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Division 9, Article II, Chapter 35, Santa Barbara County Code
(Oil and Gas Facilities, Coastal Zoning Ordinance)
Article II, Chapter 35, of the Santa Barbara County Code contains
zoning regulations for most of the unincorporated area situated
within the coastal zone. Division 9 of Article II contains zoning
regulations for oil and gas facilities as follows:
Sec. 35-150. Purpose and Intent.
The purpose of this Division is to set forth specific regulations
for those oil and gas facilities designated as permitted uses
or uses permitted with a Conditional Use Permit in the applicable
zoning districts within this Article.
Sec. 35-150.1 Voter Approval
(Added pursuant to Measure A96 voter approval initiative passed
by the voters of Santa Barbara County on March 26, 1996 and by
Santa Barbara County Ord. 4234, 7/23/96)
1. Any legislative approvals (e.g. zoning amendment, General
Plan amendment, Local Coastal Plan amendment, Development Plan,
or other legislative action) which would authorize or allow
the development, construction, installation, or expansion of
any onshore support facility for offshore oil and gas activity
on the South Coast of the County of Santa Barbara (from Point
Arguello to the Ventura County border) shall not be final unless
such authorization is approved, in the affirmative, by a majority
of the votes cast by the voters of the County of Santa Barbara
in a regular election. For the purpose of this measure, the
term "onshore support facility" means any land use,
installation, or activity proposed to effectuate or support
the exploration, development, production, storage, processing,
or other activities related to offshore energy resources.
2. The voter approval requirement set forth in 1 above shall
not apply to onshore pipeline projects or to onshore support
facilities that are located entirely within an existing approved
consolidated oil and gas processing site at Las Flores Canyon
(designated as of June 13, 1995 as APN 81-220-14, 81-230-19)
or Gaviota (designated as of June 13, 1995 as APN 81-130-07,
81-130-52, 81-130-53).
3. The terms, policies, and zoning amendments set forth herein
shall expire at the end of twenty-five (25) years after the
effective date of this ordinance unless extended by the Board
of Supervisors or by another vote of the electorate.
Sec. 35-151. Definitions.
Unless otherwise defined within this Article, the definitions
of oil and gas related terms shall be those set forth in Sec.
25-3 of Chapter 25 of the Santa Barbara County Code (Petroleum
Ordinance).
Sec. 35-152. Onshore Exploratory Oil and Gas
Drilling.
1. Applicability. The specific regulations contained within this
section shall apply to all equipment, buildings, and appurtenances
necessary for the exploration for oil and gas resources from an
onshore hydrocarbon area outside the limits of an established
oil field. For all districts in which exploratory oil and gas
drilling is a permitted use or a use permitted with a Conditional
Use Permit, the district regulations of Division 4 shall be inapplicable
to said use .
2. Permitted Districts.
a. Exploratory oil and gas drilling and related facilities
are permitted uses in the following districts:
1) Agriculture II (AG-II)
2) Coastal-Dependent Industry (M-CD).
3) Coastal-Related Industry (M-CR). (Added by Ord. 3947, 11/19/91)
4) Where either of these districts are also subject to either
an Environmentally Sensitive Habitat Area (ESH) or View Corridor
(VC) Overlay District, a Conditional Use Permit as provided
in Sec. 35-172. is required.
b. Exploratory oil and gas drilling is permitted subject to
a Major Conditional Use Permit in the following districts:
1) Resource Management (RES)
2) Rural Residential (RR)
3) Industrial/Research Park (M-RP)
4) Light Industry (M-1)
5) General Industry (M-2)
3. Processing: Prior to the issuance of any Coastal Development
Permit for exploration for oil and/or gas, an Exploration Plan
shall be approved in accordance with the procedures set forth
in Sec. 35-176. (Oil and Gas Exploration and Production Plans).
