Chapter 16.24 — DEVELOPMENT STANDARDS FOR PROPERTIES

CONTAINING ABANDONED WELLS Sections:

• 16.24.010 Area of development.
• 16.24.020 Prerequisites to site plan and design review.
• 16.24.030 Well discovery.
• 16.24.040 Leak testing.
• 16.24.050 Well access exhibit.
• 16.24.060 Well abandonment report.
• 16.24.070 Abandonment equivalency standard.
• 16.24.080 Methane assessment and mitigation standards.
• 16.24.090 Abandonment and restoration standards.

A. New development. In the case where a structure or structures is/are proposed on a vacant parcel, or in the case where subdivision of a parcel is proposed, or in the case of a phased development proposed to occur on several parcels in phases, the “Area of Development” is the entire proposed site, including the entire area of each and every parcel involved. For purposes of this chapter, this area shall also be referred to as the “Site,” but in no case shall include area outside the property boundaries. B. Additions to existing development. In the case of an addition to an existing structure, or construction of new structures on a parcel with existing structures, the “Area of Development” is (i) the portion of the Site which is within, or within ten (10) feet of, the area disturbed for grading as shown on a preliminary grading plan; or (ii) the portion of the site lying under or within ten (10) feet of any addition or new structure built as a part of the project where no grading plan is required. (Ord. 2015-05-1475 § 8)

A. Application requirements. For properties with abandoned wells, the City shall not deem any site plan and design review application complete pursuant to Chapter 20.52 until well discovery, leak testing, a well access exhibit, and the well abandonment report have been approved pursuant to Sections 16.24.030 through 16.24.060. B. Permit and inspection fees. A fee shall be required for all permits and inspections, pursuant to Sections 16.24.030 through 16.24.060, in an amount established by City Council resolution. C. Review fees. Associated project review time shall be deducted from the project deposit at the established hourly billing rate. (Ord. 2015-05-1475 § 8)

A. Well discovery permit. A well discovery permit, issued by the Oil Services Coordinator, shall be required prior to any site work or excavation. The permit shall establish the procedures for identification of the physical location and excavation of abandoned wells on the site. B. Notice. Prior to issuance of a well discovery permit, the City shall prepare a notice to be mailed to all property owners and residents within a one-hundred foot radius of the boundary of the subject property as shown on the last equalized assessment roll. C. Survey of wells. The owner or other responsible party shall submit a licensed survey of all wells within the area of

development. The survey shall locate all active, idle and abandoned wells to ascertain their locations and document the depth of the well surface plate from the existing grade, or in the case of pending new development, the proposed depth. The well(s) shall be plotted on the site plan and include the NAD 83 well location or equivalent. D. A.L.T.A. and development survey. The owner or other responsible party shall have an American Land Title Association (A.L.T.A.) survey of the area of development prepared including all man-made features (culture). (Ord. 2015-05-1475 § 8)

A. Leak testing permit. A leak testing permit shall be issued by the Oil Services Coordinator for all abandoned wells located within the area of development. Wells shall be tested for gas leakage and visually inspected for oil leakage. B. Leak testing of wells. A leak test shall be completed utilizing a “GT-43" gas detection meter, or one of comparable quality approved in advance by the Oil Services Coordinator, and shall be conducted by a state licensed geotechnical or civil engineer or state registered environmental assessor, class II, or other as determined necessary by the Oil Services Coordinator. Following all testing and inspection, the test area shall be returned to its previous state and fencing may be required around the area, or the entire site, to the satisfaction of the Oil Services Coordinator. C. Observation report. The Oil Services Coordinator shall observe the leak test and prepare a leak test observation report documenting the date, time and summary of the testing and confirmation that venting material installation has been completed as described in subsection G below and to the satisfaction of the Oil Services Coordinator. D. Leak testing report. A leak test report shall be prepared by a state licensed geotechnical or civil engineer or state registered environmental assessor, class II, and shall be submitted to the city for review and approval by the Oil Services Coordinator. A well shall be considered leaking if the leak test report indicates the meter read is greater than 500 parts per million. E. Leaking wells. If wells are found to be leaking they shall be abandoned pursuant to Sections 16.23.010 and 16.23.020. F. Retesting. An approved leak test report is only valid for 24 months from city acceptance. If a building permit has not been issued by this time, retesting is required. Following all testing and inspection, the test area shall be returned to its previous state and fencing may be required around the area or the entire site to the satisfaction of the Oil Services Coordinator. G. Venting. Following leak testing, vent risers and vent cones shall be installed. Cone and riser materials, design and installation shall be observed and inspected and approved by the Oil Services Coordinator and shall be in compliance with the recommendations contained in the leak test report. (Ord. 2015-05-1475 § 8)

