McFarland Municipal Code Ch. 17.140 Oil and Gas Production

A. It is declared to be the purpose of this chapter to establish reasonable limitations, safeguards and controls with respect to the future drilling for, development and production of oil, gas and other hydrocarbon substances within the city.

B. Such limitations, safeguards and controls are deemed necessary in the public interest to insure practices which will permit the economic recovery of the maximum amount of oil, gas and other hydrocarbon substances but which will also take into consideration the surface uses of land as such uses are indicated by the value and character of the existing improvements in or near localities where oil and gas operations are conducted, the desirability of the area for residential or other uses, and other factors relating to the public health, safety and general welfare.

C. It is recognized that in regulating the surface use of land for the development of such natural resources it is in the public interest that such regulations be of a character designed to impose the minimum burdens consistent with the maximum enjoyment of each use.

(Ord. 109 § 31.00, 1969)

Notwithstanding the provisions of any other part of this title, oil wells or well holes for the exploration for, development and production of oil, gas and other hydrocarbon substances may be drilled, operated and maintained, together with the installation and use of such equipment, structures and facilities as are necessary or convenient for such purposes, including but not limited to the initial separation of the oil, gas and water, and for the storage, handling, recycling and transportation of such oil, gas and water to and from the premises in the city, and the owner or operator thereof shall not be required to obtain any permit or variance as a condition precedent therefor, except as provided in this chapter. However, a variance may be granted to the provisions of this chapter according to the provisions of Chapter 17.148.

(Ord. 109 § 31.01, 1969)

In the M-3 general manufacturing zone, the A-2 general agricultural zone and the A-1 light agricultural zone, the following conditions shall apply: No review or permit shall be required for the drilling of any well hole for the exploration for, development and production of oil, gas and other hydrocarbon substances, or the installation of equipment, structures and facilities incidental thereto provided that all drilling installations and operations shall conform to state law and to fire and safety ordinances or regulations of the county and the city in force and effect and applicable; provided, further, that drilling shall not be commenced within one hundred feet of any residence then in existence without the written consent of the owner thereof.

(Ord. 109 § 31.02, 1969)

In the R-1 one-family dwelling zone, R-2 two-family dwelling zone, R-3 limited multiple-family dwelling zone, R-4 multiple-family dwelling zone, R-S suburban residential zone, E estate zone, E-1 estate zone, E-2 estate zone, E-3 estate zone, E-4 estate zone, E-5 estate zone, E-6 estate zone, E-7 estate zone, C-O professional office zone, C-1 neighborhood commercial zone and C-2 commercial zone, the following conditions shall apply:

No person, firm or corporation shall conduct the drilling of any well, hole or holes for the exploration for, development and production of oil, gas and other hydrocarbon substances, or install any equipment, structures and facilities incidental thereto, in or upon lands within the zones specified in this section without first having applied for and obtained, by payment of the fee provided in this chapter, a conditional use permit from the planning commission so to do. No plant for the refining of petroleum products from such operation shall be permitted under this title. The procedure for the filing of applications, investigation, notices, public hearings, findings and appeal shall be the same as provided in this code for variances, in Sections 17.148.050, 17.148.070, 17.148.080, 17.148.090 and 17.148.100, except that the planning commission may waive public hearing if all of the owners of surface rights within three hundred feet of the proposed site consent in writing. Such permit shall provide that all drilling and producing operations conform to conditions No. 1 through No. 10, inclusive, as hereinafter set forth, and one or more of conditions No. 11 through No. 15, inclusive, if applicable and determined as hereinafter set forth, except that upon request of the applicant, at or subsequent to the time the permit is issued, the planning commission, by specific action in each instance, may waive any one or more of such conditions if it finds that such waiver will not result in material detriment to the public welfare or to the property of other persons located in the vicinity thereof.

1. That no oil or gas well shall be drilled within one hundred feet of any public highway or within one hundred fifty feet of any residence constructed prior to the commencement of such drilling, without the written consent of the owner thereof.

2. That all drilling and producing shall conform to all applicable fire and safety regulations.

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

4. That suitable and adequate sanitary toilet and washing facilities, approved by the Kern County department of health, shall be installed and maintained in a clean and sanitary condition at all times.

5. That proven technological improvements generally accepted and used in drilling and production methods shall be adopted as they may become from time to time available if capable of reducing factors of nuisance and annoyance.

6. That the derrick, all boilers and all other drilling equipment used pursuant to this section to drill any well hole or to repair, clean out, deepen or redrill any completed or drilling 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 derrick, boilers and drilling equipment are to be used, within a reasonable time limit determined by the planning commission, for the drilling of another well or wells on the premises.