4. Development Standards:
a. In addition to the well spacing and setback requirements
of Sec. 25-23 of the County Code (Petroleum Ordinance), no exploratory
oil or gas well or related facilities shall be permitted within
300 feet of either the mean high tide line or an occupied residence.
b. A drill site shall not exceed one (1) acre in size, but may
contain any number of boreholes.
c. Except in an emergency, no materials, equipment, tools, or
pipe used for drilling shall be delivered to or removed from
a drilling site within or through streets within a residential
district, between the hours of 7 p.m. and 7 a.m. of the next
day.
d. Grading and alteration of natural drainages shall be minimized.
e. If the exploratory drilling program is successful, a Production
Plan shall be submitted within one year of the issuance of the
Coastal Development Permit for the exploratory drilling unless
deemed infeasible for a particular operator.
f. If the exploratory drilling program is unsuccessful the well
shall be abandoned within one year of the issuance of the Coastal
Development Permit for the exploratory drilling, unless deemed
infeasible for a particular operator.
g. The applicant has received "authority to construct"
from the Air Pollution Control District.
Sec. 35-153. Onshore Oil and Gas Production.
1. Applicability. For all districts in which oil and gas production
and related facilities are permitted uses or uses permitted with
a Conditional Use Permit, the district regulations of Division
4 shall be inapplicable to said use .
The specific regulations contained within this section shall apply
to the production of oil and gas from an onshore hydrocarbon area
and related facilities, equipment, buildings, or appurtenances
including:
a. Drilling a new well or re-entering a previously abandoned
well for the production of petroleum.
b. Structures, equipment, or facilities necessary and incidental
to dehydration and/or separation of oil, gas and condensate
obtained from an onshore hydrocarbon area.
c. Injection wells and incidental equipment necessary for enhanced
oil recovery or disposal of production wastes.
d. Equipment and facilities necessary for enhanced oil recovery
including waterflooding, steam injection, air injection, carbon
dioxide injection, or introduction of polymers, or other agents.
e. Pipelines located within an onshore oil and gas lease area
which are necessary for oil and gas production operations.
f. Storage tanks necessary or incidental to separation/treatment
of oil and gas, or temporary storage of separated hydrocarbons,
and equipment for transfer of the produced hydrocarbons to pipelines
or tanker trucks.
g. Access roads.
h. Oil spill containment and recovery equipment including central
office space and vehicles for the storage of floating oil/water
separators, pumps, generators, hosing, assorted absorbent materials,
steam cleaners, storage tanks, and other land and wildlife clean-up
equipment.
2. Permitted Districts.
a. Oil and gas production and related facilities are a permitted
use in the following districts:
1) Agriculture II (AG-II).
2) Coastal-Dependent Industry (M-CD).
3) Coastal-Related Industry (M-CR). (Amended by Ord. 3947,
11/19/91)
4) Where either of these districts is also subject to either
an Environmentally Sensitive Habitat Area (ESH) or a View
Corridor (VC) Overlay District, a Conditional Use Permit,
as provided in Sec. 35-172. is required.
b. Oil and gas production and related facilities are permitted
subject to a Major Conditional Use Permit in the following districts:
1) Resource Management (RES)
2) Rural Residential (RR)
3) Industrial/Research Park (M-RP)
4) Light Industry (M-1)
5) General Industry (M-2)
3. Processing. Prior to the issuance of any Coastal Development
Permit for development related to oil and gas production, a Production
Plan shall be approved in accordance with the procedures set forth
in Sec. 35-176. (Oil and Gas Exploration and Production Plans).
