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Tracy City Zoning Code

ARTICLE 40

- Oil and Natural Gas Drilling Operations

10.08.4910 - Purpose.

The purpose of this article is to establish reasonable and uniform limitations, safeguards, and controls for the future drilling, exploration, excavation, mining, storage, transportation, and production (hereafter referred to as "drilling and production") of, oil, natural gas and other hydrocarbon substances. These limitations, safeguards and controls are deemed necessary and in the public interest to protect surface uses of land, protect the value and character of improvements in and near production areas, as well as protect and enhance the general health and welfare of the City's residents against the potential detrimental effects of drilling and production.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4001)

10.08.4920 - Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases in this article are defined as follows:

"Abandonment" means the permanent plugging of a well, pipeline, or other facility in accordance with the requirements of the California Division of Oil, Gas, and Geothermal Resources (State Public Resources section 3013 et seq.), the removal of all equipment related to the well, and includes the restoration of the drill or well operation site as required by this article.

"Attended" means guarded, monitored, or otherwise observed by a person who is situated close enough to the operation facilities so that he/she may observe the operation and activities of other persons in or near such facilities.

"Cellar" means an excavation around or above the top joint of the casing in a well.

"Completion of drilling, redrilling, or reworking" is deemed to occur, for the purpose of this code, sixty (60) days after the drilling crew has been released unless drilling, testing, or remedial operations are resumed before the end of the sixty (60) day period. The drilling crew is released within the meaning of this section when work at the well is stopped, either temporarily or permanently.

"Derrick" means any framework, tower, or mast together with all parts of and appurtenances to such a structure including any foundations, pump house, pipe racks, and every part thereof, which are required or used for the drilling and production of oil, natural gas, or other hydrocarbons, except tanks used for storage purposes.

"Desertion" means the cessation of operations at a drill site for sixty (60) days or more without compliance with the provision of this article.

"D.O.G." means the Division of Oil, Gas, and Geothermal Resources of the Department of Conservation of the State of California.

"Drill" or "drilling" means to dig or bore a well for the purpose of exploring for, developing, or producing oil, natural gas, or other hydrocarbons; or for the purpose of injecting water, steam, or other fluid or substance into the earth.

"Drilling district" means a surface area of a minimum of gross acres within which one drill site may be permitted.

"Drill site" means that surface area used for drilling a well or wells and the surrounding area for the safe operations thereof.

"Enhanced recovery" means any production method which involves the injection of water, gas, steam, or any other fluid or chemical into the earth for the purpose of producing oil, natural gas or other hydrocarbons.

"Existing well" means any well for which all applicable permits were obtained and that was drilled and capable of operating on the effective date of this article.

"Idle well" a well shall be deemed to be an idle well if the well does not produce natural gas for a continuous six (6) month period, except that an active enhanced recovery/injection well shall not be classified as an idle well.

"Injection well" means a well or converted producing well used for the purpose of injecting water, wastewater, brines, hydrocarbons, gas, steam, or any other substances for the purpose of enhanced recovery, repressurization, or disposal, whether under pressure, gravity, or vacuum.

"Lessee" means a person, company, or corporation that possesses the right to develop and produce oil or natural gas resources.

"Lessor" means the owner of the surface or mineral rights subject to an oil, natural gas, or other lease.

"Maintenance" or "maintain" means the repair or replacement of machinery, equipment, apparatus, structure, facilities and parts thereof, used in connection with an operation or drill, as well as any other work necessary to reduce fire hazards or hazards to employees, or to preserve the appearance of the facilities, and to reduce public health and safety hazards, including the maintenance of ongoing operations and the maintenance of grounds, landscaping, painted structures and appurtenant facilities.

"New well" means a new well bore or well hole established at the ground surface and shall not include redrilling or reworking of an existing well.

"Oil" means oil, natural gas, and other related hydrocarbons.

"Operation" means the use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, redrilling, reworking and repair, production, enhanced recovery, extraction, stimulation, abandonment, processing, storage, or shipping of oil, natural gas or other hydrocarbon substances or processing.

"Operation site" means the physical location where oil and natural gas operations consisting of dehydration and storage facilities and pumping units are allowed and conducted.

"Operator" means the person, firm, corporation, partnership, or association, whether proprietor, lessee, or individual contractor actually in charge and in control of the drilling, maintenance, operation of a well, wells, or lease, for producing, refining, or storing natural gas or other hydrocarbons substances.

