The purpose hereof is to establish site development standards for properties not included in the oil and gas production district.

(Prior code § 9248)

Oil and gas production, as defined in Chapter 5.52, shall be a permitted use in any zone within the city; provided, that if such usage is to be located upon property which is not included in an O-zone, as described in Chapter 17.44 of this code, then such use shall conform to all of the provisions of Chapter 5.52 of this code. The definitions set forth in Chapter 5.52 of this code shall apply to the provisions of this title.

(Prior code § 9248.1)

No drill site shall be located closer than one thousand three hundred twenty feet to any other drill site, except a drill site located in an O-zone. A drill site having thereon an operating or suspended well, existing on the effective date of the provisions hereof, shall be deemed to include all of the area within one hundred feet from the center of such well.

(Prior code § 9248.2 (1) (a))

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 three hundred thirty feet by three hundred thirty feet.

(Prior code § 9248.2 (1) (b))

The number of wells which may be drilled shall not exceed one well to each five acres in the operating unit.

(Prior code § 9248.2 (1) (c))

No oil well shall be drilled within one hundred seventy-five feet of any dwelling unit. This distance may be reduced to one hundred feet if the well and the dwelling are separated by a minimum eight foot high masonry wall, subject to the approval of the building inspector as to control of hazard.

(Prior code § 9248.2 (1) (d))

Except for emergency work, all work in preparation of the site for drilling or for maintenance after the well is operational, shall be conducted only between the hours of seven a.m. and seven p.m., if at the time of such work there exists:

A.

Twenty-five or more dwelling units within one thousand three hundred twenty feet of the proposed location of the well; or

B.

Six or more dwelling units within six hundred sixty feet of the proposed location of the well.

(Prior code § 9248.2 (1) (e))

Roads and excavations servicing sites shall be planned, constructed and maintained so as to provide stability of fill, minimized disfigurement of the natural landscape, maintain natural drainage and minimize erosion.

(Prior code § 9248.2 (1) (f))

No slope or cut or fill shall have a gradient steeper than one foot rise in one foot horizontal measurement. Where by reason of the soil condition, the condition of the terrain or size or length of the cut and fill required, it is impractical to provide such gradient, the city engineer of the city may grant an exception to such requirement provided he first finds that compliance with the requirement is impractical and that the integrity of the neighborhood will be maintained if such exception is granted.

(Prior code § 9248.2 (1) (g))

All excavation slopes, both cut and fill, shall be planted and maintained with grasses, plants or shrubs during drilling and production operations, but only to the extent reasonably necessary to render the same comparable to the condition of other properties in the vicinity.

(Prior code § 9248.2 (1) (h))

Prior to the commencement of drilling operations, the drill site shall be enclosed by a solid redwood fence or a solid masonry wall eight feet high on all sides, except those sides on which exists a natural or artificial barrier of equal or greater solidity and height. Solid redwood board gates shall be installed and be equipped with keyed locks and shall be kept locked at all times when unattended. Any and all supporting members of the fence shall be on the interior of the fence. Such fence or wall shall be in lieu of other fencing requirements.

(Prior code § 9248.2 (1) (i))

All off-site pipelines serving the drill site shall be buried not less than three feet below the surface of the ground.

(Prior code § 9248.2 (1) (j))

An off-street parking area containing not less than five parking spaces shall be provided for each drill site and shall be surfaced and maintained in accordance with Chapter 17.52 of this code.

(Prior code § 9248.2 (1) (k))

Sanitary facilities shall be provided at each drill site in accordance with the provisions of this code.

(Prior code § 9248.2 (1) (l))

The following provisions relating to site drilling machinery which produces noise shall apply to all drill sites.

(Prior code § 9248.2 (2) (part))

The derrick and all drilling machinery which produces noise shall be enclosed with soundproofing material in the manner specified in Chapter 5.52 of this code.

(Prior code § 9248.2 (2) (a))

All lights shall be directed or shielded so as to confine direct rays to the drill site.

(Prior code § 9248.2 (2) (b))

The delivery or removal of equipment or material from the drill site shall be limited to the hours between seven a.m. and seven p.m. except in case of emergency.

(Prior code § 9248.2 (2) (c))

Drill pipe shall be racked and made up only between the hours of seven a.m. and seven p.m., except within the derrick.

