It is intended by this chapter to establish a category of combining oil zones in which present and future oil development and operations will be permitted under certain limitations for the purpose of making possible land uses, including, but not limited to: recreational, recreational/residential, residential, institutional and commercial development compatible within oil field areas in the city and to permit the drilling for and production of oil, gas, other hydrocarbon substances and water and the maintenance and operation of equipment and structures for such drilling and production within the various combining oil districts as provided in this chapter. For purposes of this chapter, the term "oil" includes in its meaning "oil, gas, water and other hydrocarbon substances or any combination thereof."

(`78 Code, § 17.60.010.)

   For the purpose of this chapter, the following words and phrases are defined.

   (A)   "Controlled drilling site" means the surface location upon which surface operations of a drilling island incident to oil well drilling or deepening and the production of oil substances from beneath the surface of real property located within the city may be permitted under the terms and conditions of this chapter and this code. No drill site shall contain more than two and one-half acres or be of such size or shape that it cannot be contained within a square 330 feet by 330 feet.

   (B)   "Deepen" means any extension of existing well-bore below its existing depth.

   (C)   "Dwelling," notwithstanding the provisions of Chapter 17.04, means any building or structure which has for its primary purpose human residence.

   (D)   "Production” includes within its meaning the use of facilities for gauging, recycling, compression, repressuring, injection, reinjecting, dehydration, stimulation, separation (including liquids from gas), shipping and transportation of and gathering from other sites of oil.

   (E)   "Rework or repair" means any work within an existing bore-hole.

(`78 Code, § 17.60.020.)

   There are established oil combining zones designated as "O" and "O1" which, when shown on the zoning map of the city in combination with a basic symbol such as R-1, C-2 and M-1, shall cause the property so designated to be subject to the code provisions relating to such basic district and the provisions set forth in this chapter.

(`78 Code, § 17.60.030.)

   The purpose of this section and §§ 17.60.020, 17.60.050 and 17.60.060 is to set forth basic criteria to guide the Commission and Council in their determining whether to establish a combining oil zone in the city and the procedure for said establishment. The provisions of this chapter are additional to and supplement the city’s oil and gas production regulations.

(`78 Code, § 17.60.040.)

   (A)   Initiation procedures are as follows.

      (1)   The proceedings for the establishment of an oil drilling zone may be initiated by a verified application of one or more of the owners or lessees of property within the boundaries of the proposed district or by resolution of the Commission or Council. An application for the establishment of a district shall be filed with the Commission upon a form prescribed for that purpose by the Commission and shall be accompanied by a filing fee, as established by City Council resolution and any amendments thereto, which shall not be refundable;

      (2)   In the application, the applicant shall agree that he shall be bound by the provisions of the city’s oil and gas production regulations and any drilling or redrilling permit granted as a result of said application;

      (3)   Each application shall contain a statement that the applicant has the proprietary or contractual authority to drill for and produce oil, gas or other hydrocarbon substances under the surface of at least 51% of the property to be included in said district;

      (4)   Each application shall contain a description of the controlled drilling site from which the applicant has or can secure access to the proposed district and which he or she proposes to use to develop the proposed district;

      (5)   A map and legal description of each proposed district or districts and the controlled drilling site proposed to be used in developing the district or districts shall accompany the application, such map to be in sufficient copies to be mailed to each property owner within the proposed district and within 300 feet of the exterior boundaries thereof, with six additional copies for city files;

      (6)   Accompanying the application shall be a written offer, executed by applicant, to each owner of lands within the district, for which the application is made, and who is not then a party to the applicant’s oil lease, by which applicant claims the right to conduct oil development operations, giving to each such owner the right to participate in the proceeds of any such production by becoming within five years from the date the proposed oil district is established a party to the oil lease, operating agreement or other contract, under which applicant claims the right to conduct oil drilling operations within the district. The offer must remain open for acceptance for a period of five years from the date the oil district is established. During the option period, applicant or his or her successor in interest shall impound and keep in a separate trust account all royalties to which the owners or any of them may become entitled. Any such royalties remaining at the time the offer expires and which are not due or payable, as provided in this section, shall be paid pro rata to those owners who, at the time of such expiration, are otherwise entitled to share in the proceeds of such production.