"Owner" shall mean a person, firm, corporation, partnership, or association who owns mineral rights in land or a legal or equitable title in and right to occupy the surface of a drill site, well site, or operation site.

"Permittee" means the party having a valid permit for oil operations as required under this article.

"Redrilling" means any drilling operation, including horizontal deviation from the original well bore by more than a 500 foot depth, to recomplete the original well in the same or different zone.

"Rework" means any work that causes a significant change to the existing casing of a well bore. This includes any work which results in a mechanical change to the well, as determined and requiring approval by D.O.G., including but not limited to sidetracking of existing liners, liner removal, under-reaming, deepening, reperforating present producing zones, perforating new zones, milling, and sleeving of existing casings and water shutoff. Rework does not include abandonment, reabandonment well servicing, bailing, sweding, washing, scratching, or acidizing existing liners, rolling, or squeeze jobs in producing intervals.

"Servicing" includes routine maintenance and operation of any facility which does not involve reworking or redrilling.

"Sump" or "shaker pit" shall mean any lined pit or tank used for the collection and separation of production streams or wastes.

"Tank" means any container, used or designed to be used in conjunction with drilling, production, processing, refining, or storing of oil.

"Tank battery" means a collection of production-related tank facilities. "Tank battery" includes the area around the tanks enclosed by a berm, dike, fence or wall and a ten (10') foot wide setback on the exterior side of the berm, dike, fence or wall.

"Well" means a hole drilled into the earth for the purpose of exploring for and producing oil, natural gas, or other hydrocarbons, for the purpose of injecting liquids or gas for stimulating natural gas recovery, repressurizing, or pressure maintenance of oil gas reservoirs, or disposing of waste fluids.

"Well servicing" means and includes the remedial or maintenance work performed within an existing well which does not involve redrilling or reworking.

"Well site" means that surface area used for natural gas extraction operations or for injection purposes after drilling is completed. "Well site" includes the area around a well enclosed by protective fence or wall and a landscape buffer area on the exterior side of the fence or wall.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4002)

10.08.4930 - Drilling permitted in specific zones.

Drill sites and directional drill site locations are conditionally permitted in the Agricultural (A) Zone, Light Industrial (M-l) Zone, and Heavy Industrial (M-2) Zone, subject to compliance with all requirements contained in this article.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4003)

10.08.4940 - Establishment of drilling districts.

(a)

Drilling for oil, natural gas and other hydrocarbon substances may only occur within a drilling district approved by the Planning Commission. Drilling districts shall be a minimum size of 160 gross acres. One drill site may be permitted within each district.

The proceedings for establishment of a drilling district may be initiated by a verified application of one or more of the owners or lessees of property within the boundaries of the proposed district or by resolution of the Planning Commission. An application for the establishment of a district shall be filed with the Community Development Department and shall be accompanied by the applicable filing fee. In the application, the applicant shall agree to be bound by the provisions of this article and all provisions of any drilling district and Class C conditional use permit granted as a result of the application. Each application shall contain a statement that the applicant has the proprietary or contractual authority to drill for and produce oil, gas or other hydrocarbon substances under the surface of at least fifty-one (51%) percent of the property to be included in the district.

(b)

Districts shall include all property within their boundaries and shall be compact in area. The boundaries thereof shall so far as practicable follow property lines, public streets and the boundaries of previously created districts, thereby avoiding leaving areas between districts which cannot be later formed into districts of the minimum size. Land under such authority of the applicant and located outside the boundaries of the city and contiguous with the proposed district may be included for the purpose of calculating the minimum area.

(c)

Each application for a drilling district shall:

(1)

Include an application for a Class C conditional use permit for a drilling site;

(2)

A map and legal description of the proposed district.

(d)

A proposal to establish a district and related drilling site shall be set for public hearing before the Planning Commission. Processing time, public notice and appeal procedures shall be the same as those for a conditional use permit.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4004)

10.08.4950 - Permits required.

(a)

No person shall erect, construct, enlarge, alter, remove, demolish, or use any structure, appurtenant equipment, or tank proposed, intended to be used, or used for or in connection with the drilling for or production of oil, natural gas, or other hydrocarbon substance, including the fixed storage of such substances without first obtaining a Class C conditional use permit.

(b)

If a conditional use permit has been granted, a separate conditional use permit is not required for well servicing or maintenance.

(c)

All operations under the permit shall conform to the regulations and requirements of the D.O.G., State Regional Water Pollution Control Board and other applicable governmental agencies. The required permit approval is in addition to, and not in lieu of, any permit which may be required by other governmental agencies.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4005)

10.08.4960 - Commencement of drilling operations.