A. Proximity standard. The well access exhibit shall be prepared by the applicant and submitted to the Oil Services Coordinator. The exhibit shall illustrate whether or not access is provided to abandoned wells using the city’s “close proximity standard” which depicts the DOGGR access recommendation. The close proximity standard is on file in the Community Development Department and publicly available. The Oil Services Coordinator may approve alternative measures that maintain access to wells. B. Exhibit contents. The well access exhibit shall include all active, idle and abandoned wells, the proposed site plan, well discovery survey data pursuant to Section 16.24.030 and the location and use of all structures within 100 feet of the boundaries of the subject property. Each abandoned well shall be marked on the exhibit as one of the following:

1. “Access provided” for wells meeting the close proximity standard, or not proposed to be built over.
2. “No access & methane mitigation required” for wells with improvements proposed over, or in close proximity to the well. (Ord. 2015-05-1475 § 8)

A. Wells with no access. A well abandonment report shall be required for all abandoned wells marked as “no access & methane mitigation required” on the well access exhibit and shall be submitted to the Oil Services Coordinator for review. B. City abandonment permit. All abandonments and reabandonments, including wells not requiring a well abandonment report, shall require a city abandonment and restoration permit issued by the Oil Services Coordinator pursuant to Section 16.24.090. C. Report contents. The well abandonment report shall include the following:

1. A statement of intent describing the purpose for the abandonment such as pending property sale, development, or redevelopment of all or a portion of the site for a use other than a petroleum operation and a proposed schedule for

abandonment, demolition and development or restoration of the property. The statement shall include intent regarding the disposition of utilities that served the oil and gas operations, including fire protection, power, sewage disposal, transportation, and water, as well as the name, address, and contact information for the permittee, and the address and a general description of the current land use of the subject property. 2. All data, reports and exhibits associated with the survey, leak test and well access pursuant to Sections 16.24.030, 16.24.040 and 16.24.050. 3. An equivalency standard assessment report prepared by the applicant’s registered petroleum engineer, registered petroleum geologist, or a professional with the equivalent of these registrations as determined by the Oil Services Coordinator and submitted for review by the city’s Petroleum Engineer. The report shall include an assessment which is based on the DOGGR well bore data and well history including all correspondence with DOGGR regarding all abandonment proceedings. The assessment shall state whether each well meets, or does not meet, the City’s equivalency standard pursuant to Section 16.24.070. a. If a well is determined not to meet the city’s equivalency standard, a reabandonment plan shall be submitted to the Oil Services Coordinator and shall include a copy of the DOGGR well bore data, well history and an assessment statement that following reabandonment, the abandoned well is likely to meet the city’s equivalency standard pursuant to Section 16.24.070. b. If the well is determined to meet the city’s equivalency standard the applicant shall submit the DOGGR documentation used to make the determination, including a copy of the DOGGR well bore data, well history and DOGGR confirmation of completion of the abandonment work. 4. An abandonment activities plan that details the estimated hours of operation, number of workers, structures proposed for decommissioning, projected method and routes of transporting equipment, structures, and estimated debris from the property to the place of disposition as well as the number of trips required, and an estimated schedule for completion of the work. 5. A waste management plan that details methods to maximize recycling and minimize wastes. 6. An ongoing development plan that details any existing structures, roadways, and other improvements on the property proposed to be retained to support other existing or proposed uses of the property following abandonment of the oil or gas operations. 7. A restoration plan pursuant to Section 16.24.090 that details grading, drainage and measures proposed to prevent or reduce nuisance effects (e.g., dust, fumes, glare, noise, odor, smoke, traffic congestion, vibration) and to prevent danger to life and property, including a list of any other permits, as may be required for restoration pursuant to Title 15 of the city code. 8. Any other information deemed reasonably necessary by the Oil Services Coordinator to address site-specific factors. D. City assessment letter. The city’s Petroleum Engineer shall review the equivalency standard assessment report and provide an assessment letter and a recommendation to the Oil Services Coordinator confirming whether the wells meet, do not meet, or if a reabandonment plan is required, are likely to meet the city’s equivalency standard pursuant to Section 16.24.070. E. City summary report. Following receipt of the assessment letter from the city’s Petroleum Engineer, the Oil Services Coordinator shall prepare a summary report for the well assessments and, for each well marked “no access & methane mitigation required” on the well access exhibit, providing one of the following determinations:

