ORDINANCE 312X133
ORDINANCE NO. 312
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT
OF OIL DRILLING DISTRICTS WITHIN THE URBANIZED
AREAS OF THE CITY OF EL SEGUNDO, ESTABLISHING
CONDITIONS FOR THE CREATION THEREOF; AND
PROVIDING FOR THE CONTROL THEREIN OF THE
DRILLING FOR OIL OR OTHER HYDROCARBON PRODUCTS;
AND PROVIDING FOR SUPERVISION OF RELATED
PRACTICES.
The City Council of the City of El Segundo,
California, does ordain as follows:
SECTION 1: PURPOSES AND OBJECTIVES.
It is hereby declared that oil drilling and oil
production and related processes when conducted in urbanized
areas, as the term is herein defined, may be detrimental to
the public health, safety and general welfare; and that the
extension of oil drilling into such areas in the City in which
drilling has not already been permitted is justified only by
reason of recognizing the material and social value of de-
veloping natural resources; that oil and other hydro- oarbon
substances constitute property within the meaning of the
constitutional provisions guaranteeing the right of ownership
and enjoyment of such property--"by recognizing also the
similar constitutional guarantees for the enjoyment of the
surface use of real property and improvements thereon; and
the need for invoking such reasonable controls over both the
sub - surfaoe and surface use of property as say be necessary
to assure maximum enjoyment of each with minim m restrictions
to either. It is, therefore, declared to be the object and
purpose of this ordinanoe to establish reasonable and uniform
limitations, safeguards and controls for the future drilling
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for and production of oil or other hydro- oarbon substances
In the urbanized areas of the City.
More restrictive limitations, safeguards and con..
trols than those which have heretofore been imposed in
metropolitan and urbanized areas are deemed necessary in
the public interest to effect practices which will not only
provide for a more economic recovery of oil, gas and other
hydrocarbon substances, but which will also take into con..
sideration the surface uses of land, as such uses are indicated
by the value and character of the existing improvements in
or near districts where oil drilling or production are here..
inafter permitted, the desirability of the area for residential
or other uses, or any other factor relating to the public
health, comfort, safety and general welfare. It is contemplated
that extensive urbanized areas may be explored for oil by
directional drilling methods by which surface drilling and
production operations are limited to a few, small, controlled
drilling sites so located and spaced as to cause the least
detriment to the community and to the public health, safety,
comfort and general welfare.
SECTION 2: DEFINITIONS.
"Urbanized Areas ", as used in this section, shall
refer to any improved or vacant property in residential,
business or light industrial zones, ("R -10, "R•201 "R,,,3",
"R-4", "P -1", "C-2" or "M»1") as defined in Ordinance No. 306
of the City of El Segundo, California.
"Controlled Drilling Site", as used in this section,
shall mean that particular location upon which surface opera.•
tions incident to oil well drilling or deepening and the
production of oil or gas may be permitted under the terms of
this section, by virtue of a variance granted therefor under
the provisions of Part II, Section 13 of Ordinance No. 306, of
the City of El Segundo, California.
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SECTION 3: QUALIFICATIONS AND PROCEDURES.
A. Creation of Districts - Amlications for.
(1) The provisions of this Ordinance shall
apply to the creation of all oil drilling districts in urban-
ized areas. The provisions of Part II, Section 13 of said
Ordinance No. 306 of El Segundo shall govern the procedure
relative to the creation of oil drilling districts in urbanized
areas. In addition to the procedure set forth in said Section
13, Part II of said Ordinance No. 306, the City Planning
Commission shall, by written resolution, find that the property
involved is in an urbanized area as shown herein defined, and
such resolution shall contain a statement setting forth the
physical improvements, amount of land subdivided, zoning and
other pertinent considerations upon which such finding is based.