(Prior code § 9248.2 (2) (d))

All power sources shall be electric motors or muffled internal combustion engines.

(Prior code § 9248.2 (2) (e))

All well head equipment shall be installed in cellars and no portion of such equipment shall be located or project above the surface of the surrounding ground.

(Prior code § 9248.2 (3) (a))

Motive power for production operations shall be completely enclosed in a building or buildings insulated with sound deadening materials. Such building(s) shall be of residential appearance and no portion thereof shall exceed sixteen feet in height.

(Prior code § 9248.2 (3) (b))

Buildings housing motive power for production operations shall be located on the drill site.

(Prior code § 9248.2 (3) (c))

Except as otherwise herein specifically permitted, no permanent building, structure or other installation on the drill site shall be, or project, more than eight feet above the surface of the surrounding ground.

(Prior code § 9248.2 (3) (d))

There shall be no storage of material, equipment, machinery or vehicle which is not intended for immediate use or servicing of an installation on the drill site.

(Prior code § 9248.2 (3) (e))

The drill site and all permanent installations shall be maintained in a neat, clean and orderly condition.

(Prior code § 9248.2 (3) (f))

Storage tanks shall be located on a drill site.

(Prior code § 9248.2 (3) (g))

Storage tank capacity at the drill site shall not exceed a total aggregate of eighty-four thousand gallons exclusive of processing equipment; nor shall such tanks exceed a height of eight feet.

(Prior code § 9248.2 (3) (h))

All surfaces of permanent buildings, structures or other installation within the drill site shall be painted and maintained in a neat and orderly manner.

(Prior code § 9248.2 (3) (i))

Oil produced at each drill site shall be removed therefrom by an underground pipeline or pipelines. Such pipeline or pipelines shall be constructed within one hundred eighty days after the date the first well in the drill site is completed and shall comply with Section 17.56.120.

(Prior code § 9248.2 (3) (j))

No refinery, dehydrating or absorption plant of any kind shall be constructed, established or maintained on any drill site or within the outer boundary line.

(Prior code § 9248.2 (3) (k))

Natural gas shall not be vented to the atmosphere nor burned by open flame.

(Prior code § 9248.2 (3) (l))

Well servicing shall be done between the hours of seven a.m. and seven p.m. of any day except in case of emergency.

(Prior code § 9248.2 (3) (m))

No sign which is visible from outside the drill site shall be caused, permitted or allowed to be or remain any place on the drill site except:

A.

Such signs as are required by law; or

B.

Warning signs; or

C.

No trespassing signs.

(Prior code § 9248.2 (n))

Shrubs shall be planted and maintained along the exterior of the fence or wall enclosing the drill site. This requirement shall not be construed to limit or prohibit additional site beautification by landscaping or other planting.

(Prior code § 9248.2 (o))

A well shall be deemed to be an idle well:

A.

Unless it has produced one or more barrels of oil or other hydrocarbon substances or ten thousand or more cubic feet of gas within any twelve-month period after effective date of this regulation; or

B.

If there has been a cessation of production therefrom of oil, gas or other hydrocarbon substances, and it appears that the operator thereof intends to permanently cease production. The removal from the drill site of any necessary integral part of the equipment or machinery necessary for the production of oil or gas, including, but not limited to, the pumping unit, rods or tubing, for purposes other than repair or replacement, shall be prima facie evidence of such intent; thereafter the operator shall have the burden of proof to show that no such intent to cease operations exists; or

C.

If the drilling or redrilling of a well has been commenced, but the facility has not produced one or more barrels of oil or other hydrocarbon substances, or ten thousand or more cubic feet of gas, within twelve months thereafter; or

D.

An injection well shall be deemed to be an idle well within the meaning hereof where the owner or operator thereof has not, within any period of twelve months or more, utilized the same for injecting hydrocarbon substances, and other substances utilized in connection therewith, into the earth.

(Prior code § 9248.3 (1))

Whenever the building inspector determines that a well is an idle well, he shall give notice thereof, to:

A.

The owner of the fee simple interest in the land on which such well is situated; and

B.

The owner of the mineral lease on which such well is situated; and

C.