1. For wells that meet the city’s equivalency standard, a finding that “no additional work is required” shall be made and a determination that the project may proceed with site plan and design review pursuant to Chapter 20.52.
2. For wells that do not meet the city’s equivalency standard, but are confirmed as likely to meet the standard, the Oil Services Coordinator shall make a finding that reabandonment shall proceed and shall issue a permit for proposed well abandonments pursuant to Section 16.24.090. Following completion of reabandonments the property owner or responsible party shall submit well bore data and well history, including all correspondence with DOGGR regarding abandonment proceedings and any field changes with an assessment from the applicant’s registered petroleum engineer, registered petroleum geologist, or a professional with the equivalent of these registrations as determined by the Oil Services Coordinator that the abandonment meets the city’s equivalency standard. The Oil Services Coordinator shall make a finding that the abandonment meets the city’s equivalency standard and that “no additional work is required” and the project may proceed with site plan and design review pursuant to Chapter 20.52.
3. If the applicant does not wish to complete the abandonments for wells qualified as described in subparagraph 2 above, the Oil Services Coordinator shall make a finding that an “at risk” letter is required. The letter from the applicant shall acknowledge that the success or failure to complete well abandonments in compliance with the city’s equivalency standard will determine whether wells may be built over or in close proximity to. Further, the letter shall state that it is understood that failure to abandon wells to the city’s equivalency standard will prohibit development over or in close proximity to the wells resulting in revisions to the site plan and potentially additional site plan and design review pursuant to Chapter 20.52. Following receipt of the “at risk” letter, the Oil Services Coordinator shall make a finding that “reabandonment work is required and an ‘at risk’ letter has been provided” and the project may proceed with

andard will prohibit development over or in close proximity to the wells resulting in revisions to the site plan and potentially additional site plan and design review pursuant to Chapter 20.52. Following receipt of the “at risk” letter, the Oil Services Coordinator shall make a finding that “reabandonment work is required and an ‘at risk’ letter has been provided” and the project may proceed with site plan and design review pursuant to Chapter 20.52. 4. City abandonment and restoration permit. All abandonments and reabandonments shall require a city abandonment

and restoration permit issued by the Oil Services Coordinator pursuant to Section 16.24.090. a. Field modifications. It is the obligation of the property owner or responsible party to notify the Oil Services Coordinator prior to any changes made in the field to the abandonment plan. The applicant’s registered petroleum engineer, registered petroleum geologist, or a professional with the equivalent of these registrations as determined by the Oil Services Coordinator shall provide a revised assessment report with a determination that the final abandonment with intended field changes meets, or does not meet the city’s equivalency standard. b. Verification of abandonment. Following completion of any abandonment work, the applicant shall submit all available DOGGR well bore data and well history including all correspondence with DOGGR regarding abandonment proceedings and any field changes from the initial abandonment plan with an assessment from the applicant’s registered petroleum engineer, registered petroleum geologist, or a professional with the equivalent of these registrations as determined by the Oil Services Coordinator that each well meets, or does not meet, the city’s equivalency standard pursuant to Section 16.24.070. The Oil Services Coordinator shall verify that abandonments for wells proposed to be built over or marked as “no access” pursuant to Section 16.24.050(B), meet the city’s equivalency standard prior to issuing a final of the permit. Any well that does not meet the standard shall not be built over or in close proximity to “Improvements” pursuant to Section 16.24.070. (Ord. 2015-05-1475 § 8)

A. Determination of equivalency standard. Improvements proposed over or within close proximity to abandoned wells, shall not be permitted unless the Oil Services Coordinator has determined that the well has been abandoned to the city’s equivalency standard.

