HomeMy WebLinkAbout291 - Regulating and Controlling Oil Drilling within the CityORDINANCE NO. 291
AN ORDINANCE OF THE CITY OF COSTA MESA
REGULATING AND CONTROLLING OIL DRILLING
WITHIN SAID CITY.
The City Council of the City of Costa Mesa does hereby ordain
as follows:
SECTION 1, PUR?OSE OF ORDINANCE.
The purpose of this ordinance is to prohibit the drilling on the
surface or subsurface of oil and gas wells, the production of oil and gas,
and the storing and transportation thereof in the City of Costa Mesa, except
as specifically provided for herein.
The City Council hereby declares that it is also the object and
purpose of this ordinance to establish reasonable and uniform regulations,
safer,uards and controls for the drillinn for and production of oil, las and
other hydrocarbon substances within and under the City of Costa Mesa. Such
regulations, safeguards and controls are found to be necessary in order to
protect the citizens, their property rights and the general public. Such
orderly development is necessary to protect the surface uses and the value
and character of residential, commercial and other real property within the
City, as such uses are set forth in the master plan of the City, and its
zoning ordinances and regulations. The City Council recognizes that many
of its citizens and property owners have made substantial investments in real
property and do not own the mineral rights lying in or under such property,
and will not profit directly from oil or gas development. Therefore, in order
to protect such citizens and their property rights, to protect the owners of
mineral rights and to provide said orderly exploration, development, and pro-
duction of oil and gas, it is necessary to regulate the drilling for and
production of oil and gas as set forth in this ordinance.
The City Council hereby finds that the uncontrolled drilling on the
surface or subsurface for oil an(' =-as, an-' the production thereof, in the City
of Costa Mesa, would be detrimental to the general welfare of its citizens,
and detrirental to the general pul-7ir peace, health, safety, comfort, convenience
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and prosperity. The City Council finds and determines that subsurface area
within the City of Costa Mesa may be explored for oil and gas, and if said
substances are found, the same may be produced by directional or slant drilling
methods from surface locations outside the City of Costa Mesa.
SECTION 2. OIL WELLS.
No person, firm or corporation shall erect or construct oil drilling
derricks or oil drilling equipment within the City of Costa Mesa, or shall
drill from the surface or by subterranean drilling for oil, petroleum, tar,
gas or other hydrocarbon substances within said City, except that it shall be
lawful under the provisions hereof, to drill for oil, petroleum, tar, gas or
other hydrocarbon substances by slant drilling or subterranean drilling in and
under the area hereinafter described, provided that the drilling sites shall
be located outside of the city limits of the City, and that such drilling shall
be at a vertical depth of at least four hundred (400) feet below the ground
surface within the area mentioned and hereinafter described.
That the area in the City in which slant drilling or subterranean
drilling shall be permitted under the terms hereof, is described as being:
All that area lying within the zone designated M-1 by the zoning
ordinances of the City of Costa Mesa, as said M-1 zone now, or
may hereafter, exists.
SECTION 3. DRILLING FROM OUTSIDE CITY LIMITS.
The City Council finds that drilling and production from surface
drilling sites adjacent to, but outside the City of Corti M-sa, may adversely
affec+the residential and commercial areas and values, and the peace, health,
safety, comfort and general welfare of the citizens of the City,
Therefore, the drilling and production of an oil and gas well, sub-
surface, into real property within the City of Costa Mesa from a drilling site
outside the city limits of the City of Costa Mesa is hereby prohibited, and the
same shall constitute, and the same is hereby declared to be, a public nuisance,
except and unless such drilling and production is from controlled drilling sites
outside the City, as may be approved by the City Council. In no event shall
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slant or subterranean drilling into the subsurface area of the City of Costa
Mesa be permitted where the drilling site for such well or wells is outside
the City of Costa Mesa but within three hundred (300) feet from an exterior
boundary of the City of Costa Mesa.
SECTION 4. PERMIT REQUIRED FOR MAINTENANCE OF EXISTING WELLS AND
PRODUCTION EQ?1IPMENT.
It shall be unlawful and a nuisance hereafter for any person to
maintain and operate any existing oil and gas well and production equipment
within the City of Costa Mesa without first having applied for and obtained
from the City Council a permit.
SECTION 5. PERraT AND INSPECTION FEE.