4. Development Standards.
a. In addition to the well spacing and setback requirements
of Sec. 25-23 of the County Code (Petroleum Ordinance), no oil
and gas production well or related facilities shall be permitted
within 300 feet of either the mean high tide line, or an occupied
residence.
b. Except in an emergency, no materials, equipment, tools, or
pipe used for drilling or production operations shall be delivered
to or removed from a site within or through streets within a
residential district between the hours of 7 p.m. and 7 a.m.
of the next day.
c. No more than one drilling/production site shall be permitted
for each ten (10) acres of land area within a lease so as to
minimize the area of disturbance. A drill site may contain any
number of wells.
d. The site or the moving parts of operating machinery shall
be with an adequate non-combustible type fence, wall, screen,
or housing sufficient to prevent unauthorized access thereto
and having a of at least six (6) feet unless public access is
prevented by reason of an isolated location.
e. Each producing well site shall be completed in such a manner
that all production equipment and facilities shall be recessed,
covered, or otherwise screened from view. Trees or shrubbery
shall be planted and maintained so as to develop attractive
landscaping and to screen the site and production equipment,
structures, tanks, and facilities thereon from public view,
unless such equipment, structures, tanks, and facilities are
screened from public view by reason of an isolated location,
existing trees or shrubbery, intervening surface contours, or
a wall constructed as herein provided.
f. Any machinery used in the production and/or processing shall
be so designed and housed that noise and vibration shall be
reduced to a minimum and the operation thereof will be compatible
with the level of surrounding areas.
g. The applicant has received "authority to construct"
from the Air Pollution Control District.
h. All lights shall be shielded so as not to directly shine
on adjacent properties.
i. Permanent structures and equipment shall be painted a neutral
color so as to blend in with natural surroundings.
j. In addition to all of the above, the Development Standards
contained in Paragraph 5 of Sec. 35-154.5. for onshore processing
facilities for offshore oil and gas development shall also be
applicable to the processing facilities that are permitted as
a component of an onshore production area.
Sec. 35-154. Onshore Processing Facilities Necessary
or Related to Offshore Oil and Gas Development.
(Amended by Ord. 3701, Ord. 3745)
1. Applicability: The specific regulations of this section shall
apply to structures, equipment, or facilities necessary and incidental
to:
a. Dehydration and/or separation of oil, gas and condensate
obtained from an offshore hydrocarbon area, except for dehydration
and separation incidental to onshore wells which shall be subject
to regulations of Section 35-158, and 35-176, and (Amended by
Ord. 4235, 9/3/96)
b. Oil and gas processing/treatment facilities. (Amended by
Ord. 4235, 9/3/96)
For the specific regulations listed under 35.154.4B, the terms
"new production" or "new oil and gas production"
or "new gas production" refer to:
c. the development of any oil and/or gas after the adoption
of these policies which requires new discretionary local, state,
or federal permits unless its from an existing well or platform;
or
d. the development of any oil and/or gas which, after the adoption
of these policies, requires approval of a new platform, or a
new subsea or onshore well completion.
An operator who claims a constitutionally-protected vested right
exists within the scope of existing permits to process new production
at a facility which is not at a County-designated consolidated
site may request the Planning Commission for a determination
of exemption to allow processing of that production at the nonconsolidated
site. The request must be accompanied by evidentiary support
reasonably available at the time of filing. The Planning Commission
shall hold a hearing on the request within 60 days of filing.
The Planning Commission shall determine the scope of the applicant's
existing permits and whether the applicant, by obtaining and
relying on such permits prior to the adoption of these policies,
has acquired, under California law, a vested right to process
new production at a facility other than a County-designated
consolidated site.
The Commission may continue the hearing (1) with the consent
of the applicant and the County or (2) to permit or require
the applicant or the County to submit additional evidence or
legal analysis. No more than 90 days total continuance shall
be granted unless the parties consent or the Commission finds
that additional evidence is needed or a decision cannot feasibly
be presented within the allotted time. The Commission shall
decide the matter within 30 days after all such evidence and
analysis has been submitted.
The applicant shall reimburse the County for all reasonable
costs incurred in determining the claim of exemption.
