Article 14 — NONCONFORMING USES

Except as provided in this Article, all oil wells, gas wells, oil storage tanks, heaters and other oil or gas production facilities (other than refining facilities), shall be completely removed and such wells shall be abandoned by January 1, 1984.

a) In the event that any oil or gas well is included in a unit plan for secondary recovery operations approved by the State Division of Oil and Gas, it shall be exempted from the provisions of this Article. The storage tank, heater and other facilities ancillary to such exempted well shall be exempted from the provisions of this Article.

b) All oil wells, gas wells, water injection wells, oil storage tanks, heaters and other oil or gas production facilities located within the Combining Oil Districts designated on the Official Land Use Zoning Maps as O-1, O-2, O-3, O-4 and O-5 (PP) districts shall be exempted from the provisions of this Article.

a) An oil well, gas well, oil storage tank, heater or other oil or gas production facility shall not be abated in accordance with the provisions of this Article unless and until the oil and gas well which is served by such facility has been on production for a period of twenty (20) years.

b) The period of existence and operation of an oil or gas well shall be conclusively presumed to have continued without interruption from the date on which the well was first placed on production according to the records of the State Division of Oil and Gas.

a) As soon as practicable after the adoption of this Article, the City Manager or his designee shall determine which oil or gas production facilities (other than refining facilities) are subject to abatement and the date on which such facilities must be abated by the provisions of this Article and shall send a notice thereof to the owner or operator of each such facility as shown on the records of the License Division of the City’s Finance Department. Such notice shall state the date on which the facility must be abated in accordance with the provisions of this Article.

b) The owner and operator of any such facility may contest the determination of the City Manager by filing an application for a hearing thereon with the Planning Director. Thereafter, the Planning Commission shall give notice and hold a hearing on such determination in the manner provided by Section 95.2.2. of the Code. At the conclusion of the hearing, the Commission shall sustain the determination of the City Manager or substitute its own determination therefor, which determination shall supersede that of the City Manager.

(Amended by O-3096)

a) The Environmental Quality Commission shall grant an exception from compliance with the provisions of Section 97.14.1. for any oil or gas well and attendant production facilities which, in the judgement of the Commission, has met all of the following criteria:

1. The oil or gas well which is served by such facility has produced three hundred sixty-five (365) of more barrels of oil in the twelve (12) month period immediately preceding the month in which such application is made. Ten thousand (10,000) feet of gas shall be the equivalent of one (1) barrel of oil.

2. The facility is being operated and maintained in accordance with the provisions of this Chapter 7.

3. No tank, heater or other above surface building or structure (excluding oil and gas well cellars and pumping units) which is included in such facility is located in the right-of-way of a street or alley as shown in any Master Plan or specific plan of the City or as otherwise required to be dedicated to the City by the laws of the City or State upon the issuance of a building permit; provided, however, that the Planning Commission may grant a waiver of this requirement in any case where the oil operator has proved to the reasonable satisfaction of the Commission that it is impractical and unreasonable hardship on the owner or oil operator to move such tank, heater, building or structure outside such right-of-way.

4. There has been dedicated to the City that part of the property on which such facility is located sufficient to bring the right-of-way of the adjacent street or alley to the width as set forth in any Master Plan or specific plan of the City or as otherwise required by the laws of the City or State upon the issuance of a building permit; and there has been constructed on such facility sidewalk, curb, gutter, make-up pavement and such other street improvements as are required by the general or any specific plan of the City or as otherwise required for the issuance of a building permit; provided, however, that the Planning Commission may grant a waiver of this requirement in any case where the oil operator has proved to the reasonable satisfaction of the Commission that he has made a good faith effort to comply therewith but he is unable to do so for reasons beyond his control.

5. No tank which is included in such facility is located in such proximity to an adjoining lot so as to prohibit the construction of a building or structure on said lot or so as to constitute a fire hazard by reason of the provisions of the City’s Fire Prevention Code or Building Code.

6. The continued use of the subject property for oil and gas production will not be materially detrimental to the property of other persons located in the vicinity of such facility. If the application for the exception shall have met the criteria established in subsections 1), 2), 3), 4) and 5) of this subsection a), then it shall be presumed that the continued use of the subject property for oil and gas production will not be materially detrimental to the property of other persons located in the vicinity of such facility.