The first application for a permit to cover drilling operations for
a.single oil and gas well hole on any drilling site outside the City of Costa
Mesa for slant or subterranean drilling within the City of Costa Mesa shall
require the payment of a permit fee in the sum of Twenty-five Hundred ($2500.00)
Dollars. The fee for any second or subsequent such oil and gas well shall be
Five Hundred (6500.00) Dollars.
The permit fee to cover the maintenance and production of an existing
oil and gas well, producing oil and gas at the time this ordinance becomes
effective, shall be Fifty (650.00) Dollars annually for any such oil and gas
well.
SECTION 6. ADOPTIUN OF STANDAtKD CONDITIONS.
,mmediately after the passage of this ordinance by Grote of the people,
the City Council shall adopt standard conditions for drilling operations, and
said standard conditions shall apply to every permit granted pur-su.ant to this
ordinance.
SECTION 7, EXISTING WOODEN DERRICKS.
It shall be unlawful and a nuisance for any person who is the owner
or Js in control or possession, or who has the right to the control, possession
or use of any existing wooden oil derrick, to operate, control or maintain or
cause to be controlled, operated or maintained at any time after one (1) year
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from the e-"fective date of this ordinance, a wooden derrick over or used in
connection with an oil and gas well in the City of Costa Mesa.
7- "ity Council finds and determines that existing wooden oil
derricks in the City of Costa Mesa were erected many years ago; that because
of their age and the effect of the elements upon such derricks, they have
become strut-flir-llv unsound and that s>>ch derricks being commonly saturated
with nil and gas are fire hazards and ^howl d not be permitted in the City of
Costa Mesa. All wooden derricks over or used in connection with oil and gas
wells shall be removed and all debris therefrom cleaned up and removed from
the oil well site one (1) year after the effective date of this ordinance.
SECTION 8. USE OF EARTHI+4 SUMPS PROHIBITED.
It shall be unlawful and a nuisance, after six (6) months from the
effective date of this ordinance, to use any open sump or reservoir within
the City of Costa Mesa for the purpose of storing, holding or handling oil or
liquid hydrocarbons, rotary mud, drill cuttings and oilfield wastes, derived
or resulting from or'connected with the drilling, production, use, operation
or maintenance of any oil and gas well. All of said substances and similar
products shall be collected, and stored in steel tanks or other closed receptors
as may be required in any City Council Permit.
SECTION 9. ABANDON1,1EN T OF WELLS.
Ari, well which has not been produced, or has not been used for sub-
surface injection into the earth of oil, gas, oilfield waste, water or liquid
sub^tances for a period of one (1) year preneding the effective date of this
ordinance, shall be permanently and finally abandoned in strict compliance
with the rules and regulations of the Division of Coil and Gas of the State of
California, or any re-ulatory authority having jurisdiction thereof.
SECTION 10. REFINERIES, TA -A F",IS X,1D COMMERCIAL ABSORPTION PLANTS
PROHIBITED.
No refinery, tank farm, or commercial absorption plant shall be
permitted or allowed within the City of Costa Mesa.
SECTION 11. E4FORCEMEINT.
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Any well drilled oi produced and any building or structure erected,
operated or maintained, or anv lase of property contrary to the provisions of
this ordinance, shall be and the same hereby is declared to be iinlawful and
a public nuisance, and the City Attorney shall, upon order of the City Council,
immediately commence action and proceedings for the abatement, removal and
enjoinment thereof in the manner provided by law; and shall take such other
action, and shall apply to any court having jurisdiction to vrant such relief
ac will restrain and enjoin any person from drilling or producing any such
well or from erecting, operating, or maintaining such building or structure,
or using any property contrary to the provisions of this ordinance.
SECTION 12. PENALTIES.
Any person, whether as principal, agent, employee, or otherwise,
violating any provision of this ordinance shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be punishable by a fine of not
more than Five Hundred ($500.00) Dollars, or by imprisonment for a period of
not more than six (6) months in the County jail, or by both such fine and
imprisonment. Each day that any violation of this ordinance continues shall
be considered a new and separate offense.
SECTIO14 13. VALIDITY.
If any section, sub -section, sentence, clause or phrase of this
ordinance is held to be invalid for ary reason, such invalidity shall not
affect the validity of any other provision of this ordinance. The City Council
of the City of Costa Mesa declares that the provisions of this ordinance are
separable and that it would have passed this ordinance and each and every
section, sub -section, sentence, clause or phrase, irrespective of thA fact
that any one or more of the same be doclared invalid.