2. Permitted Districts. Processing facilities for offshore oil
and gas development are permitted only in the Coastal-Dependent
Industry (M-CD) District (if the use requires a site on or adjacent
to the sea to be able to function at all) and in the Coastal-Related
Industry (M-CR) District, except: (Amended by Ord. 3947, 11/19/91;
Ord. 4235, 9/3/96)
a. Where the property is subject to the Environmentally Sensitive
Habitat Area Overlay District (ESH), such facilities shall not
be permitted within the area subject to the ESH.
b. Where the property is subject to the View Corridor Overlay
District (VC), such facilities shall require a Major Conditional
Use Permit as provided in Sec. 35-172.
3. Processing. No permits for development including grading shall
be issued except in conformance with an approved Final Development
Plan, as provided in Sec. 35-174. (Development Plans), and with
Sec. 35-169. (Coastal Development Permits).
In addition to the other information required under Sec. 35-174.
(Development Plans), the following information must be filed with
a Preliminary or Final Development Plan application.
a. An updated emergency response plan to deal with potential
consequences and actions to be taken in the event of hydrocarbon
leaks or fires. These emergency response plans shall be approved
by the County's Emergency Services Coordinator and Fire Department.
b. A phasing plan for the staging of development which includes
the estimated timetable for project construction, operation,
completion, and abandonment, as well as location and amount
of land reserved for future expansion.
4A. Findings Required for Approval of Development Plans Outside
the South Coast Consolidation Planning Area. (Added by Ord. 3701).
In addition to the findings for Development Plans set forth in
Sec. 35-174.7 (Development Plans), no Preliminary or Final Development
Plan is to be approved for a project in an area outside the South
Coast Consolidation Planning Area unless the Planning Commission
also makes all of the following findings:
a. Consolidation or collocation on or adjacent to an existing
processing facility to accommodate the proposed production is
not feasible or is more environmentally damaging.
b. There are no feasible alternative locations for the proposed
processing facility that are less environmentally damaging.
c. Where consolidation or collocation on or adjacent to an existing
processing facility is not proposed, for coastal areas east
of the City of Santa Barbara, there are no existing processing
facilities within three (3) miles of the proposed site.
d. The proposed facility is compatible with the present and
permitted recreational and residential development and the scenic
resources of the surrounding area.
4B. Findings Required for Approval of Development Plans for Facilities
in the South Coast Consolidation Planning Area. (Added by Ord.
3701)
In addition to the findings for Development Plans set forth in
Sec. 35-174.7 (Development Plans), no Preliminary or Final Development
Plan for processing facilities shall be approved unless the Planning
Commission also makes one or more of the following findings:
a. Existing and approved processing capacity at the County-designated
consolidation sites is insufficient to accommodate proposed
new production for a period of time that would render development
of the proposed offshore reservoir(s) infeasible. This finding
shall take into account feasible delays in development of the
offshore reservoir(s) to maximize use of existing and approved
processing capacity, and feasible expansion of existing processing
facilities to provide sufficient capacity.
b. The specific properties of oil or gas for a particular reservoir
- considering available information on the physical and chemical
characteristics of the stock, including but not limited to API
gravity, sulfur and water content, viscosity, and pour point
- would render development of the resource technically infeasible
unless specialized units can be built. Such finding shall consider
partial dehydration as a specialized unit if it is required
to adapt a resource to the technical requirements of a processing
facility. Modifications or additions to existing facilities
shall be favored over construction of redundant processing capacity
insofar as such modifications or additions render the resource
characteristics and the technical processing requirements of
a facility compatible with one another.
c. Commingling the production in existing or already-approved
facilities at designated consolidated sites is environmentally
unacceptable.
Additionally, no Preliminary or Final Development Plan for expansion
or construction of processing facilities shall be approved unless
the Planning Commission makes the following findings to restrict
industrialization of the area:
d. The expansion of existing facilities or construction of new
facilities are to be located at a County-designated consolidated
oil and gas processing site at Gaviota or Las Flores Canyon.
e. The proposed facilities will use, to the maximum extent feasible,
existing ancillary facilities at the consolidated site.
