The purpose of this chapter is to prohibit the drilling on the surface or subsurface of oil and gas wells, the production of oil and gas, and the storing and transportation thereof in the City of Costa Mesa, except as specifically provided for herein.

The city council hereby declares that it is also the object and purpose of this chapter to establish reasonable and uniform regulations, safeguards and controls for the drilling for and production of oil, gas and other hydrocarbon substances within and under the City of Costa Mesa. Such regulations, safeguards and controls are found to be necessary in order to protect the citizens, their property rights and the general public. Such orderly development is necessary to protect the surface uses and the value and character of residential, commercial and other real property within the city as such uses are set forth in the master plan of the city, and its zoning ordinances and regulations. The city council recognizes that many of its citizens and property owners have made substantial investments in real property and do not own the mineral rights lying in or under such property, and will not profit directly from oil or gas development. Therefore, in order to protect such citizens and their property rights, to protect the owners of mineral rights and to provide said orderly exploration, development and production of oil and gas, it is necessary to regulate the drilling for and as set forth in this chapter.

The city council hereby finds that the uncontrolled drilling on the surface or subsurface for oil and gas, and the production thereof, in the City of Costa Mesa, would be detrimental to the general welfare of its citizens, and detrimental to the general public peace, health, safety, comfort, convenience and prosperity. The city council finds and determines that sub-surface area within the City of Costa Mesa may be explored for oil and gas, and if said substances are found, the same may be produced by directional or slant drilling methods from surface locations outside the City of Costa Mesa.

No person, firm or corporation shall erect or construct oil drilling derricks or oil drilling equipment within the City of Costa Mesa, or shall drill from the surface or by subterranean drilling for oil, petroleum, tar, gas or other hydrocarbon substances within said city, except that it shall be lawful under the provisions hereof, to drill for oil, petroleum, tar, gas or other hydrocarbon substances by slant drilling or subterranean drilling in and under the area hereinafter described, provided that the drilling sites shall be located outside the city limits of the city, and that such drilling shall be a vertical depth of at least 400 feet below the ground surface within the area mentioned and hereinafter described.

That the area in the city in which slant drilling or subterranean drilling shall be permitted under the terms hereof, is described as being:

All that area lying within the zone designated M1 [MG] by the zoning ordinances of the City of Costa Mesa, as said M1 [MG] zone now, or may hereafter, exists.

The city council finds that drilling and production from surface drilling sites adjacent to, but outside the City of Costa Mesa, may adversely affect the residential and commercial areas and values, and the peace, health, safety, comfort and general welfare of the citizens of the city.

Therefore, the drilling and production of an oil and gas well, subsurface, into real property within the City of Costa Mesa from a drilling site outside the city limits of the City of Costa Mesa is hereby prohibited, and the same shall constitute, and the same is hereby declared to be a public nuisance, except and unless such drilling and production is from controlled drilling sites outside the city, as may be approved by the city council. In no event shall slant or subterranean drilling into the subsurface area of the City of Costa Mesa be permitted where the drilling site for such well or wells is outside the City of Costa Mesa but within 300 feet from an exterior boundary of the City of Costa Mesa.

It is unlawful and a nuisance hereafter for any persons to maintain and operate any existing oil and gas well and production equipment within the City of Costa Mesa without first having applied for and obtained from the city council a permit.

The first application for a permit to cover drilling operations for a single oil and gas well hole on any drilling site outside the City of Costa Mesa for slant or subterranean drilling within the City of Costa Mesa shall require the payment of a permit fee in the sum of $2,500. The fee for any second or subsequent such oil and gas well shall be $500.

The permit fee to cover the maintenance and production of any existing oil and gas well, producing oil and gas at the time this chapter becomes effective [April 29, 1960], shall be $50 annually for any such oil and gas well.

Immediately after the passage of this chapter by vote of the people [April 12, 1960], the city council shall adopt standard conditions for drilling operations, and said standard conditions shall apply to every permit granted pursuant to this chapter.

It is unlawful and a nuisance for any person who is the owner or is in control or possession, or who has the right to the control, possession or use of any existing wooden oil derrick, to operate, control or maintain or cause to be controlled, operated or maintained at any time after one year from the effective date of this chapter [April 29, 1960], a wooden derrick over or used in connection with an oil and gas well in the City of Costa Mesa.

The city council finds and determines that existing wooden oil derricks in the City of Costa Mesa were erected many years ago; that because of their age and the effect of the elements upon such derricks, they have become structurally unsound and that such derricks being commonly saturated with oil and gas are fire hazards and should not be permitted in the City of Costa Mesa. All wooden derricks over or used in connection with oil and gas wells shall be removed and all debris therefrom cleaned up and removed from the oil well site one year after the effective date of this chapter [April 29, 1960].

It is unlawful and a nuisance, after six months from the effective date of this chapter [April 29, 1960], to use any open sump or reservoir within the City of Costa Mesa for the purpose of storing, holding or handling oil or liquid hydrocarbons, rotary mud, drill cuttings and oil field wastes, derived or resulting from or connected with the drilling, production, use, operating or maintenance of any oil and gas well. All of said substances and similar products shall be collected, and stored in steel tanks or other closed receptors as may be required in any city council permit.

Any well which has not been produced, or has not been used for subsurface injection into the earth of oil, gas, oil field waste, water or liquid substances for a period of one year preceding the effective date of this chapter [April 29, 1960] shall be permanently and finally abandoned in strict compliance with the rules and regulations of the Division of Oil and Gas of the State of California, or any regulatory authority having jurisdiction thereof.

No refinery, tank farm or commercial absorption plant shall be permitted or allowed within the City of Costa Mesa.

Any well drilled or produced and any building or structure erected, operated or maintained, or any use of property contrary to the provisions of this chapter, shall be and the same hereby is declared to be unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence action and proceedings for the abatement, removal and enjoinment thereof in the manner provided by law; and shall take such other action, and shall apply to any court having jurisdiction to grant such relief as will restrain and enjoin any person from drilling or producing any such well or from erecting, operating or maintaining such building or structure, or using any property contrary to the provisions of this chapter.

Any person, whether as principal, agent, employee, or otherwise, violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine or not more than $500, or by imprisonment for a period of not more than six months in the county jail, or by both such fine and imprisonment. Each day that any violation of this chapter continues shall be considered a new and separate offense.

If any section, subsection, sentence, clause or phrase of this chapter is held to be invalid for any reason, such invalidity shall not affect the validity of any other provision of this chapter. The city council of the City of Costa Mesa declares that the provisions of this chapter are separable and that it would have passed this chapter and each and every section, subsection, sentence, clause or phrase, irrespective of the fact that any one or more of the same be declared invalid.

Ordinance No. 14, entitled "An Ordinance of the City of Costa Mesa Prohibiting Oil Wells and Oil Drilling" is hereby repealed.

The drilling of core holes or test holes within the geographical boundaries of the city shall be prohibited in the same manner as set forth in section 13-289 relating to the drilling of wells for the production of oil, petroleum, tar, gas or other hydrocarbons. The drilling of core holes from outside the territorial limits of the city shall be prohibited, regulated or allowed on the same basis as the drilling of wells for production as provided for in section 13-290.

The drilling of core holes or test holes, if allowed or provided for under this chapter shall be regulated in the same manner and by the same rules and regulations as any oil and gas well drilled for production purposes and all of the provisions of this chapter applicable to oil and gas production wells shall be applicable to core holes or test holes.