The purpose of this chapter is to promote the economic recovery of oil, gas and other hydrocarbon substances in a manner compatible with surrounding land uses and to protect the public health and safety by establishing reasonable limitations, safeguards and controls on exploration, drilling and production of hydrocarbon resources. The procedures and standards contained in this chapter shall apply to all exploration, drilling and production activities related to oil, gas and other hydrocarbon substances carried out in the city. (Ord. 768-08, 8-19-2008)

No review or permit shall be required for the drilling of any steam injection well, steam drive well, service well, or any well intended for the exploration and development or production of oil, gas and other hydrocarbon substances, or for any related accessory equipment, structures or facility in the A (agricultural) or NR (natural resources) zone districts; or in subsection 6-3-5(B) of this title, permitted uses in the PE zone district of the city; provided, that:

   (A)   Code Compliance: All drilling installations and operations comply with the requirements of state law and with applicable fire and safety ordinances and regulations of the city.

   (B)   Distance To Residence: Drilling shall not be commenced within one hundred feet (100') of any existing residence without the written consent of the owner thereof.

   (C)   Signage: Signs shall be limited to directional, warning and identification signs in connection with oil, gas or other hydrocarbon drilling and development operations.

   (D)   Nonhazardous Disposal: Disposal of nonhazardous oil field liquid waste and production water is considered an accessory facility only if the facility complies with the following:

      1.   The nonhazardous oil field liquid waste or production water is produced and disposed of within the same designated oil field; or

      2.   The nonhazardous oil field liquid waste or production water disposed of outside the designated oil field of origin is produced by and disposed of solely and only by the same individual, corporation or entity.

   (E)   Height Limits: Height limits shall be in accordance with section 6-11-12, "Height Limitations", of this title, except that no height limit shall apply to derricks and other equipment used during the exploration and drilling phase of development not in conflict with part 77 of the federal aviation regulations of the federal aviation administration, department of transportation, or any corresponding rules or regulations of the federal aviation administration, as amended. (Ord. 768-08, 8-19-2008)

   (A)   Plot Plan Required: No well for use as an injection well and no well for the exploration for or development or production of oil or gas or other hydrocarbon substances may be drilled, and no related accessory equipment, structure or facility may be installed in an industrial zone district until an application for plot plan review has been submitted to and approved by the planning director as consistent with the standards set out in this chapter. In approving application for plot plan review, the planning director may waive any standards set out in this chapter if it is determined that such waiver will not result in material detriment to the public welfare or to the property of other persons located in the vicinity.

   (B)   Nonhazardous Waste Disposal: Disposal of nonhazardous oil field liquid waste or production water is considered an accessory facility only if the facility complies with the following:

      1.   The nonhazardous oil field liquid waste or production water is produced and disposed of within the same designated oil field; or

      2.   The nonhazardous oil field liquid waste or production water disposed of outside the designated oil field of origin is produced by and disposed of solely and only by the same individual, corporation or entity. (Ord. 768-08, 8-19-2008)

   (A)   Districts Permitted; Permit Required: No well for use as an injection well and no well for the exploration, development or production of oil, gas or other hydrocarbon substances may be drilled, and no related accessory or ancillary equipment, structure or facilities thereto, of oil, gas or other hydrocarbon substances, may be drilled or installed in any zone district other than the A, NR, I zone districts or in a DI zone district where the DI zone district is combined with an application for a tentative tract map upon which tentative tract map conditions of approval relating to the screening and landscaping of the DI zone district is approved by the city council; or within a PE overlay zone district in accordance with the provisions of section 6-10-2 of this chapter, until an application for a conditional use permit has been submitted to and approved by the planning commission, consistent with the provisions of section 6-2-5, "Conditional Use Permit", of this title. The planning commission may waive any condition set forth in the development standards and conditions if it determines that there will be no material detriment to the public welfare or safety of persons and property located in the vicinity of such a well.

   (B)   Nonhazardous Waste Disposal: Disposal of nonhazardous oil field liquid waste and production water is considered an accessory facility only if the facility complies with the following:

      1.   The nonhazardous oil field liquid waste or production water is produced and disposed of within the same designated oil field; or

      2.   The nonhazardous oil field liquid waste or production water disposed of outside the designated oil field of origin is produced by and disposed of solely and only by the same individual, corporation or entity.

   (C)   Term Of Permit: If a producing well or service well is not completed upon land subject to said conditional use permit within twelve (12) months from the date of issuance of the conditional use permit, or within any extended period thereof, the conditional use permit shall expire and the premises shall be restored as nearly as practicable to its original condition. No permit shall expire while the permittee is continuously conducting drilling, redrilling, completing or abandoning operations, or related operations, in a well on the lands covered by such permit, where operations were commenced while said permit was otherwise in effect. Continuous operations are operations not suspended more than thirty (30) consecutive days. If, at the expiration of the twelve (12) month period, the permittee has not completed the drilling program on the lands covered by such permit, the planning commission may, upon a written request of the permittee, extend the permit for the additional time requested by the permittee for the completion of such drilling program. (Ord. 768-08, 8-19-2008)

All wells drilled, pursuant to the provisions of this chapter, for the exploration and development, production, storage, transmission and treatment, and any accessory or ancillary equipment, structure or facilities thereto, of oil, gas and other hydrocarbon substances, shall comply with the following standards, unless otherwise provided in this chapter:

   (A)   Distance Restrictions: No oil or gas well shall be drilled within one hundred feet (100') of the right of way of any public highway, proposed public highway, official plan line or specific plan line, within one hundred feet (100') of any building not necessary to the operation of the well, within one hundred fifty feet (150') of any dwelling, assembly, institution or school, or within fifty feet (50') of any building utilized for commercial purposes constructed prior to the commencement of such drilling without the written consent of the owner of such structure.