5. Development Standards. In addition to the regulations of the
M-CD District, the following regulations shall apply to onshore
processing facilities for offshore oil and gas development:
a. The level of noise generated by the facility at the property
boundary shall not exceed 70 db(A).
b. The applicant has received "authority to construct"
from the Air Pollution Control District.
c. There shall be no visible emission of smoke.
d. The installation shall be visually compatible with the potential
surroundings by use of any or all of the following measures
where applicable: buffer strips, depressions, natural or artificial;
screen planting and landscaping continually maintained; camouflage
and/or blending colors.
e. All lights shall be shielded so as not to directly shine
on adjacent properties.
f. Grading and alteration of natural drainages shall be minimized.
g. Adequate provisions shall be made to prevent erosion and
flood damage.
h. Permanent structures and equipment shall be painted a neutral
color so as to blend in with natural surroundings.
i. Permits for expanding, modifying, or constructing crude-oil
processing or related facilities shall be conditioned to require
that all oil processed by the facility shall be transported
from the facility and the County by pipeline as soon as the
shipper's oil-refining center of choice is served by pipeline.
Transportation by a mode other than pipeline may be permitted
only:
(1) within the limits of the permitted capacity of the alternative
mode; and
(2) when the environmental impacts of the alternative transportation
mode are required to be mitigated to the maximum extent feasible;
and
(3) when the shipper has made a commitment to the use of a
pipeline when operational to the shipper's refining center
of choice; and
(4) when the County has determined use of a pipeline is not
feasible by making one of the following findings:
(a) A pipeline to the shippers' refining center of choice
has inadequate capacity or is unavailable within a reasonable
period of time;
(b) A refinery upset has occurred, which lasts less than
two months, precludes the use of a pipeline to that refinery,
and requires temporary transportation of oil to an alternative
refining center not served by pipeline;
(c) The costs of transportation of oil by common carrier
pipeline is unreasonable taking into account alternative
transportation modes, economic costs, and environmental
impacts; or
(d) An emergency, which may include a national state of
emergency, has precluded use of a pipeline.
A permit based on finding (b) or (d) may be granted by
the Director of the Planning and Development Department
and shall be subject to appeal to the Planning Commission.
A permit based on findings (a) and (c) may be granted by
the Board of Supervisors. All permits in this section are
subject to appeal to the Coastal Commission.
All permits for the use of a non-pipeline mode of transportation
may specify the duration for such permitted use. Such permit
may be extended upon a showing of good cause based upon
a consideration of the findings listed above. A permit based
on finding (b) shall be granted for two months only. If
refinery upset conditions continue beyond two months and
the shipper wishes to continue use of a non-pipeline transportation
mode, the shipper must seek a new or modified permit that
is based on a consideration of finding (a), (c), or (d).
In all cases, the burden of proof as to pipeline unavailability
or inadequate capacity, unreasonable tariffs, and the need
for and use of other transportation systems shall be on
the shipper.
j. Except in an emergency, no materials, equipment, tools,
or pipes used for plant operation shall be delivered to or removed
from the plant site through streets within a residential district
between the hours of 7 p.m. and 7 a.m. of the next day.
k. Within the South Coast Consolidation Planing Area, operators
and owners of County-designated consolidated facilities and
sites shall make their facilities and property available for
commingled processing and consolidation of oil and gas facilities
on an equitable and nondiscriminatory basis. If existing processing
capacity is insufficient to accommodate proposed production
and necessary new facilities are not permittable pursuant to
the County's consolidation policies, operators of consolidated
facilities shall reduce throughput on a pro-rata basis to accommodate
other developers. (Added by Ord. 3701)
6. Facility and Site abandonment Within the South Coast Consolidation
Planning Area:
a. The County shall review permits that are approved after
August 12, 1985 for new or modified oil and gas facilities when
throughput, averaged (arithmetic mean) over any twelve (12)
consecutive months, does not exceed 3 percent of the facility's
maximum permitted operating capacity. The review shall be conducted
in a duly-noticed public hearing to determine if facility abandonment
or facility modifications are appropriate. (Added by Ord. 3701)
Sec. 35-155. Onshore Supply Base and Piers and
Staging Areas Necessary or Related to Offshore Oil and Gas Development.