(2) Where uncertainty.eaiste as to whether a
particular area shall be considered urbanized, any person
contemplating filing a petition for the creation of an oil
drilling district may, prior to the filing thereof, request
the Planning Commission to determine the status of the area
sought to be included in the district. The Planning Commission
shall thereafter, by written resolution, determine the status
of said area, based upon the considerations mentioned in sub-
division (1) hereof, and in said resolution shall state the
facts upon which such determination is based.
(3) Each application for the creation of an
oil drilling district under the provisions of this ordinance
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 per cent (51$) of the property to be included in said
district. The district described in said application shall be
not less than 20 acres in area, including all streets, ways
and alleys within the boundaries thereof, and shall be
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substantially compact in area, and the boundaries thereof
shall follow
public streets, ways or alleys so far as may
be practicable.
B. standard C adi tions.
All oil drilling districts established under.
the provisions of this ordinance shall be subject to the
following conditions:
(1) Each district shall not be less than
twenty (20) acres in area, including all streets,
ways and alleys within the boundaries thereof;
provided further, that if a proposed district is
not adjacent to an existing district, that the area
in between shall be of such size as to allow a
suitable future district to be formed.
(2) (a) Not more than one controlled
drilling site shall be permitted for each twenty (20)
acres in any district and such site shall not be
larger than two acres when used to develop a district
approximating the minimum size; provided, however,
that where such site is to be used for the development
of larger oil drilling districts or where the Planning
Commission and City Council require that more than one
oil drilling district be developed from one controlled
drilling site, such site may, at the discretion of the
Planning Commission and City Council, be increased by
not more than two acres for each twenty (20) acres
Included in said district or districts.
(b) An alternative standard of locating
drilling sites may be employed in any part of the urban•
ized areas where permanent building improvements do not
occupy more
than
one -third (1/3) of
the property within
a radius of
four
hundred (400) feet
from any proposed
drilling site and, provided further, that drilling sites
4.
for individual wells as provided in this subparagraph
shall be located not closer than four hundred (400)
feet to any other well and, provided further, that
Individual wells thus drilled shall not exceed one to
each five (5) acres comprising any drilling area as
defined in this subparagraph.
(3) The number of wells which may be drilled
from any controlled drilling site shall not exceed one
well to each five (5) acres in the district or districts
to be explored from said site.
(4) Each applicant for a variance to drill
for and produce oil, gas or other hydrocarbon substances
on a controlled drilling site, must have the proprietary
or contractual authority to drill for oil under the sur••
face of at least 51% of the property in the district to
be exploited.
(5) Concurrently with the filing of an appll.
cation for the establishment of an oil drilling district,,
applicant shall execute and file in favor of each owner
of lands within the district for which the application
is made and who is not then a party to the oil and gas
lease, operating agreement or other contract under which
applicant claims the right to conduct oil development
operations, a written offer giving to each such owner
the right to participate in the proceeds of any such
production by exercising either of the following options:
(a) to join within one (1) year from the date
thereof in the execution of the oil and gas
lease, operating agreement or other contract
under which applicant claims the right to con.
duct oil drilling operations within the
di strict; or
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(b) At any time prior to the commencement of
drilling operations in connection with the
first well to give applicant written notice
of owner's election to participate with
applicant in the development and operations
in said district as a tenant in common and
agree. to advance his pro rata share of the
cost of such drilling and development opera..
tions, owner's interest to be computed on
the basis that the square foot area of his
particular lot or parcel of land bears to
the total square foot area of the district.
The offer hereby required must remain open for
acceptance for a period of one (1) year after the granting
of the variance. During the period said offer is in effect,
said applicant, or his successor in interest, shall impound
all royalties to which said owners or any of then may
become entitled, in a bank or trust company in the State
of California, with proper provisions for payment to the
said record owners of property in the district who had
not signed the lease at the time the variance was granted,
but who accept such offer in writing within the said one
year period. Any such royalties remaining in any bank or
trust oompany_at the time said offer expires, which are
not due or payable as hereinabove provided, shall be paid
pro rata to those owners who,, at the time of such expire..
tion, are otherwise entitled to share in the prooseds of
such production.
