Rio Vista City Zoning Code
CHAPTER 17
64 NATURAL GAS OPERATIONS
§ 17.64.010 Development on property where natural gas property rights exist with current rights of surface entry and use.
A.
These regulations and standards are intended to insure that all surface development pursuant to the underlying zoning designations takes place in an orderly manner that is compatible with continued or future economic, efficient and safe production of natural gas.
B.
All surface development projects on property where there are current mineral rights with surface entry and use shall satisfy either of the following:
D.
In addition to the findings required either for granting a use permit, as specified in subsection 17.66.070(D), or granting a planned unit development permit, as specified in Section 17.58.060, the planning commission shall also find for the proposed development subject to this section that:
1.
Any proposed locations of D-R districts or resource reservation areas on the property will provide opportunities for effective extraction of the natural gas reserves from the underlying field.
2.
The total development plan is consistent with the goal of insuring continued and future safe natural gas operations in the city that are compatible with the proposed use.
3.
Any D-R districts or gas resource reservation areas located on the property are large enough to accommodate not only the equipment necessary for natural gas production, but also any buffers, landscaping, walls, screens, drilling rig lay-down areas, parking and soundproof control barriers needed to insure the safety and compatibility of nearby uses in light of anticipated impacts of present or future gas operations. At a minimum, any gas resource reservation area shall consist of a drilling envelope of up to 2,500 square feet plus a minimum setback area of 145 feet measured from the edge of the drilling envelope.
4.
Uses allowed within the setback area shall be limited to those permitted under Section 13.12.070(A)(3) of this municipal code.
5.
The construction of the development has been conditioned to comply with Sections 13.12.080(E) and 13.12.090(C) of this municipal code.
6.
The total development plan provides adequate access from the D-R districts or gas resource reservation areas to available roads and natural gas pipelines.
7.
A minimum of 50% of the contiguous portion of the frontage of each gas resource reservation area consists of passive recreation, open space or roadway uses.
8.
The landscaping plan will adequately buffer and screen all D-R districts or gas resource reservation areas and gas operations from the proposed use during production and provide for maintenance of the landscaping.
9.
The approved development timetable provides an orderly schedule for phasing construction of the project in a manner compatible with the anticipated gas operations within any gas resource reservation areas or D-R district.
10.
The applicant for the development provided a copy of the application to the owner(s) of the affected mineral rights and the affected mineral lessee(s) via registered or certified mail within five days of submitting the development application to the city.
E.
In any case where there has not been substantial compliance with the development timetable or other conditions adopted in a use permit or planned unit development permit granted under this section, then the zoning administrator on his or her own initiative or at the request of a mineral owner or lessee of the subject property shall give to the permittee notice of a hearing before the planning commission pursuant to Section 17.58.060. Revocation of such permit shall be predicated upon evidence of substantial noncompliance with the terms or conditions of the permit; or an intention to abandon the project. In the case of an intention to abandon part but not all of a project, revocation may be limited to the abandoned portion.
(Prior code Appendix B § 537; Ord. 612 § 1 Exh. A, 2006)
§ 17.64.020 Development in close proximity to existing gas operations.
A.
Any development project, not subject to Section 17.64.010, that would cause an existing natural gas well, or one for which a city permit application permit has been made, to be designated a "critical well" under the regulations of the California Department of Conservation, Division of Oil and Gas, shall also require a use permit under Section 17.66.070 or a planned unit development permit under Chapter 17.58.
B.
In addition to the findings required either for granting a use permit, as specified in subsection 17.66.070(D), or granting a planned unit development permit, as specified in Section 17.58.060, the planning commission shall also find for the proposed development subject to this section that:
1.
The proposed development will be compatible with the existing or proposed natural gas wells;
2.
The location of the development project in close proximity to natural gas wells and facilities, and the conditions under which they would be operated or maintained, will not be detrimental to the public health, safety, or welfare, or materially injurious under the conditions which the project will be built, operated and maintained;
3.
The proposed development will be adequately screened from the existing or proposed natural gas wells and facilities during both drilling operations and production;
4.
Access to and from the existing and proposed gas wells and facilities, including pipelines, by trucks, heavy equipment and other traffic, will not be significantly diminished by the proposed use;
5.
The development has been conditioned to comply with Sections 13.12.080(E) and 13.12.090(C) of this municipal code;
6.
Uses allowed within 145 feet of any existing well or within 145 feet of the drilling envelope for any proposed well site for which a conditional or master natural gas permit has been issued in accordance with Chapter 13.12 of this municipal code, shall be limited to those uses permitted under Section 13.12.070(A)(3) of this municipal code;
7.
A minimum of 50% of the contiguous portion of the frontage of each gas resource reservation area consists of passive recreation, open space or roadway uses;
8.
The applicant for the development provided a copy of the application to the owner(s) of the affected mineral rights and the affected mineral lessee(s) via registered or certified mail within five days of submitting the development application to the city.
(Prior code Appendix B § 539; Ord. 612 § 1 Exh. A, 2006)
§ 17.64.030 Gas operations.
Gas operations shall be allowed in all zoning districts consistent with Chapter 13.12 of this municipal code (Natural Gas Operations).
(Prior code Appendix B § 539; Ord. 612 § 1 Exh. A, 2006)