The conditional use permit approval shall expire within six (6) months from the effective date of the conditional use permit if drilling operations have not commenced, unless otherwise approved by the Planning Commission.

If a producing well is not secured within one year of the effective date, the well shall be abandoned. Prior to permit expiration, the permittee may petition the Planning Commission for an extension of the specified deadline. Upon expiration of the conditional use permit, or the abandonment of any well or facility, the applicant shall restore the premises to the conditions existing before the issuance of the permit.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4006)

10.08.4970 - Wells in annexed territory.

For existing wells located in territory annexed to the City after the effective date of this Article, the City shall have authority to enforce all of the conditions of any permit granted by the County. Regardless of any County permit, all new or reworked wells shall be in conformance with the provisions of this article, before drilling may commence.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4007)

10.08.4980 - Application submittal requirements.

(a)

The formal application for review shall be in the form required by the Community Development Department, and shall include the following additional information.

(1)

Preliminary title report and proof of proprietary or contractual authority to drill at the proposed well site;

(2)

Legal description of the site;

(3)

Site plans, drawn to scale, containing the following information:

(i)

The boundaries and dimensions of the proposed drill site,

(ii)

All existing and proposed buildings and structures or appurtenant facilities and their location, size, height or depth, and use on the site including, but not limited to, wells, tanks, dikes, pipelines, heaters, storage sheds, and the location of all pipelines,

(iii)

Walls and fences and their location, height, and component materials,

(iv)

Off-street parking, and pedestrian, vehicular, and service access, and internal circulation,

(v)

Signs and their location, size, height, materials, and lighting,

(vi)

Lighting locations and hooding devices,

(vii)

Location and width of existing and proposed public rights-of-way and private access roads,

(viii)

A landscaping and irrigation plan, including a landscape bond and agreement assuring performance thereunder,

(ix)

A contour map showing topography and proposed grading for the drill site. An erosion control plan shall also be provided to guarantee protection of public property and adjacent private property from dirt, water, dust, debris, and erosion from the drill site,

(x)

A vicinity map showing the proximity of the drill site to any building used for human occupancy within a three hundred foot radius;

(4)

A detailed description of the manner in which the natural gas will be produced and transported if the drilling operation is successful;

(5)

Information concerning the source, quantity, and quality of water to be utilized in the drilling production program, the manner in which the water will be transported and stored on site, and the method of disposal of wastewater and other drilling wastes, including the location of backflow preventers;

(6)

A complete set of engineered drawings and specifications for all structures (other than drilling derricks, drilling masts, and blow-out equipment required by D.O.G.), tanks, mechanical and electrical systems, and high pressure systems used in drilling operations;

(7)

A spill contingency plan that specifies the location, type of cleanup equipment, description of responsibilities for monitoring equipment, disposition of wastes, and reporting incidents;

(8)

A phasing plan for the staging of the drilling operations, including but not limited to, an estimated time-table for project construction, operation, completion, and abandonment, as well as location and amount of land reserved for future expansion;

(9)

Copies of all other-required permits from applicable governmental agencies;

(10)

The name, address, and phone number of the operator and the drilling contractor upon whom all notices provided by this title may be served;

(b)

The Community Development Director, may determine that select items described above, may be waived.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4008)

10.08.4990 - Redrilling.

Redrilling may be permitted, subject to written approval from the Community Development Director verifying compliance with all requirements contained in this title and the following conditions:

(a)

Written verification from the operator that the well is bottomed within the boundaries of the leased properties or outer boundary;

(b)

Written approval from D.O.G. that the well is in compliance with all state requirements.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4009)

10.08.5000 - Derricks.

(a)

All derricks and masts used for drilling, redrilling, rework operations, or production operations shall be constructed, maintained and operated consistent with California Division of Industrial Safety and OSHA Standards, and shall be at least equivalent to the standards and specifications of American Petroleum Institute (A.P.I.) as they presently exist or may be amended hereafter. Deviations from A.P.I. standards may be approved by the City Engineer.

(b)

All derricks or masts, standard or portable, which are used in either drilling, redrilling, rework operations, or for use in production or servicing operations, shall have derrick crown(s) shrouded to prevent any substances from spraying into the air.

(c)

All derricks, boilers, and masts hereafter erected for drilling, redrilling or rework operations, shall be removed within thirty days after completion of the work unless otherwise ordered by the D.O.G.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4010)

10.08.5010 - Blow-out prevention.