7. The continued use of the subject property for oil or gas production will not substantially interfere with the orderly development of the City as provided for in the Land Use Element of the General Plan. If the applicant for the exception shall have met the criteria established in subsections 1), 2), 3), 4) and 5) of this subsection a), then it shall be presumed that the continued use of the subject property for oil or gas production will not substantially interfere with the orderly development of the City as provided for in the Land Use Element of the General Plan.

8. A Precise Plan of the site on which such oil and gas production facility is located shall have been approved by the Planning Commission in accordance with procedures set forth in Article 2, Chapter 6 of this Division 9 (Section 96.2.1. et seq.).

9. Upon approval of a Precise Plan, as provided in 8) above, the period for appeal shall not expire until fifteen (15) days after the determination of the Environmental Quality and Energy Conservation Commission whether or not to grant the initial extension of time for oil well abatement, as provided in b) below. Upon hearing the appeal, the City Council may consider either the Precise Plan or the determination of the Environmental Quality and Energy Conservation Commission, or both. The City Council may refer the matter back to the Planning Commission for further hearing. The Planning Commission may, upon rehearing, impose such other or further conditions as may be reasonable. Any decision of the Planning Commission upon rehearing may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 (Section 11.5.1 et seq.) of this Code.

b) Such extension of time may be granted for a period not more than three (3) years. Successive three (3) year extensions of time shall be granted by the Environmental Quality Commission if the applicant has continued to meet said criteria.

c) The said criteria shall be met at all times during the period for which such exception or extension thereof shall have been granted. In the event that any of the said criteria are not met during said period, the exception or extension thereof may be revoked by the Environmental Quality Commission after a hearing thereon. Notice of the hearing shall be given at least ten (10) days in advance by registered mail addressed to the owner and operator of the oil production facilities in question as shown on the records of the License Supervisor of the City, at the last known address of the owner and operator as shown on said records. The decision of the Environmental Quality Commission may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 (Section 11.5.1. et seq.) of the Code.

a) Upon application by the owner or operator of any oil or gas well and a hearing thereon, the Planning Commission shall grant an extension of time from compliance with the provisions of Section 97.14.1. for any such well and attendant production facilities for such period of time not to exceed ten (10) years as, in the reasonable judgement of the Commission, is necessary to permit the amortization of the cost of such well. The applicant shall have the burden of proving the necessity for such extension of time and the duration of such extension. Such amortization date shall be final regardless of any subsequent sale, lease or other conveyance of such facility or any part thereof or any interest therein.

b) The Planning Commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including but not limited to the depletion and depreciation schedules attached to the owner’s latest federal income tax return.

a) Applicants for an extension of time pursuant to the provisions of Section 97.14.5. shall be processed in accordance with the provisions of Article 2. Chapter 5 of this Division 9 for the processing of applications for a Conditional Use Permit.

b) Applicants for an extension of time shall have the burden of proving their satisfaction of the criteria set forth in Section 97.14.5

The Planning Commission may refer any application filed under the provisions of Section 97.14.4. or Section 97.14.6. to the Environmental Quality Commission for study and recommendation.

Such oil and gas production facilities which are to be removed by January 1, 1984, shall be continued to such date, subject to the following conditions:

a) If the use of such oil or gas production facility is discontinued, the use of such land thereafter shall be subject to the provisions of this Code. Cessation of production for a period of one hundred eighty (180) days or more shall be conclusively deemed to be a discontinuance of use.

b) No oil or gas well shall be deepened or redrilled.

c) No oil or gas production facility shall be added to, structurally altered or enlarged in any manner, except as required by the provisions of this Code or by State law, or in order to bring the facility and its use into conformity with the provisions of this Code pertaining to structures hereafter constructed.

d) Nothing herein shall be construed to preclude routine maintenance of wells and drill sites.

Any well which must be removed in accordance with the provisions of this Article shall be abandoned in conformance with the provisions of the State Division of Oil and Gas, and the storage tank, heater and other oil and gas production facilities, ancillary personal property and ancillary buildings and structures shall be removed from the premises.

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