7. That after any well has been placed on production, no earthen sumps shall be used for storage of petroleum.

8. That within ninety days after any well has been placed on production or after its abandonment earthen sumps used in drilling or production, or both, unless such sumps are to be used within a reasonable time limit determined by the planning commission for the drilling of another well or wells, shall be filled and the drilling site restored as nearly as practicable to a uniform grade.

9. That any derrick used for servicing operations shall be of the portable type; provided, however, that upon presentation of proof that the well is of such depth or has such other characteristics, or for other cause, that a portable type derrick will not properly service such well, the planning commission may approve the use of a standard type derrick.

10. That prior to the drilling or deepening of any well, the permittee shall file with the city council a satisfactory corporate bond in favor of the city in the sum of five hundred dollars per well or two thousand five hundred dollars for five or more wells, executed by the permittee as principal and by an authorized surety company as surety, conditioned that the principal named in the bond shall faithfully comply with all the provisions of this section in drilling, redrilling or deepening any well or wells covered by the bond, and shall secure the city against all losses, charges and expenses incurred by it to obtain such compliance by the principal named in the bond.

The following additional conditions, Nos. 11 through 15, inclusive, may be added by the planning commission if deemed necessary or desirable to protect the public health, safety, comfort, convenience and general welfare:

11. That all oil or gas produced shall be carried away by pipelines or, if produced into and shipped from tanks located on the premises, such tanks shall be surrounded by shrubs or trees, planted and maintained so as to develop attractive landscaping and, insofar as practicable, screen such tanks from public view.

12. That except in case of emergency, no materials, equipment, tools or pipe used for either drilling or production operations shall be delivered or removed from the drilling site, except between the hours of eight a.m. and eight p.m. of any day.

13. That adequate fire fighting apparatus and supplies, approved by the county fire department, shall be maintained on the drilling site at all times during drilling and production operations.

14. That pumping wells shall be operated by electric motors or muffled internal combustion engines, and the height of all pumping units shall be not more than twenty feet. All permanent equipment shall be painted and kept in a neat condition. All producing operations shall be as free from noise as possible with modern oil operations.

15. That the drilling site shall be fenced or landscaped as prescribed by the planning commission.

If a producing well is not secured upon land subject to the permit within twelve months from the date of issuance of the permit, or within any extended period thereof, the permit shall expire and the premises shall be restored to their original condition as nearly as practicable so to do. No permit shall expire, however, while the permittee is continuously conducting drilling, redrilling, completing or abandoning operations, or related operations, in a well on the lands covered by the permit, which operations were commenced while the permit was otherwise in effect. For the purposes hereof, "continuous operations" are operations suspended not more than thirty days. If at the end of the twelve-month period the permittee has not completed his drilling program on the lands covered by the permit, the planning commission may, upon a written request of the permittee, extend the permit for the additional time requested by the permittee for the completion of the drilling program.

(Ord. 109 § 31.03, 1969)

In the M-1 limited manufacturing zone and the M-2 light manufacturing zone, the following conditions shall apply:

A. No person, firm or corporation shall drill any well hole for the exploration for, development and production of oil, gas and other hydrocarbon substances, or install any equipment, structures and facilities incidental thereto, without first having applied for and obtained, by payment of the fee provided in this chapter, an oil well counter permit from an authorized employee of the planning commission. The permit shall provide that all drilling and producing operations conform to conditions Nos. 1 through 10, inclusive, as specified in Section 17.140.040, except that upon request of the applicant, at or subsequent to the time the permit is issued, the planning commission, by specific action in each instance, may waive any one or more of such conditions if it finds that such waiver will not result in material detriment to the public welfare or to the property of other persons located in the vicinity thereof. No plant for the refining of petroleum products from such operation shall be permitted under this chapter.

(Ord. 109 § 31.04, 1969)

A. No filing fee shall be collected for unrestricted drilling under the provisions of Section 17.140.030.

B. The city shall charge and collect the following fees for the purpose of defraying the expenditures incidental to the proceedings described in this chapter:

1. A fee of thirty-five dollars shall be collected for each conditional use permit granted under the provision of Section 17.140.040. An additional fee of thirty-five dollars shall be paid by the permittee for each well (after the first well) drilled upon lands covered by a conditional use permit.

2. A fee of five dollars shall be collected for each counter permit issued under the provisions of Section 17.140.050. An additional fee of five dollars shall be paid by the permittee for each well (after the first well) drilled upon lands covered by a counter permit.

(Ord. 109 § 31.05, 1969)