(a)

Upon cementing of the surface string of casing and prior to drilling out the shoe of the string, blow-out prevention equipment shall be provided, tested, and approved by D.O.G. in accordance with most recent D.O.G. requirements. Such equipment shall be capable of being operated from the driller's station and from another remote station. Redrill and rework operation shall be equipped with blow-out prevention equipment at the onset of operations in accordance with the most recent requirements of D.O.G.

(b)

Blow-out prevention equipment shall be maintained in good condition and shall be tested at intervals as required by D.O.G.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4011)

10.08.5020 - Cellars.

The following requirement shall apply to cellars:

(a)

Every cellar shall be constructed in accordance with the most current American Petroleum Institute (A.P.I.) and California Division of Industrial Safety Standards, whichever are more restrictive, as determined by the City Engineer.

(b)

Cellars shall be kept free of all fluids or debris at all times. During drilling and redrilling, the cellar shall be kept free of excess fluids by a pump which either discharges into a waste tank, mud pit, vacuum truck, or other approved disposal system.

(c)

Multi-well cellars exceeding three (3') feet in depth and twenty-five (25') feet in length shall have two means of entrance and exit and an additional exit for every fifty (50') feet in length thereafter. At least one means of entrance or exit for all multi-well cellars of twenty-five (25') feet in length shall be a stairway constructed to California Division of Industrial Safety standards.

(d)

Single cellars shall be covered with open grating and have no openings larger than three inches at any point. Covers shall be capable of supporting vehicle weight or be guardrailed to prevent vehicle access.

(e)

Openings for ladders through grating shall be designed to allow exit from the underside without obstruction, and shall be kept free of storage of any type. The openings shall not be less than twenty-four (24') inches on any side.

(f)

All bolts for blowout prevention flanges and kill valves at casing head shall be kept free of fluids to allow for routine inspection at any time.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4012)

10.08.5030 - Waste and refuse removal and control.

(a)

Rotary mud, drill cuttings, chemicals, oil or liquid hydrocarbons, and all other natural gas field wastes derived or resulting from, or connected with the drilling, redrilling or rework of any well shall be discharged into an above ground steel tank, constructed per the American Petroleum Institute (A.P.I.) standards, and removed from the drill site of leasehold within thirty (30) days from completion of drilling, redrilling or rework.

(b)

Open earth pits for waste disposal are prohibited.

(c)

Cement slurry or dry cement shall be disposed in an appropriate manner, and shall not be stockpiled on the surface.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4013)

10.08.5040 - Ground water.

The water supply of the City shall not be depleted, polluted, or contaminated by any operations of the applicant or his successors in interest. All fresh water shall be protected by means established by the D.O.G. and the State Regional Water Pollution Control Board.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4014)

10.08.5050 - Permitted zoning districts.

Owners or lessees of natural gas deposits located in property zoned other than Agricultural (A), Light Industrial (M-1), and Heavy Industrial (M-2), shall have the opportunity to develop the deposits and reach the deposits from controlled drilling sites located in the A, M-1, and M-2 zoning districts. However, all directional drill wells passing through or bottomed under property zoned other than A, M-1, or M-2, shall be below a depth of five hundred (500') feet.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4015)

10.08.5060 - Property right not granted by article.

The permittee may have certain rights and obligations in relation to the surface land owner, as determined by greater rights or obligations in relation to the surface land owner.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4016)

10.08.5070 - Setbacks and minimum drill site dimensions.

(a)

No drill site shall have a dimension more than two hundred (200') feet in any direction. However, the minimum dimension shall not be less than the height of the proposed drilling derrick. The Planning Commission may impose additional conditions deemed necessary to protect the public health, safety, and general welfare, upon making both of the following findings:

(1)

That the drill site dimension will not be materially detrimental to the public welfare or injurious to adjacent property.

(2)

There are special circumstances applicable to the property, including size, shape, topography, location, or surrounding buildings, which justify a minimum dimension in order to provide such property similar privileges enjoyed by other property in the same zone and vicinity.

(b)

No well shall be drilled where the center of the well bore, at ground surface, will be less than the following prescribed distances:

(1)

Fifty (50') feet to any adjacent interior property line not part of a natural gas surface leasehold;

(2)

One hundred (100') feet from a non-oil-related building for human occupancy;

(3)

One hundred feet from existing tanks, tank farms, or tank batteries used for storage of flammable materials;

(4)

Seventy-five (75') feet from any existing or proposed public right-of-way;

(5)

Three hundred (300') feet from any place of public assemblage, institution, hospital, or school;

(6)

Two hundred (200') feet from any public park.