   (B)   Proceedings before Planning Commission and Council are as follows: after the filing of a proposed application or passage of a resolution, the application or resolution shall be considered and handled in accordance with the procedure provided in §§ 17.104.070 through 17.104.110 and 17.104.130 of this code.

(`78 Code, § 17.60.050.)

   The Commission in recommending and the Council in reviewing a proposal for and prior to enacting an ordinance creating an oil combining zone shall find from the evidence submitted with the application and at the hearings that the following conditions exist in relation to the proposed zone:

   (A)   The subject property is suitable for the proposed site in terms of access, size of parcel, relationship to similar or related uses and other considerations deemed relevant by the Commission and Council;

   (B)   The proposed zone is necessary and proper at this time and is not likely to be detrimental to the adjacent property or residents;

   (C)   The proposed zone will not adversely affect the health, safety, morals, convenience and welfare of the residents of the city;

   (D)   There is not available and reasonably obtainable in the same zone, or in an adjacent or nearby district within a reasonable distance therefrom, one or more other locations where controlled drilling could be conducted with greater safety and security, with appreciably less harm to other property and with greater conformity to the zoning plans of the city.

(`78 Code, § 17.60.060.)

   All provisions of the city’s oil and gas production regulations shall apply to all combining oil zones as established in § 17.60.030.

(`78 Code, § 17.60.070.)

   (A)   Whenever a proposed subdivision or development of property comes within any combining oil district or known oil field, the city shall not approve or accept a record of survey or final tract map for such subdivision or development unless there is submitted to the City Planning Director a written plan for the use, disposition or treatment of any existing or future oil wells or operations on such property, shall not conduct a final inspection of a building for occupancy and shall accept no public improvements until it has approved such a plan. Failure of a subdivider or developer to provide the city with such a plan shall be sufficient grounds for the city to disapprove the subdivision or development.

   (B)   Any machinery used in the production and/or processing of oil within the site of a well shall be designed and/or housed and operated so that noise, odor and vibration emanating therefrom shall be limited to a minimum and shall not exceed the standards therefor, as provided in Chapter 17.84.

   (C)   All produced oil shall be transported from any oil site by buried pipeline.

   (D)   No permanent tanks, gauging (other than in-line meter and temporary meter powers) or other permanent shipping facilities shall be permitted on oil sites; provided, however, that storage facilities shall or may be permitted in the “O” zone, pursuant to §§ 17.60.100 through 17.60.170.

   (E)   Portable equipment shall be used in all remedial and/or maintenance work or rework and shall be removed from an oil site upon completion of such work.

   (F)   All installations, structures and facilities on an operating oil site shall be in good condition, painted and kept painted and maintained, together with the ground area comprising such site in a clean, neat and sanitary condition.

(`78 Code, § 17.60.080.)

   Oil production, tank farms, storage facilities, controlled drill sites and underground service lines thereto shall be permitted in all zones which are combined with the O Combining Oil Zone, provided that no underground storage tank, basin, or skimming pond related to such uses shall be constructed within 500 feet of a well owned or operated by the City of Corona which supplies drinking water. Reconstruction or replacement of any such tank existing as of the effective date of this section shall be subject to the review and approval of the General Manager of the Department of Water & Power, or his or her designee. The General Manager shall require:

   (A)   Testing of the tank site to ascertain whether contamination exists, and at what depth:

   (B)    That all testing and analysis be performed in accordance with California Environmental Protection Agency and U.S. Environment Protection Agency standards and methods by a qualified person with laboratory certification of the test results; and

   (C)   That the removal or reconstruction of the existing tank and installation of any new tank be undertaken in strict compliance with all applicable federal, state, and local statutes, regulations, standards, and requirements.

(`78 Code, § 17.60.090.) (Ord. 2971 § 1 (part), 2009.)

   The O zone shall not be less than 20 acres in area, the computation of such area to include all streets, rights-of-way and alleys within the boundaries thereof.

(`78 Code, § 17.60.100.)

   (A)   The 01 combining zone shall consist of a controlled drill site. The uses permitted in an 01 zone shall be limited to oil production, controlled oil drilling, producing, injecting, temporary processing and shipping tank sites and temporary storage facilities for one producing well, the activities to be limited exclusively to the drilling or redrilling of oil wells and producing oil. Such operations may include the installation and use of equipment, structures, tools and other facilities incidental, necessary and accessory to drilling, producing and processing oil produced by such wells for shipment to pipeline, provided that no underground storage tank, basin, or skimming pond related to such uses shall be constructed within 500 feet of a well owned or operated by the City of Corona which supplies drinking water.