SEr"TON 14. REPEAL OF CONFLICTING ORDINANCFS.
Or,9; nance No. 4, entitled 11414 ORDINANCE OF THE Ci'i'Y OF COSTA MESA
P3UHIRTTTiVG UTL WELLS Ai4D OIL DRILLING!, is hereby repealer?.
SECTION 15. EFFECTIVE DATE.
This ordinance shall be in full force and effect ten (10) days after
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the f anvassin7. Board of the City of Costa Mesa finds and determines that
it was adopted by a majority of the electors of the City of Costa Mesa, voting
thereon at the General Municipal Election held on the 12th day of April, 1960.
Passed and adopted this 23rd day of February, 1960.
ATTEST:
•� r
City Clerk of the City of Costa Mesa
M
STATE OF CALIFORNIA )
COUN'T'Y OF ORANGE ) SS.
CITY OF COSTA MESA )
I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, hereby
certify that the above and foregoing Ordinance No. 291 was introduced and
considered section by section at a regular meeting of the City Council of the
City of Costa Mesa held on the 1st day of February, 1960, and thereafter passed
and adopted as a whole at an adjourned regular meeting of the said City Council
held on the 23rd day of February, 1960, by the following roll -call vote:
AYES: COUNCILMEN REA, F:EYLRS, PINKaY, J. SFJTH
NOES: COUNCI LgEN NONE
ABSENT: CUUNCILMk;N B. SMITH
IN WITNESS WHERkLF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa, this 24th day of February, 1960.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Y esa
Chief Deputy
ORDINANCE NO. 291
constitute, and the same is hereby de-
authority having jurisdiction thereof.
AN ORDINANCE OF THE CITY OF
clared to be, a public nuisance, except
SECTION 10. REFINERIES, TANK
COSTA MESA REGULATING AND
and unless such drilling and production
FARMS AND COMMERCIAL AB -
CONTROLLING OIL DRILLING
is from controlled drilling sites outside
SORPTION PLANTS PROHIBITED.
the City, as may be approved by the
No refinery, tank farm, or commer-
WITHIN SAID CITY.
City Council. In no event shall slant or
cial absorption plant shall be permitted
City of Costa
The City Council of the C
subterranean drilling into the subsur-
or allowed within the City of Costa
Mesa does hereby ordain follows:
face area of the City of Costa Mesa be
Mesa.
SECTION 1. PURPOSE OF OR
permitted where the drilling site for
SECTION 11. ENFORCEMENT.
ANCE.
such well or wells is outside the City
Any well drilled or produced and
The purpose of this ordinance is to
of Costa Mesa but within three hund-
any building or structure erected, op -
prohibit the drilling on the surface or
red (300) feet from an exterior bound-
erated or maintained, or any use of
subsurface of oil and gas wells, the pro-
at;v of the City of Costa Mesa.
property contrary to the provisions of
duction of oil and gas, and the storing
SECTION 4. PERMIT REQUIRED
this ordinance, shall be and the same
and transportation thereof in the City
FOR MAINTENANCE OF EXISTING
hereby is declared to be unlawful
of Costa Mesa, except as specifically
WELLS AND PRODUCTION EQUIP-
and a public nuisance, and the City
provided fox herein.
MENT.
Attorney shall, upon order of the City
The City Council hereby declares that
It shall be unlawful and a nuisance
Council, immediately commence action
it is also, the object and purpose of
hereafter for any persons to maintain
and proceedings for the abatement,
thi: ordinance to estabirsln reasonable
and operate any existing oil and gas
removal and enjoinment thereof in the
and uniform regulations, safeguards and
well and production equipment within
mannerprovided by law; and shall
take such other action, and shall apply
controls for the drilling for and pro,
duction of oil, gas and other hydrocar.
the City of Costa Mesa without firstany
to court having
ll r tito
bon substances within and under the
]r
having applied for and obtained from
rant such relief as will restrain and
en.io:n
City of Costa Mesa. Such regulations,
the City Council a permit.
