures established by the Planning Director.

• 2. As many copies of a Reclamation Plan application as may be required shail be submittedThe Reclamationin conjunctionPlan application with all applicationsshall include for Surfaceinformation MiningconcerningOperations.the mining operation that is required for processing the Reclamation Plan.
• 3. Applications shall include all required environmental review forms and information prescribed by the Planning Director.

• A. Upon completion of the environmental review procedure and filing of all documents required by the Planning Director, consideration of an application for the proposed or existing surface mine shall be completed prior to public hearing before the City Council, pursuant[to][Section] 2774[ of][the][ Public] Resources Code.

• 17.8.50 PROCESSING 1. Within thirty (30) days of acceptance of an application for surface mining operations and/or a Reclamation Plan as complete, the Planning Department shall notify the Director of the California Department of Conservation of the filing of the application (Public Resources Code, Sec. 2774(e)). Whenever mining operations are proposed in the 400-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the Planning Department shall also notify the State Department of Transportation that the application has been received (Public Resources Code, Sec, 2770.5).

• 2. The Planning Department shall process the application through environmental review pursuant to the California Environmental Quality Act (CEQA) (Public

(

CITY OF MARICOPA ZONING ORDINANCECHAPTER 8

• a statement that there have been no changes during the previous year (Public Resources Code, Sec. 2774(e)).

• 8. Annual Reports - Surface mining operators shall forward an annual status report to the Director of the California Department of Conservation and the Planning Department on a date established by the Director of the California Department of Conservation upon forms furnished by the State Mining and Geology Board (Public Resources Code, Section 2207 (a)-(g)).

• 17.8.60 PERFORMANCE STANDARDS FOR RECLAMATION PLANS 1. All new or revised Reclamation Plans shall conform to minimum statewide performance standards required pursuant to Public Resources Code Sec. 2773(b) (14 Cal. Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq.), as adopted by the State Mining and Geology Board, including but not limited to wildlife habitat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage, and waste management.

• 2. The City may impose additional performance standards developed either in review of individual projects, as warranted, or through the formulation and adoption of Citywide performance standards.

;

17.8.70 PHASING OF RECLAMATION

.

Reclamation activities shall be phased with respect to the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance (Public Resources Code, Sec. 2772(f)) (see also, Interim Management Plans for Idle Mining Operations, hereinbelow). Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, orfill, as approved by the City. Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include (a) the beginning and expected ending dates for each phase; (b) all reclamation activities required; (c) criteria for measuring completion of specific reclamation activities, and (d) estimated costs as provided under Financial Assurances hereinbelow.

17.8.80

FINDINGS FOR APPROVAL

• For approval of Reclamation Plans, the following findings shall be required: 1. That the Reclamation Plan complies with Sections 2772, 2773, and 2773.1 of the Public Resources Code and any other applicable provisions,

• 2. That the Reclamation Plan complies with applicable requirements of the State Regulations (14 Cal. Code of Regulations, Sec, 3500 et seq., and 14 Cal. Code of Regulations, Sections 3700 et seq.);
• 3. That the Reclamation Plan and potential use of reclaimed land pursuant to the Plan are consistent with this Chapter, the City's General Plan, and any applicable resource plan or element,

(

(

CITY OF MARICOPA ZONING ORDINANCECHAPTER 8

• engineer and/or other qualified professionals retained by the operator and approved by the Planning Director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved Reclamation Plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved Reclamation Plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee.

• 4. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned py the operator and, consequently, the City or State may need to contract with a third party commercial company for reclamation of the site.
• 5. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed, including any maintenance required (Public Resources Code, Sec. 2772.1{a)(2))-
• 6. The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved Reclamation Plan (Public Resources Code, Sec. 2773.1(a)(3)). The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.
• 7. Revisions to financial assurances shall be submitted to the Planning Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

==> picture [3 x 37] intentionally omitted <==

----- Start of picture text -----
(
----- End of picture text -----

17.8.100 INSPECTIONS The Planning Department shall arrange for inspection of a surface mining operation within six months of receiptof the Annual Report required in Sec. 812.0125, to determine whether the surface mining operation is in compliance with the approved Department Review Permit and/or Reclamation Plan, approved financial assurances, and the State Regulations (Public Resources Code, Sec. 2774(b)). In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a stateregistered geologist, state-registered civil engineer, state-licensed landscape architect, state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, oF other qualified specialists, as selected by the Planning Director and as retained by the City Council. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. The Planning Department shall notify the Director of the California Department of Conservation within thirty (30) days of completion of the inspection that the said inspection has been conducted and shall forward a copy of said

CITY OF MARICOPA ZONING ORDINANCECHAPTER 9

CHAPTER9

OIL AND GAS PRODUCTION

==> picture [446 x 87] intentionally omitted <==

----- Start of picture text -----

----- End of picture text -----

(

(

CITY OF MARICOPA ZONING ORDINANCECHAPTER 9

17.9.10 PURPOSE AND INTENT The purpose of this chapter is to promote the economic recovery of oil, gas, and other hydrocarbon substances in a manner compatible with surrounding land uses and to protect the public health and safety by establishing reasonable limitations, safeguards, and controls on exploration, drilling, and production of hydrocarbon resources. The procedures and standards contained in this Chapter shall apply to all exploration, drilling and production activities related to oil, gas, and other hydrocarbon substances carried out in the City.