(c)

Any provision contained in subsections (a) or (b) of this section may be modified in whole or in part for a redrill, if such provisions or requirements are deemed unnecessary by the Planning Commission; provided, that in such event, additional conditions may be imposed. Such conditions may include, but shall not be limited to, the following:

(1)

Installation of special guy wire supports during the redrilling operation;

(2)

Installation of acoustical blankets or panels around drilling equipment.

(d)

No structures shall be constructed closer than fifty (50') feet to the center of a well, other than buildings necessary for natural gas production, except that the distance of separation between a building and a well may be reduced to thirty-five (35') feet if all walls of the building are of two (2) hour fire resistive construction and have no openings.

(e)

With the exception of engines used in the drilling or servicing of wells no internal combustion engine, storage, tank or boiler, fired heater, open flame device, or other source of ignition, except welding supervised by the operator, shall be located within twenty-five (25') feet of any well.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4017)

10.08.5080 - Drill site grading, drainage, and surfacing.

All drill site grading, drainage, and surfacing shall conform to the following:

(a)

Access roads and other excavations related to the drill site shall be designed, planned, and maintained so as to minimize erosion, provide stability or fill, minimize disfigurement of the landscape, and maintain natural drainage.

(b)

There shall be erosion control of all slopes and on banks which are creased by any drill site construction, so that no mud or other substances are washed onto public streets or surrounding property. This control may consist of effective planting and irrigation, check dams, cribbing, riprap, sand bagging, netting, berms, or other devices or methods to control erosion previously approved for the operation site, pursuant to a landscape and irrigation plan submitted and approved pursuant to this code.

(c)

Drainage facilities, including but not limited to concrete catchbasins, swales, interceptor drains, or clarifiers shall be designed and installed as necessary to contain all mud or other substances on the drill site.

(d)

Prior to any drilling equipment, sub-bases, derricks, or pertinent equipment being placed on any drill site, all private roads used for access to the drill site, and the drill site itself, shall be surfaced and maintained with materials approved by the city to control dust, mud, erosion and drainage.

(e)

Access to the drill site from the public right-of-way shall be a minimum of twelve (12') feet in width, shall have the shortest and most direct route possible, and shall not interfere with non-drilling activities.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4018)

10.08.5090 - Off-street parking.

Prior to commencement of drilling or redrilling operations, an off-street parking area shall be provided on the drill site or leasehold for each well being drilled and shall be surfaced and maintained consistent with the requirements of the conditional use permit.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4019)

10.08.5100 - Signs.

(a)

A legible, permanent sign, no larger than twelve (12) square feet, shall be prominently displayed and maintained at all entrances to the drill site, to the satisfaction of the Fire Chief. Such signs shall be maintained until drilling equipment is removed or drilling operations are completed. Each sign shall contain the following information:

(1)

The name of the drilling contractor;

(2)

The name of the owner or operator;

(3)

The name of the lease and name and number of the well;

(4)

A current telephone number of person on twenty-four (24) hour call for emergencies.

(b)

A readily visible sign of durable material designating the well name and number shall also be prominently displayed on or near each well within the drill site.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4020)

10.08.5110 - Soundproofing and noise control.

(a)

If drilling or redrilling operations are located within 600 feet of an occupied building, noise sources associated with the operation shall be enclosed with soundproofing sufficient to ensure that noise levels do not exceed the noise limits contained in this code. Such soundproofing shall be installed prior to commencement of operations and may include but shall not be limited to the following:

(1)

Blanket covering for the first twelve (12') feet above the working platform;

(2)

Blanket covering of all housing, including but not limited to, engines, pumps, and generators;

(3)

Additional blanket covering, including the top of rig, crown block, or at ground level when deemed necessary by the City.

(b)

Nothing shall preclude the City from requiring soundproofing where a drilling, redrilling, or rework operation is more than 600 feet from an occupied building to avoid injury to the use and enjoyment of surrounding or adjacent property or in cases where a noise field test has verified noise levels in excess of the noise limits contained in this code.

(c)

All acoustical blankets or panels used for required soundproofing shall be of fire-proof materials, shall comply with the fire and building codes and the City and California Industrial Safety Standards, whichever are more restrictive and shall be maintained in good repair.

(d)

Electrical power shall be utilized in all pumping and production operations. The Planning Commission may approve the use of internal combustion engines during drilling in those applications for which electrical motors are not appropriate, and power generation for these motors require diesel or gasoline generators or engines.