SECTION 5. PERMIT AND INSPEC-
any person from drilling or pro -
ducin,g any such well or from erecting,
safeguards and controls are found to
in order to the
TION FEE.
operating, or maintaining such build -
bprotect
be necessary
their property rights and the
The first application for permit to
Ing or structure, or using any property
citizens,
public. Such orderly develop-
cover drilling operations for a single
contrary to the provisions Of this or -
general
ntenf is necessary to protect the sur•
oil and gas well hole on any drilling
site outside the City of Costa Mesa for
dinance.
SECTION .12. PENALTIES.
face uses and the value and character
slant or subterranean drilling within the
Any person, whether as principal,
of residential, commercial and other
City of Costa Mesa shall require the
agent, employee, or otherwise, violat-
real property within the City, as such
payment of a permit fee in the sum of
ing any provision of this ordinance
uses are set forth in the master plan
Twenty-five Hundred ($2500.00) Dollars,
shall be deemed guilty of a misde-
of the City, and its zoning ordinances
The fee for any second or subsequent
meanor• and upon conviction thereof
and regulations. The City Council recog-
such oil and gas well shall be Five
shall be punishable by a fine of
nizes that many of its citizens and
Hundred ($500.00) Dollars.
not more than Five Hundred ($500.00)
property owners have made substantial
The permit fee to cover the mainten-
Dollars, or by imprisonment for a
investments in real property and do not
ance and production of an existing oil
period of not more than six (6) months
own the mineral rights lying in or un-
and gas well, producing oil and gas at
in the County jail, or by both such fine
der such property, and will not prolit
the time this ordinance becomes ef-
and imprisonment. Each day that any
dire(ily from oil or gas development.
fective, shall be (Fifty ($50.00) Dollars
violation of this ordinance continues
Thereiore, in order to proteci such Citi,
annually for any such oil and gas well.
shall be considered a new and separate
zeni and their property rights, to pro-
SECTION 6. ADOPTION OF STAND-
offense.
feet the owners of mineral rights ani
ARD CONDITIONS.
SECTION 7.3. VALIDITY.
to provide said orderly exploration,
Immediately after the passage of this
If any section, sub -section, sentence,
development and production of oil and
ordinance by vote of the people, the
clause or phrase of this ordinance is
g•is. it is necessary to regulate the drill-
City Council shall adopt standardcon-
held to be invalid for any reason,
ing for and production of oil and gas
ditions for drilling operations, and
such invalidity shall not affect the
as set forth in this ordinance.
said standard conditions shall apply to
validity of any other provision of this
The City Council hereby finds that
every permit granted pursuant to this
ordinance. The City Council of the
the uncontrolled drilling onthe sur-
ordinance.
City of Costa Mesa declares that the
face or subsurface for oil, and was,
SECTION 7. EXISTING WOODEN
provisions of this ordinance are sep-
ana the production thereof, in the Cit>'
DERRICKS.
aratable and that it would have passed
,if Costa Mesa, would be detrimental toIt
shall be unlawful and a nuisance
thi, ordinance and each and every
section, sub -section, sentence, clause
the general welfare of its citizens,
for any perso❑ who is the owner or .s
or phrase, irrespective of the fact that
and detrimental to the general public
in control or possession, or who has
any one or more of the same be de-
pcnt^, health, safety, comfort, con-
the right to the control, possession or
clared invalid.
venienec and prosperity. The City Coun•
use of any existing wooden oil derrlek,
SECTION 14. REPEAL OF CON•
cil finds and determines that subsurface
to operate, control or maintain or cause
FI.ICTING ORDINANCES.
area within the City of Costa Mesa
to be controlled, operated or maintain.
Ordinance No. 14, entitled "AN OR -
may be explored for oil and gas. and if
ed at any time after one (1) year from
DINANCE OF THE CITY OF COSTA
said sabstunces are found, the same
the effective date of this ordinance, a
MESA PROHIBITING OIL WELLS
may be produced by directional or
wooden derrick over or used in con-
AND OIL DRILLING," is hereby re -
slant drilling methods from surface lo-
nection with an oil and gas well in
pealed.
cations outside the City of Costa Mesa.
the City of Costa Mesa.