The license of such well as shown on the records of the license inspector of the city. For the purposes hereof, the licensee of a well shall be deemed to be the operator of such well.

(Prior code § 9248.3 (2))

Within ninety days after:

A.

The building inspector has given notice of an idle well; or

B.

A notice of intention to abandon a well has been given to the State Division of Oil and Gas by the owner or the operator pursuant to Section 3229 of the State Public Resources Code or any amendment thereto;

the owner and/or operator of such well shall abandon the well pursuant to the provisions of Chapter 5.52 of this code.

(Prior code § 9248.3 (3))

A.

Within thirty days after notice of an idle well is given as provided in Section 17.56.370, the owner or the operator of such facility may, in writing, apply to the planning commission of the city (1) for a decision that the well is not an idle well, as defined in Section 17.56.360, or (2) if such well is an idle well, for an exception to the provisions of Section 17.56.380. Such application, in the form prescribed by the city planner, shall be filed with the secretary of the planning commission and shall be accompanied by a filing fee of twenty-five dollars.

B.

The provisions of Section 17.56.380 shall be suspended from the date an application for a decision or exception is filed with the planning commission as provided in subsection A of this section, until a decision thereon is rendered or the exception is granted or denied.

(Prior code §§ 9248.3 (4) and (5))

Upon receipt of such application the secretary of the commission shall set the same for public hearing before the commission, and shall give notice thereof to the applicant and to all persons known to have an interest in the land on which the well is situated. The commission shall conduct the hearing and determine whether the application should be approved, disapproved or denied in accordance with the provisions hereof.

(Prior code § 9248.3 (6))

At the conclusion of the hearing on an application for a decision that the well is not an idle well, the commission shall decide whether or not the well is an idle well in accordance with the provisions of Section 17.56.360. If the commission determines that the well is an idle well, the owner and/or operator thereof shall cause the same to be abandoned as provided in Section 17.56.380 unless an appeal from such decision is taken in the time and manner prescribed in Chapter 17.78 of this code.

(Prior code § 9248.3 (7))

A.

At the conclusion of the hearing on an application for an exception, the commission shall grant the exception if the commission finds:

1.

That the conclusion has shown good cause why there has been no production during the twelve-month period or why there has been a cessation of production; and

2.

That there are practical difficulties or unnecessary hardships resulting from the strict enforcement hereof; and

3.

That permitting further operation will not be materially detrimental to the public welfare or to the use of adjacent properties; and

4.

That such continuation will not substantially interfere with the orderly development of the city as provided for in the land use element of the community general plan.

B.

Where an exception is granted, the commission may impose thereon such conditions as it may deem reasonable and proper. Unless stated otherwise by the commission, the exception shall be in effect for a period of two years from the date the same is granted. If the commission denies the application, the owner/or operator shall abandon the well as provided in Section 17.56.380. The determination of the commission shall be final and conclusive in the absence of an appeal from such decision to the city council perfected in the time and in the manner prescribed in Chapter 17.78 of this code.

(Prior code § 9248.3 (8))

In the event of an appeal to the council, the council shall hold a hearing thereon, and based upon the evidence presented, affirm, modify or reverse the commission's determination, based upon the criteria set forth in Sections 17.56.360 through 17.56.420. Such hearings may be continued from time to time by the council. The decision of the council shall be final and conclusive.

(Prior code § 9248.3 (9)

Notwithstanding any other provision hereof to the contrary, in the case of a well for which a notice of intention to abandon has been given to the State Division of Oil and Gas pursuant to Section 3229 of the Public Resources Code or any amendment thereto, such well shall be conclusively deemed an idle well and the abandonment procedures set forth in Chapter 5.52 of this code shall be followed.

(Prior code § 9248.3 (10))

Notwithstanding the provisions of this code dealing with the abatement of nonconforming uses or buildings, all uses, incident and accessory to the exploration and/or production of gas and oil, as regulated hereby, shall be made to conform to the following:

A.

Whenever a property is reclassified so as to remove it from a designated O-zone, all uses thereon, as described herein shall be made to conform to the provisions hereof, within a period of one year from the effective date of such reclassification.

B.

All uses described herein which exist on the effective date hereof shall be made to conform to the provisions hereof within a period of three years.

(Prior code § 9248.4)