HomeMy WebLinkAboutAtt D - Section 1401CHARTER OF THE CITY OF NEWPORT BEACH Page 33 of 38
(c) "County" is the County of Orange.
(d) "State" is the State of California.
Section 1401. Oil Well Drilling.
No drilling for, exploration work of any kind, production or refining of, oil, gas or other
hydrocarbon substances shall be permitted within that area of the City of Newport Beach as
such limits exist as of the effective date of this Charter. The prohibitions shall include the City
of Newport Beach.
This Section shall not prohibit the drilling for, production or refining of oil, gas or other
hydrocarbon substances within any territory annexed to the City after the effective date of this
Charter if such drilling, production or refining was being conducted in such territory at the date
of the annexation thereof; but no such drilling, production or refining shall be permitted within
any territory annexed to the City after the effective date of this Charter if such activities were
not being conducted in such territory at the date of the annexation thereof.
This Section shall not prohibit the continuance of production of any well slant drilled under
property within the City from a location outside the City and in existence at the time this
Charter takes effect. Nor shall this section preclude the City Council from permitting the slant
drilling of wells under the surface of property within the City from surface locations located
either outside the City or within future annexations to the City wherein the drilling for and
production of oil, gas and other hydrocarbon substances is permitted, provided that such slant
drilling shall first be approved by a majority of the electors voting on such proposition at any
special or general municipal election, and provided further that all of the following conditions
shall be complied with;
(a) The holding of a public hearing upon any application for a permit to conduct such drilling;
(b) The requiring of the removal of all derricks and other surface structures used in the
drilling of such well upon completion or abandonment of such well;
(c) The furnishing of a faithful performance surety bond and the maintenance of public
liability and property damage insurance by the permittee in amounts deemed adequate by the
City Council;
(d) The screening by landscaping and the beautification of any production and maintenance
facilities used in the operation of any such well;
(e) Provisions for the payment to the City of such amounts as in the sound discretion of the
Council are adequate amounts for the consideration or granting of such permit, the holding of
such hearing, the making of initial and periodic inspections, the granting of easements under
City property and for royalties or rentals;
(f) The requirement that no such well shall traverse any land under the area of the City
wherein drilling is prohibited at a vertical depth of less than 400 feet from the surface of the
ground; and
(g) Such other conditions as the City Council may prescribe by ordinance. (As amended
effective April 23, 1958)
http://www.codepublishing. corn/CA/NewportBeach/htmifNewportBeachCH.html 03/30/2010