Fullerton City Zoning Code

   (A)   This zone is intended to minimize conflicts when existing oil facilities are proposed for inclusion in new residential development.

   (B)   This zone is an overlay zone, to be used only with a underlying residential base zone.

   (C)   Different standards and requirements are established, depending on proximity of facilities to dwelling units, access to the facilities and whether facilities are integrated into private or public open space areas or not.

   (D)   The O-G (Oil-Gas) Zone will continue as the basic oil operations zone where continued production of and new drilling for oil, gas and other hydrocarbon substances is permitted and encouraged.

   (E)   The requirements imposed by this zone are intended to supplement those requirements for oil and gas operations and abandonment procedures mandated by the Cal. Public Resources Code §§ 3106 et seq. and the regulations promulgated under that statutory authority.

(Ord. 2982, passed - -2001)

   (A)   The application of this zone shall be signified by the designation of an “O” suffix following the base zone designation on the official zoning map. For example, the use of this zone in conjunction with the planned residential development zone would be designated as “PRD-O.”

   (B)   Approval of the overlay zone shall be obtained by the applicant for the residential development prior to or concurrent with the recordation of a residential tract map on the subject property.

   (C)   However, the provisions of §§ 15.22.060, 15.22.080 and 15.22.090 shall take effect only when homes are occupied within 300 feet of the well in question.

(Ord. 2982, passed - -2001)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABANDONMENT. As defined by the regulations of the Division of Oil and Gas of the State Department of Conservation and includes the restoration of the drill site as required by said regulations.

   DERRICK. Any framework, tower or mast, together with all parts of and appurtenances to such structure, including any foundations.

   DESERTED WELL. As defined in Cal. Public Resources Code § 3237; i.e., a well that has had no production or injection equipment or facilities utilized in connection with it for a consecutive period of two years or more.

   DRILLING. Digging a hole in the earth for the production of oil and gas.

   IDLE WELL. A well with no active production or injection equipment or facilities operating in connection therewith, but not yet qualified as a deserted well.

   INJECTION WELL. A well used for the purpose of injecting water, wastewater, hydrocarbons, gas, steam or any other substance under pressure into an underground stratum.

   RECOMPLETION. Work performed on a well to change production intervals that does not require redrilling or deepening.

   REDRILLING. The deepening of an existing oil well or otherwise drilling beyond the extremities (to the side) of the existing well casing.

   REWORKING. Routine work performed on a well after its completion, in an effort to secure production where there has been none, restore production that has ceased or increase production. As an example, cleaning out a well that has silted up, including the pulling up of the rods or tubing is a typical REWORKING operation.

   SUMP or SUMP-PIT. An earthen pit lined or unlined for the discharge of oil field wastes.

   WELL. A hole drilled into the earth for the purpose of exploring for or extracting oil, gas or other hydrocarbon substances or for the purpose of injecting fluids for enhanced secondary recovery or otherwise related to such purposes.

(Ord. 2982, passed - -2001)

   (A)   The proposed residential developer shall, together with any required zone change and/or tentative tract map request, provide a plan showing how existing oil well facilities will be protected and integrated into the proposed residential development.

   (B)   The developer shall also submit a plan of the ultimate use of the land after abandonment of the wells.

   (C)   The plans shall be submitted to the city, the State Division of Oil and Gas and the oil operator. Comments from the latter two shall be submitted for consideration by the Planning Commission at least two weeks prior to the public hearing on the requested zone change and/or tentative tract map. The Division of Oil and Gas and operator shall be notified of the public hearing by the Development Services Department at the earliest possible date, but not less than 20 days prior to the hearing. The public hearing should be held no sooner than 60 days after the plan is submitted to the city, the State Division of Oil and Gas and the oil operator.

(Ord. 2982, passed - -2001)

   (A)   The provisions of Cal. Public Resources Code §§ 3600 et seq. shall be adhered to.

   (B)   At least 100 feet must be provided between all operating or idle wells of any kind and any buildings not related to oil operations.

   (C)   At least 300 feet must be provided between any such well and buildings intended for public or assembly occupancy (such as recreation buildings or clubhouses).

   (D)   The developer shall design the residential development to assure that these requirements are met. Any buildable lot containing an area which may not be built upon because of this requirement shall be encumbered by the developer concurrent with the recordation of the final tract map with a deed restriction specifying the area so encumbered and identifying the name and location of the well causing the encumbrance. The encumbrance shall state that it will expire upon full abandonment of the well causing the encumbrance.