(6) Each applicant to whom a variance is granted
under this Ordinance shall post with the City Planning
Commission a satisfactory corporate surety bond in the
sun of $ 5, 000.00 in favor of the City of E1 Segundo,
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conditioned upon the performance by the applicant of
each and all of the conditions, provisions, restrictions
and requirements of this ordinance, and all additional
conditions, restrictions or requirements that are in.
posed by the Planning Commission and City Council.
No extension of time that may be granted by the
Planning Commission and City Council, or any change of
specifications or requirements that may be approved or
required by them or by any other officer or department
of the City of E1 Segundo, or any other alteration,
modification or waiver affecting any of the obligations
of the grantee made by any city authority or by any other
power or authority Whatsoever shall be deemed to exonerate
either the grantee or the surety on any bond posted
Pursuant to this ordinance.
C. ARv1108,11009 for Varianoea.
Applications for variances to create controlled
drilling sites and to permit the drilling for and production
of oil, gas or other hydrocarbon substances thereon shall be
filed in accordance with Section 13 of said Ordinance No. 306
and subject to the provisions of Part II of Section 13 of
said Ordinance No. 306 of the City of El Segundo.
D. Variange 0onaltiogs.
In granting a variance to drill for oil in any
district created under this Ordinance, the City Planning
Commission and the City Council shall include in such
variance all conditions and limitations designated in or re-
quired by the ordinance enacted by the City Council in
creating said district, and in addition thereto, the said
City Planning Commission and City Council may include any
other conditions or limitations not in conflict therewith
which they may deem appropriate in order to give proper
effect to the stated purposes of this ordinance.
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E. Optional C&nditions.
For the guidance and convenience of the
Planning Commission and the City Council, certain optional
conditions, most likely to be required, are enumerated:
(1) That drilling operations shall be commenced
within ninety (90) days from the effective
date of the variance or within such additional
period as the City Planning Commission and
the City Council may, for good cause, allow
and thereafter shall be prosecuted diligently
to completion, or else abandoned strictly as
required by law and the premises restored to
their original condition as nearly as praoti-
cable so to do. If a producing well is not
secured within twelve (12) months said well
shall be abandoned and the premises restored
to its original condition as nearly as praoti-
cable so to do. The City Planning Commission
and the City Council shall, for good cause,
allow additional time for the completion of
the well.
(2) That an internal combustion engine or steam
driven equipment may be used in the drilling of
the well and, if an internal combustion engine
or steam driven equipment is used, that mufflers
be installed on the mud pumps and engines.
(3) That pumping and other power operations,(other
than drilling) shall at all times be carried
on only by electrical power and that such power
shall not be generated on the controlled drill-
ing site or in the district.
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(4) That drilling operations shall be carried
on or conducted in connection with only one
well at a time in any one such district,
and such well shall be brought in or abandoned
before operations for the drilling of another
well are commenced; provided, however, that
the City Planning Commission and the City
Council may permit the drilling of more than
one well at a time after the di soovery* well
has been brought in.
(5) That all oil drilling and production operations
shall be conducted in such a manner as to
eliminate, as far as practicable, dust, noise,
vibration or noxious odors, and shall be in
accordance with the best accepted practices
incident to drilling for and the production of
oil, gas and other hydrocarbon substances.
Proven technological improvements in drilling
and production methods shall be adopted as they
may become, from time to time, available, if
capable of reducing factors of nuisance and
annoyance.
(6) That all tools, pipe and other equipment used in
connection with any production operations, when
conducted under the provisions of Section 3,
paragraph B, subparagraph (2) part (a) hereof,
shall be screened from view.
(7) That no materials, equipment, tools, or pipe used
for either drilling or production operations
shall be delivered to or removed from the con.•
trolled drilling site except between the hours
of 8:00 o'clock A. M. and 6:00 o'clock P. M. on
any day, except in case of emergency incident to
unforeseen drilling or production operations,
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(8). Fire extinguishers as approved by the Fire
Department, and of sufficient number as
required by the Fire Department, shall be
maintained on the premises at all times
during the drilling and production operations.