(

\

• 17.9.20 UNRESTRICTED DRILLING No review or permit shall be required for the drilling of any steam injection well, steam drive weil, service well, or any well intended for the exploration and development, production, storage, transmission, and treatment, and any accessory Of ancillary equipment, structure, or facilities thereto, of oil, gas, and other hydrocarbon substances in the A (Agriculture), | (Industrial), or DI (Drilling Island) zone districts; or in Section 47.3.50.2 (Permitted Uses in the PE zone district) of the City provided that, j. All drilling installations and operations comply with the requirements of State law and with adopted fire and safety ordinances and regulations of the City.

• 2. Drilling shall not be commenced within one hundred (100) feet of any existing residence without the written consent of the owner thereof.
• 3. Signs shall be limited to directional, warning, and identification signs in connection with oil, gas, OF other hydrocarbon drilling and development operations.

• 4, Disposal of nonhazardous oilfield liquid waste and production water is 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.

• 5. Height limits shall be in accordance with Section 47.10.120 (Height Limitations) except that no height limit shall apply to derricks and other equipment used during the exploration and drilling phase of development notin conflict 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.
  • 17.9.30 DRILLING BY CONDITIONAL USE PERMIT 1. No well for use as an injection well and no well for the exploration and development, production, storage, transmission, and treatment, and any accessory or ancillary equipment, structure, OF facilities thereto, of oil, gas, Or

|

{

CITY OF MARICOPA ZONING ORDINANCECHAPTER 9

(

• City shall be maintained on the site at all times during drilling and production operations.

• 3. No signs, other than directional and warning signs and those required for identification of a well, shall be constructed, erected, maintained, or placed on the premises or any part thereof, except those required by law or by ordinance to be displayed in connection with the drilling or maintenance of a well.

• 4, Sanitary toilet and/or washing facilities, if required by the Kern County Health Department or other governmental agencies, shail be installed and maintained in aciean and sanitary condition during drilling operations, and at such other times as specified by these agencies. ;

• 5. Proven technological improvements generally accepted and used in drilling and production methods shall be employed as they become available if they are capable of reducing nuisances or annoyances.
• 6. All derricks, boilers, and other drilling equipment employed, pursuant to the provisions of this Chapter, fo drill any well hole or to repair, clean out, deepen, or redrill any completed well shall be removed within ninety (90) 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 Planning Director, for the drilling of another approved well(s) on the premises.
• 7. Withinabando n inety (90)ment, earthen days aftersumpsany usw e lld has beenin drilling and/or placed production in production, or(unlessaftersuch its sumps are to be used within a reasonable time as determined by the Planning Director for the drilling of another well(s)) shall be filled and the drilling site restored 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 (90) days after the cleanout or other remedial work is completed. Such restoration work shall comply with all applicable regulations of the California Division of Oil, Gas and Geothermal Resources.
• 8. 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 Planning Director may approve the use of a standard type of derrick.
• 9. Whenever oil or gas is produced into and shipped from tanks located on the premises, such tanks, whenever located within five hundred (500) feet of any residential, commercial, or building used for public assembly, 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 the California Division of Oil, Gas and Geothermal Resources.
• 10. Whenever a well is located within five hundred (500) feet from an existing dwelling unit,either exceptdrilling in or case production of emergency,operations no materials,shall be deliveredequipment,to tools, or removed or pipe from used the for

(

CITY OF MARICOPA ZONING ORDINANCECHAPTER 9

• C. Location of all existing dwellings and buildings used for other purposes, located within five hundred (500) feet of the proposed well holes, identification of the use of each structure, and distances between well holes and existing buildings

• d. North arrow.

6. Narrative description of the proposed development, including: a. Acreage or square footage of the property b. Nature of hydrocarbon development activity c. Description of equipment to be used d. Distance to all existing buildings e. Phasing or development schedule

7. Additional information may be required, as part of an application for a conditional use permit, as provided in Section 17.2.50 of this Title.

17.9.60 PERMIT REVOCATION AND MODIFICATION Any permit issued pursuant to the provisions of this chapter may be revoked or modified pursuant to Section 2.190 (Revocation of Permits) of this Title excepting Section 47.2.190.3.b. in which case the requirements of the California Department of Oil, Gas and Geothermal Resources shall prevail.

{

CHAPTER 10

CITY OF MARICOPA ZONING ORDINANCE

(