(Amended by Ord. 3537, 10/8/85)
1. Applicability: The specific regulations contained within this
section shall apply to the onshore portion of supply bases and/or
piers and staging areas established for shipping equipment, supplies,
and personnel to offshore areas during exploratory, development,
or petroleum production operations. For all districts in which
piers and staging areas are permitted or conditionally permitted,
the district regulations of Division 4 shall be inapplicable to
said use.
2. Permitted Districts.
a. Supply bases, piers and staging areas are permitted uses
in the Coastal-Dependent Industry (M-CD) District (if the use
requires a site on or adjacent to the sea in order to function
at all) and in Coastal-Related Industry (M-CR) District, except:
(Amended by Ord. 3947, 11/19/91)
1) Where the property is subject to the Environmentally Sensitive
Habitat Area Overlay District (ESH), such facilities shall
not be permitted within the area subject to the ESH.
2) Where the proposed facility is subject to the View Corridor
Overlay District (VC), such facilities shall require a Conditional
Use Permit, as provided in Sec. 35-172.
b. Piers and staging areas are permitted subject to a Major
Conditional Use Permit, in the following districts:
1) Agriculture II (AG-II)
2) Rural Residential (RR)
c. The continued use of all existing piers and staging areas
is permitted.
3. Processing. No permits for development including grading shall
be issued except in conformance with an approved Final Development
Plan, as provided in Sec. 35-174 (Development Plans), and with
Sec. 35-169 (Coastal Development Permits). Supply bases shall
also be subject to an approved Specific Plan as provided in Sec.
35-175 (Specific Plans). In addition to the other information
required under Sec. 35-175 (Specific Plans), the following information
must be filed with a Supply Base Specific Plan application.
a. Purpose and need for the project, including a description
of the service area;
b. Applicable LCP goals and policies and project compatibility,
including mitigation measures and provisions for resource protection;
c. Consistency with and relationship to local, state, and federal
regulations and coordination with government agencies;
d. Circulation Plan and transportation analysis;
e. Open Space and Coastal Access Plan;
f. Phasing Plan, including abandonment;
g. Description of public services/utilities, including mitigation
of identified constraints;
h. Socioeconomic data, including proposed employment and generation
of expenditures;
i. Description of facilities screening from public viewing places
and buffering from adjacent land uses;
j. Description of safety features;
k. Air quality data, including emissions inventory and offsets;
l. Identification of site constraints due to biological, geological,
and cultural resources and similar factors;
m. Identification of recreation resources and mitigation of
potential impacts;
n. Description of proposed operating policies which assure the
facilities will be open to all potential users on fair and equitable
terms.
4. Findings Required for Approval of Development Plans.
In addition to the findings for Development Plans set forth in
Sec. 35-174.7. (Development Plans), no Preliminary or Final Development
Plan shall be approved unless the Planning Commission also makes
all of the following findings:
a. There are no feasible alternative locations for the proposed
pier or staging area that are less environmentally damaging.
b. The proposed facility is compatible with the present and
permitted recreational and residential development and the scenic
resources of the surrounding area.
c. Consolidation at an existing facility is not feasible or
is more environmentally damaging.
d. For Supply Base Specific Plan Applications:
1) There is a proven need for the project.
2) The project provides a net environmental advantage as determined
during the environmental review process.