(Ord. 2982, passed - -2001)

   (A)   All existing or idle wells (including injector or stimulation wells, and deserted wells) may be restored to producing or injection status, subject to the regulations of this chapter; but, except for well sites located in a large undeveloped area or public or private common open space area with independent private access to major, primary or secondary highways or local collector streets with no residential lots fronting thereon, all as determined by the Master Plan of Streets and Highways, and meeting the criteria in §§ 15.22.050 and 15.22.100, any well from which the pumping equipment has been removed shall be refitted only with underground pumps or pumps with equipment that does not exceed the height of the wall required by § 15.22.100, unless disapproved by the State Division of Oil and Gas.

   (B)   All wells may be maintained and reworked to maintain their operational status. Any such well may be redrilled outside of their original well shaft or extended to a different zone or recompleted; and new wells may be drilled if such well meets the requirements of §§ 15.22.050 and 15.22.100. Any such new well shall also meet the pumping equipment restrictions of division (A) above.

   (C)   At least two days prior to the commencement of any of the above-referenced operations requiring the installation of a derrick, the operator shall provide mailed notice to notify all residential property owners as identified on last equalized assessment roll within 300 feet of the wellhead of the proposed operation, the contemplated nature and duration thereof, the proposed access route and times of deliveries, and the name and phone number of the operator’s representative who may be contacted in the event of questions or complaints by the residents. Exceptions to the requirement of this division (C) may be granted by the Director of Development Services in the case of emergency operations.

   (D)   Deserted wells shall be abandoned within 60 days of an order to do so by the State Division of Oil and Gas in accordance with Cal. Public Resources Code § 3237. At the time of a residential proposal, and at five-year intervals thereafter, the city may request that the Division of Oil and Gas review for possible abandonment any deserted well.

   (E)   All well sites and all permanent installation shall be maintained in a neat, clean and orderly condition. All equipment shall be painted and maintained in good condition.

(Ord. 2982, passed - -2001)

   (A)   All aboveground or underground sumps, tanks or other peripheral facilities and equipment, including any areas of oil field wastes or drilling muds, as those terms are interpreted by the Division of Oil and Gas pursuant to their applicable regulations, shall be removed from the area to be developed and relocated prior to or in connection with residential development of the area and shall be certified and/or approved by the State Division of Oil and Gas as meeting the requirements of their regulations, 14 C.C.R. Division 2, Chapter 4, Subchapter 2, Article 3, § 1776(a) and (b), as to those areas and facilities governed thereby.

   (B)   The developer’s engineer shall identify all such areas of drilling muds and oil field wastes in the preliminary report required by Title 14 of this code, and shall certify that all such muds and wastes have been removed from the site in his or her final report as required by Title 14 of this code.

   (C)   All operating wells, whether injectors or producers, shall be operated by electric motors and served by underground pipelines and electric service, all of which shall be located or relocated in public or private streets or public or private common open space areas.

   (D)   Rotary mud, drill cuttings, oil field wastes, oil or other liquid hydrocarbons and all other oil field wastes derived or resulting from, or connected with, ongoing operations relating to the reworking, redrilling or recompletion of any well shall be discharged into a portable steel sump tank. The tank and all such materials shall be removed forthwith from the drill site upon completion of such operation.

   (E)   If the City Council has approved and adopted a development agreement wherein the developer agrees to defend, indemnify and hold the city harmless for any and all liabilities, costs or expenses incurred as a result of any claim or legal action taken by any person on the basis of any muds, waste or soil contamination on the property covered by the development agreement, such muds and wastes may be remediated on-site rather than removed, providing that the developer’s soils engineer certifies that it has been done so in accordance with applicable rules and regulations of county and state agencies.

(Ord. 2982, passed - -2001)

   (A)   In the case of any existing or proposed wells in a location that would not require underground or low-height pumping equipment provided for in § 15.22.060(A) of this chapter, the operator shall conduct all proposed drilling operations and all redrilling, recompletion, reworking or maintenance operations, including deliveries of all kinds, between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. All other wells may be drilled, redrilled, recompleted, maintained and reworked, including deliveries, only between the hours of 7:00 a.m. and 5:30 p.m., Monday through Friday.

   (B)   Exceptions to these hours may be granted by the Director of Development Services in necessary cases, or when so ordered by the State Division of Oil and Gas. In such cases notice shall be provided in accordance with § 15.22.060(C) of this chapter.