   (B)   Reconstruction or replacement of any underground storage tank, basin, or skimming pond existing within 500 feet of a well supplying drinking water as of the effective date of this chapter shall be subject to the review and approval of the General Manager of the Department of Water and Power, or his or her designee. The General Manager shall require:

      (1)   Testing of the tank site to ascertain whether contamination exists, and at what depths that all testing and analysis be performed in accordance with California Environmental Protection Agency and U.S. Environment Protection Agency standards and methods by a qualified person, with laboratory certification of the test results; and

      (2)   That the removal or reconstruction of the existing tank and installation of any new tank be undertaken in strict compliance with all applicable federal, state, and local statutes, regulations, standards, and requirements.

(`78 Code, § 17.60.110.) (Ord. 2971 § 1 (part), 2009.)

   Any oil drilling operations in such a district shall be subject to the following property development standards.

   (A)   Area.

      (1)   Only one controlled drill site shall be permitted to serve 25 acres or less in any zone, shall not exceed two and one-half acres in area and shall be of such size or shape that it cannot be contained within a square 330 feet by 330 feet; provided, however, that if a particular site is to be used for the development of larger oil drilling districts or if the city’s oil production control agency requires that more than one oil drill controlled site be developed, such site may, upon approval of the Planning Commission, be increased by not more than two acres for each 20 acres included in the oil field as defined by the Division of Oil and Gas of the state; and provided further that none of the following conditions, at the time of an application to the agency for a permit to drill, exist:

         (a)   25 or more dwellings within 1,320 feet of the proposed location of the well;

         (b)   Six or more dwellings within 660 feet of the proposed location of the well; or

         (c)   Any legally established structure used for housing of mentally or physically ill or aged persons having five or more beds within 660 feet of the proposed location of the well.

      (2)   The controlled drill site shall not include any portion of a dedicated alley, street, easement or right-of-way or any area contained within the limits of any street, alley or other public area when so designated as such in the General Plan of the city.

   (B)   Proximity of 01 Districts. 01 zones shall not be established closer to each other than 1,320 feet.

(`78 Code, § 17.60.120.)

   Uses permitted by conditional use permit include the following: installation of structures, equipment or facilities necessary and incidental to storage of oil, including, but not limited to temporary storage facilities for more than one well (excepting herefrom any oil storage tanks of 1,000 barrels or less necessary for oil production when only one producing well exists on an approved controlled drill site), recycling, repressuring or reinjection of the oil, gas, condensate and/or water for underground disposal or underground storage in connection with producing oil in any oil combining district may be permitted as a conditional permitted use pursuant to the provisions of this section and Chapter 17.92, provided that no underground storage tank, basin, or skimming pond related to such uses shall be constructed within 500 feet of a well owned or operated by the City of Corona which supplies drinking water. Reconstruction or replacement of any underground storage tank, basin, or skimming pond existing within 500 feet of a well supplying drinking water as of the effective date of this section shall be subject to the review and approval of the General Manager of the Department of Water and Power, or his or her designee. The General Manager shall require:

   (A)   Testing of the tank site to ascertain whether contamination exists, and at what depth:

   (B)   That all testing and analysis be performed in accordance with California Environmental Protection Agency and U.S. Environment Protection Agency standards and methods by a qualified person, with laboratory certification of the test results; and

   (C)   That the removal or reconstruction of the existing tank and installation of any new tank be undertaken in strict compliance with all applicable federal, state, and local statutes, regulations, standards, and requirements. Oil drilling facilities which utilize water-infecting or reinjecting operations shall be evaluated and approved by the General Manager of the Department of Water and Power prior to the issuance of a conditional use permit.

(`78 Code, § 17.60.130.) (Ord. 2971 § 1 (part), 2009.)

   Except as otherwise provided in this section and §§ 17.60.130 and 17.60.150 through 17.60.180, an application for a conditional use permit under this section and §§ 17.60.130 and 17.60.150 through 17.60.180 shall be considered and handled in accordance with the procedure provided in §§ 17.92.070 through 17.92.180.