1. Improvements are considered permanent structures or other construction that would be difficult or expensive to demolish should the abandoned or reabandoned well leak oil or gas in the future.
2. Pervious improvements, such as landscaping and parking areas with adequate landscape buffers, may be located on top of a previously abandoned or reabandoned well which has passed the leak test pursuant to Section 16.24.020. B. Equivalency standard. The following equivalency standard shall be required for construction of improvements over abandoned wells or within close proximity of abandoned wells pursuant to Section 16.24.050(B):
3. A cement plug located at the depth of the last zone produced from the well. All perforations shall be plugged with cement, and the plug shall extend at least 100 feet above the top of a landed liner, the uppermost perforations, the casing cementing point, the water shut-off holes, or the oil or gas zone, whichever is higher. If wellbore conditions prevent placement of the plug at the depth of the last zone produced from the well, approximately 100 feet of cement shall be placed inside and outside of the casing above (but as close as possible to) the last zone produced from the well.
4. A cement plug located at the depth of the base of the fresh water zone in the well. If there is cement behind the casing across the fresh-saltwater interface, a 100 foot cement plug shall be placed inside the casing across the interface. If the top of the cement behind the casing is below the top of the highest saltwater sands, squeeze-cementing shall be required through perforations to protect the freshwater deposits. In addition, a 100 foot cement plug shall be placed inside the casing across the fresh-saltwater interface. If wellbore conditions prevent placement of the plug at the depth of the base of the fresh water zone in the well, approximately 100 feet of cement shall be placed inside and outside of the casing above (but as close as possible to) the base of the fresh water zone in the well. This plug is to be separate and apart from the plug referenced in subparagraph 1 above.
5. A cement plug located at the surface. The hole and all annuli shall be plugged at the surface with a cement plug extending at least 25 feet from the top of the cut off well casing.
6. The intent of these plugs is to ensure that the abandonment is adequate to prevent hydrocarbons from reaching the surface. One continuous plug that significantly exceeds 100 feet located below the surface plug and located in close proximity to the base of the fresh water zone could be adequate to meet (1) and (2). Also, one plug that meets either (1) or (2) and a surface plug that significantly exceeds 100 feet could be found to prevent hydrocarbons from reaching the surface.
7. The city’s consulting petroleum engineer shall determine if these conditions have been met and the abandonment is adequate to prevent hydrocarbons from reaching the surface of the well. The determination shall be based on, at a minimum, a review of a history of all work performed on the well and a detailed wellbore diagram showing the current condition of the well. The well bore diagram shall include details on: a. Hole size. b. Casing and liner specifications and setting depths. c. All cementing operations. d. Depths of various hydrocarbon zones. e. Any other data required to analyze the current conditions of the well including casing recovery operations and the

presence of junk in the hole. (Ord. 2015-05-1475 § 8)

A. Assessment requirements. The area of development on all properties in the city, whether or not they contain abandoned wells, shall be tested for methane gas prior to issuance of construction or development permits unless otherwise approved by the Oil Services Coordinator. In no case shall methane testing of the property be conducted less than 30 days after site disturbance. B. Permit. A methane site test permit is required on all development sites where construction permits are required, whether or not there are wells located within the area of development. No methane tests shall be conducted without a permit issued by the Oil Services Coordinator. C. Site assessment. A Site Methane Assessment is required for any property proposed for development. The assessment shall be conducted to the satisfaction of the Oil Services Coordinator and in accordance with the city’s “methane assessment minimum requirements standard” on file in the Community Development Department and publicly available. The assessment report shall be signed and stamped by a State of California registered geologist and submitted for review to the Oil Services Coordinator prior to any mitigation activity, if required, on the property. Methane assessment shall be conducted no less than 30 days following any soils disturbance on the site. D. Mitigation plan. If the methane site assessment requires mitigation, or if the well access exhibit is labeled “no access & methane mitigation required”, a methane mitigation plan shall be prepared in accordance with the city’s “methane mitigation minimum requirements standard” on file in the Community Development Department and publicly available and submitted for review and approval by the Oil Services Coordinator prior to commencement of any mitigation work on site. E. Letter of intent. For properties subject to site plan and design review, pursuant to Chapter 20.52, if the applicant does not wish to complete the methane assessment and mitigation, if required prior to site plan and design review, the Oil Services Coordinator shall require that a letter of intent be submitted by the applicant stating their intent to conduct the property methane assessment and submit a mitigation plan, if required, as a condition of the site plan and design review. (Ord. 2015-05-1475 § 8)