(Ord. 2982, passed - -2001)

   (A)   The provisions of Chapter 15.90 of this title shall be complied with at all times. In the event of allegations submitted to the Development Services Department that any operation violates said chapter, and the Director of Development Services determines that noise measurements should be performed, the city shall engage the services of a qualified noise consultant to take the necessary noise measurements to determine the validity of such allegation and to report thereon to the Director of Development Services.

   (B)   (1)   If the measurements confirm the alleged violation, the oil operator shall deposit with the Director of Development Services a sum equal to the costs of the services of the noise consultant.

      (2)   In addition, noise protection measures shall be implemented to the satisfaction of the Director of Development Services.

   (C)   The Director may require that noise measurements be performed again to confirm that the mitigation measures have brought the operation into compliance with Chapter 15.90, and if so, the operator shall also be responsible for the cost of such confirming measurements.

(Ord. 2982, passed - -2001)

   (A)   Well sites which would not require underground or low-height pumping equipment as provided in § 15.22.060(A) of this chapter, and which are totally surrounded by public or private common landscaped open space for a distance of at least 25 feet beyond the proposed enclosure in all directions, shall be fully enclosed by view-obscuring fencing at least six feet high.

   (B)   All other well sites shall be fully enclosed, either individually or as a group, by a six-foot-high masonry wall with gates designed to the satisfaction of the Director of Development Services. Any such fence or wall shall comply with city setback requirements, and shall be approved by the State Division of Oil and Gas.

   (C)   The developer and oil operator shall jointly submit a letter to the Director of Development Services specifying financial responsibility for the construction and maintenance of all required fences and/or walls.

   (D)   Nothing in this section shall excuse the operator from compliance with the applicable requirements of the State Division of Oil and Gas.

   (E)   Any angular barbed wire strands required by the State Division of Oil and Gas shall be angled inward, toward the area being enclosed.

(Ord. 2982, passed - -2001)

   (A)   Landscaping shall be provided around wells and be designed to screen from view the full height of the well equipment.

   (B)   Landscaping shall be provided in front of walls and in related setback areas.

   (C)   Landscaping and irrigation shall be provided for landscaped areas pursuant to Chapter 15.50 for the following:

      (1)   Installation of new landscaped areas;

      (2)   Rehabilitation of existing landscaped areas where affected landscaped area is equal to or greater than 2,500 square feet;

      (3)   Installation of a new landscape area or areas less than 2,500 square feet in aggregate may opt to comply instead with the prescriptive measures contained in Chapter 15.50, Appendix A; or

      (4)   New or rehabilitated projects using treated or untreated graywater or rainwater captured on-site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel’s landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater captured on-site is subject only to Chapter 15.50, Appendix A.

(Ord. 2982, passed - -2001; Ord. 3134, passed - -2009; Ord. 3226, passed - -2016)

   A sign having a surface area of not less than two square feet and no more than six square feet bearing the current name and number of the well and the name or insignia and phone number of the operator shall be located and maintained at every well in a place where it will be fully visible at all times until the well is abandoned.

(Ord. 2982, passed - -2001)

   Lighting on derricks shall be shielded to protect surrounding residences from the glare. Lighting shall be kept to a minimum to maintain the normal nighttime levels in the area.

(Ord. 2982, passed - -2001)

   (A)   A tentative tract map submitted to the city shall show the location of all wells drilled on the property. Any well abandoned prior to residential development of the area shall comply with Cal. Public Resources Code § 3208.1 or be recertified prior to recordation of the final tract map by the State Division of Oil and Gas as meeting the most current abandonment requirements. Any well thereafter abandoned shall also be so certified.

   (B)   The residential development shall be designed such that the Director of Development Services is satisfied that no structure will be built over any well that has been abandoned or that could be abandoned in the future. No structure shall be constructed directly over an abandoned well.

   (C)   Any lot or parcel containing an abandoned well or potentially abandoned well shall be encumbered by the developer concurrent with the recordation of the final tract map, with a deed restriction specifying the exact location of said well and prohibiting any construction thereupon.

(Ord. 2982, passed - -2001)

   Any proposal to drill a new well or redrill an existing well or recomplete an existing idle or deserted well within an overlay zone shall require the issuance of a permit. Upon application for such permit, the Development Services Department may issue the permit based upon a review of the proposal for compliance with the provisions of this chapter and Chapter 15.45 of this title and consideration of the specific circumstances of the proposal.

(Ord. 2982, passed - -2001)