(`78 Code, § 17.60.140.)

   In addition to the requirements of § 17.92.070, the following data and material shall be submitted with an application for a conditional use permit for the uses enumerated in § 17.60.130:

   (A)   A plot plan showing contours, location, use, size and height of all proposed buildings and structures; the location and widths of all roads; location, dimensions and surface material of off-street parking areas; location, dimensions and types of landscaping and screening areas, including types of plant material; and location and types of fencing;

   (B)   Photographs (not less than eight inches by ten inches) of the proposed site taken from all directions from which at a surface location persons, including adjacent property owners, might view the proposed site;

   (C)   Elevations of all proposed buildings and structures or perspective views thereof;

   (D)   A written description of the purpose of the proposed uses and the measures proposed to reduce any detrimental effects from such uses on the surrounding property and the general health, safety and welfare of the city’s residents;

   (E)   A written, verified summary of facts that the applicant intends to prove at the public hearing on the application. The summary shall recite the evidence applicant intends to submit to prove that the proposed uses will meet all the criteria specified in § 17.60.160.

(`78 Code, § 17.60.150.)

   Prior to granting a conditional use permit for the uses enumerated in § 17.60.130, the Commission shall make the findings required by § 17.92.110 and additionally shall find from the evidence submitted in support of the application that the following facts and conditions exist:

   (A)   The use and location are necessary to extract the resources of said field if the proposed use and its location are proximate to a producing oil field;

   (B)   The distance between a producing oil field and an area in which the proposed uses would be allowed without a permit is such that the cost of transporting oil over that distance would be so prohibitive as to preclude such production and transportation;

   (C)   The proposed use and facilities and equipment to implement such use can be so located, designed, constructed and operated as not to have a materially adverse effect on the health and safety of persons residing in, working in or traveling through the area of the proposed use; not be materially injurious to property in said area; and not be aesthetically incompatible with the surrounding uses in the area;

   (D)   The quantity and extent of said facilities are reasonable and necessary for the subject oil production and transportation if the proposed use is for storage facilities.

   (E)   If the facilities include underground storage tanks, basins, or skimming ponds, those tanks, basins, and ponds are at least 500 feet away from every well owned or operated by the City of Corona which supplies drinking water, as determined by the Corona Department of Water and Power.

   (F)   If the facilities include the use of earth-bottom ponds or ponds with other types of permeable bottoms, such use has been evaluated and approved by the General Manager of the Department of Water and Power, who may disapprove such operations if necessary to prevent contamination of drinking water supplies.

(`78 Code, § 17.60.160.) (Ord. 2971 § 1 (part), 2009)

   Any permit granted pursuant to this section and §§ 17.60.130 through 17.60.160 and § 17.60.170 shall be subject to the following conditions:

   (A)   Permittee’s compliance with all material representations made by the applicant or his or her agent as to his or her exercise of the proposed use at the public hearings on application for permission to engage in such use;

   (B)   Permittee’s compliance with all applicable existing and future state, county and city laws and regulations relating to the permitted use.

(`78 Code, § 17.60.170.)

   In addition to the conditions imposable by § 17.92.110 and § 17.60.170, the Commission may impose additional conditions designed to prevent or reduce any detrimental effects by the proposed use on the health and safety of persons residing in, working in or traveling through the area of the use and to prevent or reduce any injury to property or adverse aesthetic conditions therefrom in the area. The conditions may include, but are not limited to:

   (A)   Paving all roads and parking areas in the district;

   (B)   Construction of adequate off-site parking for all permittee’s employees and visitors to the site of the proposed use;

   (C)   Planting of mature trees and shrubs and installation of fencing to screen off and conceal buildings and structures on the site;

   (D)   Establishment of an architectural design, approved by the Planning Director, to improve the appearance of buildings and structures on the site of the proposed use;

   (E)   Establishment of construction methods, approved by the Planning Director, for installation and repairing facilities related to the proposed use;

   (F)   Keeping the facilities at all times as close as is reasonably possible to the original condition less normal wear and tear.

(`78 Code, § 17.60.180.)

   Uses prohibited in oil combining zones are as follows: refining of petroleum products.

(`78 Code, § 17.60.190.)