(e)

Exhaust muffler shall be installed and maintained in good repair on all approved gasoline or diesel engines to prevent excessive or unusual noise. All engines shall be provided a means to prevent the escape of flames, sparks, ignited carbon, and soot.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4021)

10.08.5120 - Screening and height requirements.

All equipment necessary to the production of natural gas and other hydrocarbon substances shall be screened from view. All equipment necessary for such production shall be countersunk or completely enclosed within a building. All drilling operations shall be enclosed by a six (6') foot solid fence, and equipped with keyed locks.

No permanent installation shall extend more than twenty (20') feet above the surface of the ground, and upon the completion of the drilling operation, if a producing well is secured, no machinery, equipment, devices, structures or other accessories to natural gas production shall be used which extend more than twenty (20') feet above the surface of the ground. In order to meet this requirement, excavations may be made for the submersion of portions of the equipment and machinery or other installations.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4022)

10.08.5130 - Landscaping.

(a)

Within sixty (60) days of completion of drilling or redrilling operations, a border of landscaping a minimum of ten (10') feet in width shall be installed. Landscaping shall include a mixture of trees, shrubs, and ground cover, along the periphery of the drill site, to provide adequate screening for all facilities on the site, except where deemed impractical by the Community Development Director.

(b)

Landscaping shall be installed and maintained in compliance with a landscape plan submitted and approved pursuant to the provisions of this code.

(c)

In the event the drill site is located in a hillside area, all ground stripped of vegetation shall be seeded with grasses or other ground cover to prevent erosion, as approved by the Community Development Director.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4023)

10.08.5140 - Buffers.

Where lands containing a natural gas operation site abuts a zone other than A, M-1, or M-2 zones, a buffer shall be constructed in order to reduce interferences between uses. Buffers will be utilized to minimize noise, light, glare, and visual impacts, and may include landscaping, berms, larger setbacks, solid fencing, sound walls or any combination thereof.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4024)

10.08.5150 - Hours of operation.

Drilling and production operations may be permitted to occur on a twenty-four (24) hour basis. However, no materials, equipment, tools or pipe use for either drilling or production operations shall be delivered or removed from the controlled drilling site, except between the hours of 7:00 a.m. and 7:00 p.m. on any one day, except in case of emergency incidental to unforeseen drilling and production operations.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4025)

10.08.5160 - Insurance.

Prior to the commencement of drilling or redrilling operations, the owner or operator shall show continuing evidence of comprehensive general liability insurance coverage in the amount of Two Million and no/100ths ($2,000,000.00) Dollars, which shall be kept in full force and effect during the period of the operation. Coverage shall include sudden and accidental pollution including the cost of environmental restoration, underground resources coverage and completed operations.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4026)

10.08.5170 - Security.

(a)

Prior to the commencing of drilling or redrilling operations, each operator shall post a faithful performance bond, bond rider, cash deposit, or certificate of deposit for the estimated cost (per well) of site maintenance, landscaping and fencing. This amount shall be verified by the Community Development Director and shall remain in effect for a period of no less than two (2) years.

(b)

The required security shall assure that the operation, as defined in this article, is performed in conformance with this article and the conditional use permit issued for the operation. This security shall include legal costs incurred by City for the failure of the principle to fully comply and shall be in addition to any public works improvement bonds required by the provisions of this Code or statute of the State of California.

(c)

The bond, rider to existing bonds, or certificate of deposit shall be in a form approved by the City Attorney. The security shall also include the correct name or number of the well and the surveyed location as recorded by D.O.G.

(d)

Bonds shall be issued by a corporate surety authorized to do business in the State of California with a Best's minimum rating of Class 9 status or better, as rated by the most recent edition of Best's Key Rating Guide, or a surety approved by the D.O.G. or as otherwise approved by the City in the event such rating system is modified.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4027)

10.08.5180 - Well completion or abandonment.

Well testing for either production or injection shall be made within thirty (30) days following drilling completion. A copy of production reports supplied to D.O.G. shall be sent to the City, together with a determination of the owner or operator regarding the immediate future of the well.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4028)

10.08.5190 - Abandonment or re-abandonment.

No abandonment, re-abandonment or other alteration shall be made into or on a previously abandoned natural gas, or injection well in the City unless approved by D.O.G. and until approved by the Planning Commission. Any abandonment or re-abandonment shall include the reclamation of the site in accordance with a reclamation plan approved by the Planning Commission.

(Ord. 937 C.S. § 1 (part), 1996: prior code § 10-2.4029)