(9) That within sixty (60) days after the drilling
of each well has been oompleted, and said well
placed on production, the derrick, all boilers
and all other drilling equipment shall be en..
U rely removed from the premises unless such
derrick and appurtenant equipment is to be
used within a reasonable time limit determined
by the City Planning Commission and the City
Council for the drilling of another well on
the same controlled drilling site.
(10) That no oil, gas or other hydrocarbon substanoe
may be produced from any well hereby permitted
under the provisions of Section 3, paragraph B.
subparagraph (2) part (a) hereof unless all
equipment necessarily incident to suoh pro.
duotion is completely enclosed within a building,
the plans for said building to be approved by
the Department of Building. This building shall
be of a permanent type, of attraotive design
and constructed in a manner that will eliminate
as far as practicable, dust, noise, noxious odors
and vibrations or other conditions which are
offensive to the senses, and shall be equipped
with such devices as are necessary to eliminate
the objectionable features mentioned above. The
architectural treatment of the exterior of suoh
building shall also be subjeot to the approval
of the City Planning Commission and the City
Council.
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(11) That no oil, gas or other hydrocarbon sub-
stances may be produced from any well hereby
permitted unless all equipment necessarily
incident to such production is appropriately
screened. A plot plan showing the type and
extent of such screening shall be subject to
the approval of the City Planning Commission
and the City Council.
(12) That there shall be no tanks or other facilities
for the storage of oil ereoted or maintained on
the promises and that all oil produced shall
be transported from the drilling site by means
of an underground pipe line, without venting
products to the atmospheric pressure at the
production site.
(13) That not more than two production tanks shall
be installed for each well being drilled, neither
one of which shall have a rated capacity in en.
teas of 1,000 barrels; that the plans for said
tank or tanks, including the plot plan showing
the location thereof on the property, shall be
submitted to and approved in writing by the
Planning Commission and the City Council before
said tank or tanks and appurtenances are located
on the premises; and that said tank or tanks
and appurtenances shall be kept painted and
maintained in good condition at all times.
(14) Any production tank extending above the surface
of the ground shall be reasonably screened by
appropriate planting, and shall be effectively
protected by surrounding dykes having a capacity
within the enclosed area not less than the cape_
city of the tank or tanks surrounded.
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(15) That no refinery, dehydrating or absorp..
tion plant of any kind shall be constructed,
established or maintained on the premises
at any time.
(18) That no sign shall be constructed, erected,
maintained or placed on the premises or any
part thereof, except those required by lax
or ordinance to be displayed in connection
with the drilling or maintenance of the well.
(17) That suitable and adequate sanitary toilet
and washing facilities shall be installed and
maintained in a clean and sanitary condition
at all times.
(18) That the controlled drilling site or any part
thereof shall be adequately landscaped, except
for those portions occupied by any required
structure, appurtenance or driveway, and all
such landscaping shall be maintained in good
condition at all times. Plans shoving the
type and extent of such landscaping shall
first be submitted to and approved by the
City Planning Commission and the City Council.
(19) That the holder of the variance, his successors
and assigns, must at all times be insured to
the extent of $100,000.00 against liability
In tort arising from drilling, or production,
or activities or operations incident thereto,
conducted or carried on under the variance or
by virtue thereof. The policy of insurance,
which may include self - insurance, issued pur-
suant thereto shall be subject to the approval
of the City Attorney, and duplicates shall be
furnished to him. Each such policy shall be
conditioned or endorsed to cover such agentsg
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lessees or representatives of the variance
holder as may actually conduct drilling,
production or incidental operations permitted
by the variance.