   (B)   Code Compliance: All drilling and production activities shall conform to all applicable fire and safety regulations. Firefighting apparatus, materials and equipment required by the city shall be maintained on the site at all times during drilling and production operations.

   (C)   Signage: No signs, other than directional and warning signs and those required for identification of a well, shall be constructed, erected, maintained or placed on the premises, or any part thereof, except those required by law or by ordinance to be displayed in connection with the drilling or maintenance of a well.

   (D)   Sanitation: Sanitary toilet and/or washing facilities, if required by the Kern County health department or other governmental agencies, shall be installed and maintained in a clean and sanitary condition during drilling operations, and at such other times as specified by these agencies.

   (E)   Technical Improvements: Proven technological improvements generally accepted and used in drilling and production methods shall be employed as they become available if they are capable of reducing nuisances or annoyances.

   (F)   Removal Of Equipment: All derricks, boilers and other drilling equipment employed, pursuant to the provisions of this chapter, to drill any well hole or to repair, clean out, deepen or redrill any completed well, shall be removed within ninety (90) days after completion of production tests, following completion of such drilling or after abandonment of any well, unless such derricks, boilers and drilling equipment are to be used within a reasonable time, as determined by the planning director, for the drilling of another approved well on the premises.

   (G)   Earthen Sumps: Within ninety (90) days after any well has been placed in production, or after its abandonment, earthen sumps used in drilling and/or production (unless such sumps are to be used within a reasonable time as determined by the planning director for the drilling of another well) shall be filled and the drilling site restored as nearly as practicable to a uniform grade. Temporary earthen sumps may be used for cleanout or remedial work on an existing well or other production facility. However, these sumps shall be filled and the site restored as nearly as practicable to a uniform grade within ninety (90) days after the cleanout or other remedial work is completed. Such restoration work shall comply with all applicable regulations of the California division of oil, gas and geothermal resources.

   (H)   Derrick Type: Any derrick used for servicing operations shall be of the portable type, unless proof is provided that the well is of such depth or has some other characteristics such that a portable type derrick will not properly service such well. In that instance, the planning director may approve the use of a standard type of derrick.

   (I)   Screening Of Tanks: Whenever oil or gas is produced into and shipped from tanks located on the premises, such tanks, whenever located within five hundred feet (500') of any dwelling or commercial building, shall be surrounded by shrubs or trees, planted and maintained to provide attractive landscaping or be fenced in such a manner as to, insofar as practicable, screen such tanks from public view. Such fencing shall comply with the requirements of the California division of oil, gas and geothermal resources.

   (J)   Hours: Whenever a well is located within five hundred feet (500') from an existing dwelling unit, except in case of emergency, no materials, equipment, tools or pipe used for either drilling or production operations shall be delivered to or removed from the drilling site, except between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M., unless otherwise required by the California division of oil, gas and geothermal resources.

   (K)   Noise Control: Pumping wells shall be operated by electric motors or muffled internal combustion engines.

   (L)   Height Of Pumping Units: The height of all pumping units shall not exceed thirty five feet (35') and shall be properly maintained and kept in a neat condition.

   (M)   Dust Control: All vehicle parking and maneuvering areas shall be treated and maintained with oiled sand or a similar dust binding material.

   (N)   Fencing: After production begins and a pump is installed on the wellhead, a fence at least six feet (6') in height shall be installed around the pump site or drilling island for public safety. This fence shall be constructed of chainlink with wood or metal slats or other screening materials as may be required by the planning director. This fencing and screening requirement shall apply only to those pump sites located within five hundred feet (500') of any residentially zoned district. Such fencing shall comply with the requirements of the California division of oil, gas and geothermal resources.

   (O)   Compliance: All required federal, state, county and city rules and regulations shall be complied with at all times, including, but not limited to, the rules and regulations of the following agencies:

      1.   California department of oil, gas and geothermal resources;

      2.   Kern County fire department;

      3.   Kern County health department;

      4.   Regional water quality control board;

      5.   San Joaquin Valley unified air pollution control district. (Ord. 768-08, 8-19-2008)

An application for a conditional use permit shall include the following:

   (A)   Name and address of applicant.

   (B)   Name and address of the property owner.

   (C)   Assessor's parcel number.

   (D)   Legal description of the property.

   (E)   A plot plan or site development plan drawn at the scale specified by the planning director, which includes the following information:

      1.   Topography and proposed grading;

      2.   Location of all proposed well holes and related accessory equipment, structures and facilities to be installed and any abandoned wells if such are known to exist;

      3.   Location of all existing dwellings and buildings used for other purposes, located within three hundred feet (300') of the proposed well holes, identification of the use of each structure, and distances between well holes and existing buildings;

      4.   North arrow.

   (F)   Narrative description of the proposed development, including:

      1.   Acreage or square footage of the property;

      2.   Nature of hydrocarbon development activity;

      3.   Description of equipment to be used;

      4.   Distance to all existing buildings;

      5.   Phasing or development schedule.

   (G)   Additional information may be required, as part of an application for a conditional use permit, as provided in section 6-2-5 of this title. (Ord. 768-08, 8-19-2008)

Any permit issued pursuant to this chapter may be revoked or modified pursuant to section 6-2-20, "Revocation Of Permits", of this title. (Ord. 768-08, 8-19-2008)