A.
The surface locations of wells and tanks within an oil and gas site shall not be located within:
1.
Seven hundred fifty (750) feet of the property boundaries of any public school, public park, clinic, hospital, long-term health care facility.
2.
Seven hundred fifty (750) feet of the property boundaries of any residence or residential zone, as established in this Code, except the residence of the owner of the surface land on which a well might be located and except a residence located on the land which, at the time of the drilling of the well, is under lease to the person drilling the well.
3.
Seven hundred fifty (750) feet of the property boundaries of the commercially designated zone CN, CA, MU-CS or MU-SB (see Table 1-1), as established by this Code.
4.
Fifty (50) feet of any dedicated public street, highway, public walkway, or nearest rail of a railway being used as such.
B.
For all injection wells, the applicant shall provide a copy of the area of review (AOR) study, consistent with the requirements of California Code of Regulations, Title 14, Section 1724.7, as per DOGGR.
C.
Legally existing oil and gas operations that do not meet the setback requirements and were conforming immediately before the effective date of the ordinance codified in this Chapter are not considered nonconforming uses and are not made subject to Division 2 of Part 8 of Chapter 1 of Article IX, Nonconformities, by this Chapter. Such operations may continue to lawfully operate to the extent the operations can demonstrate to the City vested rights as of the effective date of the ordinance codified in this Chapter, but are prohibited from expanding operations beyond those demonstrated vested rights. Vested rights for a particular well may be demonstrated by the existence of an installed conductor in a cellar for that well or any other method established by law. The operator can replace structures and equipment required for oil and gas operations that are damaged, have failed, are at risk of failure, or are at the end of their useful life. Said replacements shall be made with like-kind structures and equipment that do not expand capacity or structural footprint. If the operator can demonstrate that such structure or equipment is not reasonably available or appropriate for current operational practices, the Petroleum Administrator may approve minor expansion of equipment or structure upon finding the proposed changes are minor and do not constitute or tend to produce an expansion or intensification of capacity for the site. For existing oil and gas facilities and operations that do not meet the setback requirements as of the effective date of the ordinance codified in this Chapter, drilling of new wells is prohibited unless the operator can demonstrate vested rights for each new well.
D.
Consolidation and Relocation Incentives.
1.
Existing Uses in Setback. For existing wells legally operating within the prohibited setback identified in subsection (A) of this Section, an operator can exchange wells, either existing or vested, at a one-to-two (1:2) ratio to another (existing) receiving site(s) without counting toward new development that would require a CUP or DA.
2.
Existing Uses Outside Setback. For existing wells legally operating outside the prohibited setback, an operator can exchange only wells actually existing at the time of the ordinance codified in this Chapter (not vested or hypothetical wells) at a one-to-one (1:1) ratio to another existing receiving site(s) without counting toward "new development" that would require a CUP or DA. The contributing site must be completely abandoned before wells can be constructed at any receiving site. The operator must completely abandon all surface rights to the contributing site (i.e., no future oil and gas operations to occur at the site) and provide acceptable proof to the City of the same. All receiving sites must exist and have active operations as of the date of approval of the ordinance codified in this Chapter.
3.
For All Consolidation or Relocation. The operator must provide the City with notice of intent to transfer prior to abandonment of any well(s) or contributing site intended to be consolidated or relocated. Transfers may occur at any time after abandonment is complete and the rights may be "banked" and assigned to another operator upon notice to the City. No well can be transferred more than one time. The receiving well location or site must be located outside the boundaries identified in subsections (A)(1) through (A)(3) of this Section, and comply with subsection (A)(4) of this Section outside of the prohibited setback. The receiving site cannot expand by more than ten (10) wells from any source or exchange, in addition to those existing or vested, without being considered new development. All receiving sites must comply with CMC § 9501(B) for sites not required to obtain a new CUP. The receiving site must also extract petroleum from the same oil or gas field; consolidation or relocation between fields is prohibited for incentive purposes.
(Ord. 16-1590, Exh. B (§ 1))