•. a
The City Planning Commission and City Council
may deny any application for zone variance to create a
controlled drilling site if they find that there is avail•
able and reasonably obtainable in the same district or in
an adjacent or nearby district within a reasonable dim•
tanos, one or more other locations where controlled drill,.
ing could be conducted with greater safety and security,
with appreciably less harm to other property, or with
greater conformity to the zoning plans of this City.
SECTION 4.
A. The provisions of this ordinance are not
applicable to wells existing prior to the effective date
hereof*
B. The controlled drilling site as herein
defined shall not be so located as to include any portion of
any dedicated public alley or street, nor shall it be so
located as to include any area contained within the limits
of any street, alley or any other public area when designated
as such in the Master Plan or Official Plan of the City of
E1 Segundo.
C. The provisions of this ordinance are
supplemental to the Land Use Plan of the City of E1 Segundo,
as defined in said Ordinance No. 306, commonly known as the
Zoning Ordinance.
SECTION 8. Every person, firm or corporation,
whether as principal, agent or otherwise, violating any of
the provisions of this ordinance, shall be deemed guilty of
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a misdemeanor and upon conviction thereof shall be
punishable by a fine not exceeding three hundred dollars
($300.00), or by imprisonment of not more than three
months in either the City Jail of the City of El Segundo,
California, or the County Jail of Los Angeles County,
California, as the committing magistrate may direct, or
by both such fine and imprisonment in the discretion of
the Court; and each and every calendar day during which
any violation of this ordinance shall continue, shall be
considered and deemed a new and separate offense.
SECTION 6. All ordinances and parts of ordinances
of the City of El Segundo, California, insofar as the same
are in conflict with the provisions of this ordinance; and
insofar as the same are superseded by the provisions of
this ordinance, are hereby repealed.
SECTION 7. That the City Clerk shall certify to
the passage and adoption of this ordinance and shall cause
the same to be published once in the EL Segundo Herald, a
weekly newspaper, printed, published and circulated in the
said City of El Segundo, and which is hereby designated for
that purpose.
Passed, approved and adopted this 7th day of
May , A. D., 194 7. ZL
Mayor of the City of E do,
California.
� �� sr►��
( SEAL)
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2947
STATE OF CALIFORNIA, )
COUNTX OF LOS ANGELES, Ss.
CITY OF EL S EGUNDO. )
I, Victor D. McCarthy, City Clerk of the City of
El Segundo, California, do hereby certify that the whole
number of members of the City Council of the said city is
five; that the foregoing ordinance, being Ordinance No. 312,
was passed and adopted by the said City Council, approved
and signed by the Mayor of said city, and attested by the
City Clerk of said city, all at a regular meeting of the
said Council held on the 7th day of May , A. D., 19472
and that the same was so passed and adopted by the following
vote:
AXES: Councilmen Baker, Peterson, Skelley, Thompson and
Mayor aelby,
i
NOES: Councilmen None
ABSENT: Councilmen None
(SEAL)
ity Clerk of th i iag_ of El Segundo, Californ
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CLERKIS CERTIFICATE
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, ) SS.
CITY OF EL SEGUNDO. )
I, ViotorD. McCarthy, City Clerk of the City of
E1 Segundo, California, do hereby certify that the whole
number of members of the City Council of the said city is
five; that the foregoing ordinance, being Ordinance No.
312, is a full, true and correct - original of Ordinance
No. 312 of the said City of El Segundo, entitled:
"AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT
OF OIL DRILLING DISTRICTS WITHIN THE URBAN-
IZED AREAS OF THE CITY OF EL BEGUND09 ESTAB..