SECTION 15. EFFECTIVE DATE.
sECCION 2. OIL WELLS
The City Council finds and determines
This ordinance shall be in full force
No person, firm or corporation shall
that existing wooden oil derricks in the
and effect ten (10) days after the Can -
erect or construct oil drilling der-
City of Costa Mesa were erected many
vassing Board of the City of Costa
rvlcs Or oil drilling equipment within
years ago; that because of their age
Mesa finds and determines that it was
the City of Costa Mesa, or shall drill
and the effect of the elements upon
adopted by a majority of the electors
from the surface or by subterranean
such derricks, they have become strut•
of the City of Costa Mesa, voting
drilling for oil, petroleum, tar, gas or
turally unsound and that such derricks
thereon at the General Municipal
other hylrocarbon substances within
being commonly saturated with oil and
Election held on the 12th Day of April,
said City, !xcept that it shall be lawful
gas are fire hazards and should not
1960•
under the provisions hereof, to drill for
be permitted in the City of Costa Mesa.
Passed and adopted this 23rd day
oil, petroleum, tar, gas or other hydro-
All wooden derricks over or used in
of February, 1960.
cafboin substances by slant drilling or
connection with oil and gas wells shall
JOHN W. SMITH
a:ubterraneaa drilling in air(] under the
be removed and all debris therefrom
Mayor of the City of
area hereinafter described, provided
cleaned up and removed from the o7
Costa Mesa
that the drilling sites shall be located
well site one (1) year after the effec-
C
outside the city limits of the City, and
tive date of this ordinance.
A. SWARTZ
that such drilling shall be a vertical
SECTION 8. USE OF EARTHEN
City Clerk of the
C
depth of at least four hundred 1400)
SUMPS PROHIBITED.
City Costa Mesa
feet below the ground surface within
It shall be unlawful and a nuisance.
STATE OF CALIFORNIA i
COUNTY OF ORANGE ) SS.
the area mentioned and hereinafter
after six (6) months from the effective
CITY OF COSTA MESA )
described.
date of this ordinance, to use any open
I, A. C. SWARTZ, City Clerk of the
That the area in the City in which
sump or reservoir within the City of
City of Costa Mesa, hereby cerVfy
slant grilling or subterranean drilling
Costa Mesa for the purpose of storing,
that the above and foregoing Ordin-
shal! oe permitted tinder the terms
holding or handling oil or liquid hydro-
ance No. 291 was introduced and con-
hereol, is descriL•ed as being:
carbons, rotary mud, drill cuttings and
sidered section by section at a regular
All that nre3 lying within the zone
oilfield wastes, derived or resulting
meeting of the City Council of the
designated M-1 by the zoning ordin-
front or connected with the drilling,
City of Costa Mesa held on the 1st
ances of the City of Costa Mesa, as
production, use, operation or main-
day of February, 1960, and thereafter
said M-1 zone now, or may hereafter,
tenance of any oil and gas well. Al
passed and adopted as a whole at an
exists
of said substances and similar products
adjourned regular meeting of said
SECTION 3. DRILLING FROM OUT-
shall be collected, and stored in steel
City Council held on the 23rd day of
SIDE CITY LIMITS.
tanks or other closed receptors as
February, 1960, by the following roll
The City Council finds that drilling.
may be required in any City Council
call vote:
and production from surface drilling
Permit.
AYES: Councilmen Rea, Meyers,
sites adjacent to, but outside the City
SECTION 9. ABANDONMENT OF
Pinkley, J. Smith
of Costa Mesa, may adversely affect
WELLS.
NOES: Councilmen non,,
the residential and commercial areas
Any well which has not been pro-
ABSENT: Councilmen B. bmith
and values, and the peace, health, saf-
duced, or has not been used for sub-
IN WITNESS WHEREOF I have
etv, comfort and general welfare of the
surface injection into the earth of oil,
hereunto set my hand and affixed the
citizens of the City,
gas, oilfield waste, water or liquid
Seal of the City of Costa Mesa this
Therefore, the drilling and production
substances for a period of one (1)
24th day of February, 1960.
of an oil and gas well, subsurface, into
year preceding the effective (late of
A. C. SWARTZ
real property within the City of Costa
this ordinance, shall be permanently
City Clerk and ex -officio
Mesa from a drilling site outside the
and finally abandoned in strict com-
. Clerk of the City Council
city limits of the City of Costa Mesa
pliance with the rules and regulations
t of the City of Costa Mesa
is hereby Prohibited, and the same shall
of the Division of Oil and Gas of the
Published Globe-Ilerald and Pilot,
State of California, or any regulatory
Costa Mesa, Calif., Mar. 7, 1960 155-60