A. Permit requirements. A well abandonment and restoration permit shall be required for all properties in the city where a well abandonment permit is required whether or not the property is to be developed following the abandonment, or if development is proposed on a property with abandoned wells and a well abandonment report is not required pursuant to Section 16.24.060. The permit shall be issued following approval of the prerequisites to site plan and design review pursuant to Section 16.24.020. B. Restoration requirements. A well shall be considered properly abandoned for purposes of this chapter after restoration of the drill site or oil operation site and subsurface thereof to its original condition, as nearly as practical, and in conformity with the following requirements:

1. A copy of the abandonment plan submitted to DOGGR and DOGGR and authorization to abandon, reabandon or remediate the well is provided;
2. All equipment and surface installations used in connection with the well which are not necessary as determined by the Oil Services Coordinator for the operation or maintenance of other wells of operator or permittee on the drill or operation site shall be removed from the premises;
3. The premises, all sumps, cellars, and ditches which are not necessary for the operation or maintenance of other wells of operator or permittee on the site shall be cleaned out and all oil, oil residue, drilling fluid, and rubbish shall be removed or bioremediated to reduce hydrocarbons to standards acceptable to federal, state, or local agencies. All sumps, cellars, and ditches shall be leveled or filled. Where such sumps, cellars, and ditches are lined with concrete, permittee or operator shall cause the walls and bottoms to be broken up and all concrete shall be removed;
4. The premises shall be cleaned and graded and left in a clean and neat condition free of oil, rotary mud, oil-soaked earth, asphalt, tar, concrete, litter, and debris and any facilities to remain shall be painted and maintained reasonably free of rust, oil, or stains, to the satisfaction of the Oil Services Coordinator;
5. NPDES standards for stormwater run-off and dust and erosion mitigation measures shall be complied with, to the satisfaction of the City Engineer and the Oil Services Coordinator; and
6. All public streets, alleys, sidewalks, curbs and gutters, and other places constituting public property which may have been disturbed or damaged in connection with any operation, including operations for the abandonment of the well, shall be cleaned, and, except for ordinary wear and tear, shall be repaired and restored to substantially the same condition thereof as the same existed at the time of issuance of the permit, or at the time operations were first commenced in connection with the drilling, operation, or maintenance of the well. C. CC&Rs. Prior to issuance of any certificate of occupancy for developments constructed over abandoned wells, or for

abandoned wells marked “no access” pursuant to Section 16.24.050(B), the property owner shall record a declaration of covenants, conditions and restrictions (CC&Rs), 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 wells on the site; that the wells within the area of development have been leak tested and found not to leak; description of any methane mitigation measures employed; disclosure that access to these wells has been provided to address the fact that they may leak in the future causing potential harm; acknowledgment that the state may order the reabandonment of any well should it leak in the future; acknowledgment that the state does not recommend building over wells; and releasing and indemnifying the city for issuing project permits. D. DOGGR authority. Nothing herein is intended to displace any authority of DOGGR under Chapters 2, 3 and 4 of Division 2 of Title 14 of the California Code of Regulations or set aside or annul any action of DOGGR pursuant to its authority. However, these provisions shall control the development of property where DOGGR merely makes advisory recommendations beyond the agency’s statutory authority. E. Grandfathering. This section shall not apply to any project which has been approved by the city or its constituent boards, commissions or officials prior to the date of the adoption of this section, so long as such approvals remain valid. The required approvals include a valid approval from DOGGR, but if such approvals have expired, the project shall be governed by this section. Any application for discretionary land use development entitlements under Chapter 20.52 of the Municipal Code which is being processed shall be subject to the requirements hereof. (Ord. 2015-05-1475 § 8)