LISHING CONDITIONS FOR THE CREATION THEREOF•
AND PROVIDING FOR THE CONTROL THEREIN OF TH
DRILLING FOR OIL OR OTHER HYDROCARBON PRODUCTS;
AND PROVIDING FOR SUPERVISION OF RELATED
PRACTICES. ".
which was duly passed and adopted by the said City Council,
approved and signed by the Mayor of said city, and attested
by the City Clerk of said oity, all at a regular meeting of
the said Council held on the 7th day of May , A. Do)
1947, and that the same was sopassed and adopted by the
following vote:
AYES: Councilmen Baker, Peterson, Skelley, Thompson
and Mayor Selo
NOES : Councilmen None
ABSENT: Councilmen None
I do hereby further certify that pursuant to the
provisions of Section 878 of Act 3233 of the General Laws of
the State of California (Deering 1923 Edition), as amended
to date, that the foregoing Ordinance No. 312 was duly and
regularly published according to law and the order of the
City Council of said city in the E1 Segundo Herald, a weekly
newspaper of general circulation, printed, published and
circulated within the said City, and that the same was so
published therein on the following date, to -wit: -May
_15, 19 1
WITNESS qq hand and the seal of said city this
16th day of May , 1947.
( SEAL)
ty lerk of the
E1 Segundo, California.
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Amuav4` at.
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STATE OF CALIFOSNIA, x
-_ COUNTY OF LOB ANGELES,
CITY OF EL SEGIINDO, t�
Mrank L• Snow .._..y'`
being first duly sworn, deposes and says: Thatt
is, and at all of the times hereinafter mentioned was, a citizen of the United States of America,,
the age o! eighteen
g g years, and a resident of the County of Los Angeles, State of California;
was, at, and during all of the time of the Publication of the instrument hereunto attached the.
Editor
printer and publisher of EL SEGUNDO HERALD, a news general
paper of circulation, printed; h
lisped and circulated WEEKLY in the City of El Segundo, in said County and State; that sail( nrn�
r�
paper has been so printed, published and circulated at regular intervals of one week for more the one �}
year immediately preceding the publication of�the instrument hereunto annexed; that said newgwpey
Is, and was, at all of the times herein mentioned, a newspaper of general circulation within the ale
of Section 4480 of the Political Code of the State of California; that as �
provided by said section;
newspaper is published for the dissemination of local or telegraphic
graphic news and inteiiigeace of a �s7as
eral character, having a bona fide subscription list of paying subscribers; that said newspaper
and was not at any of the times herein referred to, devoted to the interests, or published for the enter•
tainment or instruction of a
particular class, profession, trade, calling, race or deaotniaatioa,
any number of such classes, professions, trades, callings, races or denominations, and that said �C'
paper is not devoted to or published for, nor was it at any of the times herein mentioned dspgted , to
or published for the r
purpose, whether avowed or otherwise, of entertaining or instructing s1 ct�%W" �, .
professions, trades, callings, races or denominations, or any of such classes �k1 r
professions, trades, ca3i-
ings, races or denominations.
That the notice, order, ordinance, resolution or instrument hereunto attached on
— 9 page_ numbered- „
x,.
N
hereof in all respects, including subject matter, and size and arrangement of type, is a full frtla "
correct co
py of the said notice, ordinance, resolution or instrument, in words and sitar"
published; that the same was set and rinted in'L
P type not smaller than nonpareil and that tali
the same was preceded with words printed in black -face type not smaller than nonpareil, 'f <`
and expressing in general terms the
purpose and character of the notice, order, ordinance,
or instrument Intended to be Y ,1
published, as will ap- pear from an inspection of the sold annexed °' H
meat; that the
of which the annexed is a printed copy as herein above stated, was published and printed`'
newspaper at least_ -A -U eT
- --�. -_
-- h ...day of ........... — ------ MU --- -, A. D. i94—T.,
... - ...... - ...... - -••- .---.._ ....... _•
J13*M sexed to-wit: __. _ --- --- --- -__._._..__--•----•• ___
-------- _ --- T-b =. ad&J -.: MAY AA,
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Subscribed an a rn to before me
this °_ v -73
day of A. D. 194
1 \
City Clerk of the City of E - egundo, Co t+ Z F
of Los Angel e, State of Califo sro xi€
By --- ---- - ----- - ----
�.
Deputy City Clerk of Said City.
I