Neither the Planning Commission nor the Community Development Director shall grant a Site Plan and Design Review approval relating to development within the City's Oil Field without following the procedures set forth below.
A. 
Definition of area of development. The area of development means the entire site in the case where a structure or structures is/are proposed on a vacant parcel or in the case of an addition to an existing structure, or construction of new structures on a parcel with existing structures, the area of development shall be the portion of the site which is disturbed for grading as shown on a preliminary grading plan or construction plans.
B. 
Site plan requirements. The actual location of each well, either active or abandon, and the well designations must be accurately plotted on a site plan. Dimensions shall be shown on the site plan from the well(s) to all property lines, existing or proposed structures, streets or rights of way, easements or any permanent structure(s) or property limitations. The well shall be indentified with the name of the company/operator and well designation. Site plans shall indicate the property boundaries, the proposed and existing structures, existing and proposed roads, streets passing through or adjacent to the property and all easements. The site plan shall plot all existing and proposed oil field facilities (tanks, processing equipment, enclosures, pipelines, etc.) that will be operating or are abandoned on the site after completion of the proposed development.
C. 
Location of abandoned wells. Each owner or responsible party of property shall consult the records of DOGGR to determine the condition of any well within the development site and the location of any previously abandoned well. The developer shall determine the actual location of all wells and update DOGGR records accordingly. Such investigation shall include, but not be limited to, magnetometric surveys or excavation of the site to determine its exact location. In the cases of additions to developments, the owner or responsible party shall be responsible to locate any abandoned wells within the area of development. The property owner may install monuments over all abandoned wells for future identification. Suggestions for the exact method and type of monumentation shall be provided by the Building Official. If the property owner does install a monument on the abandoned well site, such monumentation may be relied on for the exact location of the abandoned well for any future development.
D. 
Surveying of wells. The owner or responsible party shall submit a licensed survey of all wells as part of the City's site plan and design review process. The survey shall locate all active, idle and abandoned wells to ascertain their locations and/or have the location of the wells surveyed by a licensed surveyor. The well(s) shall be plotted on the site plan and include the NAD 83 well location or equivalent. A copy of the survey shall be filed with the Building Division and included with any application for construction filed with the Building Division for any property containing either an active or abandoned well.
E. 
Leak testing of abandoned wells. All abandoned wells located within the area of development must be tested for gas leakage and visually inspected for oil leakage. The testing shall be processed through the Orange County Fire Authority. Two stamped approved copies of the final report provided by the Orange County Fire Authority shall be provided to the Building Official with the initial submittal of any application for construction on property containing either an active or abandon well. The submitted leak test report shall be prepared by a state licensed geotechnical or civil engineer or state-registered environmental assessor, class II. A well shall be considered leaking if the leak test report indicates the meter read is greater than the lower explosive limit which is hereby set at 500 parts per million. An approved leak test report is only valid for 12 months from City acceptance. If a building permit has not been issued within 12 months from the acceptance date of the report, retesting is required.
(Ord. 2013-983, § 2, 10-15-2013)
A. 
No structures shall be constructed over the top of any oil wells, either active or abandon.
B. 
A developer need not re-abandon a well which does not leak as defined in Section 15.36.700(E) and to which access is maintained. Owners or responsible parties shall set improvements back at least ten feet from the centerline of the abandoned or re-abandoned oil wells in order to provide access for well service equipment, should the well leak oil or gas in the future. Three adjacent sides may have permanent structure constructed no less than ten feet from the centerline of the well. The fourth side shall remain open for vehicle and/or service equipment access to the well. The City may approve alternative mitigation measures that maintain access to wells. Improvements allowed to be constructed within the ten-foot radius from the centerline of a well include concrete slabs on grade, property line walls of any construction materials, landscaping, irrigation lines, electrical, water, sewer or gas piping, fences, retaining walls, benches, architectural features, counters, fire pits or any similar structure not over 36 inches in height and any structure determined by the Building Official to not be an obstruction to access to the well. Structures not allowed to be constructed within the ten-foot radius from the centerline of the well include any roofed or open lattice structure, any enclosed structure such as a shed or patio enclosure, any fence, retaining wall, counter, architectural feature over 36 inches in height or any structure determined by the Building Official to be an obstruction to access to the well.
C. 
Leaking wells shall be re-abandoned.
D. 
The property owner shall record Declaration of Covenants, Conditions and Restrictions, in a form subject to the review and approval of the City Attorney, putting future owners and occupants on notice of the following:
1. 
The existence of an active, abandoned or re-abandoned oil well(s) on the property;
2. 
That the well(s)have been leak tested and found not to leak based on the date that testing was performed and that retesting is not required for an period of 12 months subsequent to testing;
3. 
That the well(s) have been tested, found to be leaking and were re-abandoned in accordance with approved methods;
4. 
Description of any methane mitigation measures employed;
5. 
Disclosure that access to these wells have been provided to address the fact that they may leak in the future causing potential harm;
6. 
Acknowledgment that the State may order the re-abandonment of any well should it leak in the future and releasing and indemnifying the City for issuing project permits.
(Ord. 2013-983, § 2, 10-15-2013)