5. Development Standards.
a. At such time as piers are no longer needed for petroleum
operations,
the County shall be given the right of first refusal to purchase
the piers. The piers shall not be dismantled or sold to private
parties unless the County Board of Supervisors decides not to
purchase it.
b. Permanent structures and equipment shall be painted in a
neutral color so as to blend in with natural surroundings.
c. Where applicable, the applicant has received "authority
to construct" from the Air Pollution Control District.
d. Setbacks for Buildings and Structures other than Piers:
1) Front. Fifty (50) feet from the centerline and twenty
(20) feet from the right-of-way line of the street.
2) Side. Ten (10) feet. On corner lots, the side yard along
the street shall conform to the above front setback regulations.
3) Rear. Ten (10) feet, except that:
a) for any lot that has a rear boundary which abuts a lot
zoned residential, fifty (50) feet.
e. Height Limit. No building or structure shall exceed a height
of forty-five (45) feet.
f. Parking. As provided in DIVISION 6--PARKING REGULATIONS.
g. Landscaping/Screening. All property lines shall be provided
with landscaping sufficient to screen from view any buildings
or structures. In addition, where any portion of a lot subject
to these regulations abuts a lot in a residential district,
a masonry wall not less than six (6) feet in height shall be
provided.
h. Outdoor storage areas shall be screened from view of any
street by a wall or fence six (6) feet in height. Such wall
or fence shall be located not closer than five (5) feet to the
street right-of-way line. The space between the wall and fence
and the street shall be landscaped. Areas where stored materials
or equipment exceed a height of six (6) feet shall be landscaped
by a row of trees of a type approved by the County Landscape
Planner to provide continuous screening to an approximate height
of not less than twenty (20) feet nor more than (40) feet when
mature.
Sec. 35-156. Marine Terminals.
(Amended by Ord. 3745, 11/21/88)
1. Applicability. The specific regulations contained within this
section shall apply to the onshore portion of the components of
a marine terminal which include loading and/or unloading equipment,
storage tanks, terminal control and safety equipment and navigational
facilities but not including pipelines. The regulations for pipelines
and related facilities are located in Sec. 35-157. These regulations
shall apply to existing and new marine terminals and as of April
12, 1967, there exists in the County four (4) marine terminals
which are located at Cojo Bay, Gaviota, El Capitan and Coal Oil
Point.
2. Permitted Districts. Marine terminals are a permitted use
in the Coastal-Related Industry (M-CR) District. They are also
permitted in the Coastal-Dependent Industry (M-CD) District if
such use is determined to require a site on or adjacent to the
sea to be able to function at all. (Amended by Ord. 3947, 11/19/91)
However,
a. No more than one (1) additional marine terminal to the number
in existence within the County as of April 12, 1967, shall be
permitted in the area east of Point Conception.
b. Where the land to be used for the onshore portions of the
marine terminal is also subject to the Environmentally Sensitive
Habitat Area Overlay District (ESH), such facilities shall not
be permitted.
c. Where the land to be used for the onshore portions of the
marine terminal is also subject to the View Corridor Overlay
District (VC), such facilities require a Major Conditional Use
Permit, as provided in Section 35-172.
d. After adoption of a Resolution by the County Board of Supervisors
that an onshore pipeline for transporting crude oil to refineries
is technically and economically feasible, new marine terminals
shall not be a permitted use in any district and existing marine
terminals shall continue to be a permitted use until the pipeline
is operational, at which time they shall become legal nonconforming
uses. After the pipeline is operational, marine terminals are
a use permitted subject to a Major Conditional Use Permit in
the Coastal-Related Industry (M-CR) District, and if determined
to require a site on or adjacent to the sea to be able to function
at all in the Coastal-Dependent Industry (M-CD) District. Marine
terminals are permitted in these two districts only upon a finding,
in addition to those normally required for a marine terminal,
as set forth in paragraph 4, that transshipment of oil by onshore
pipeline is not feasible for the particular operator. (Amended
by Ord. 3947, 11/19/91)
e. Major oil storage facilities shall be consolidated and shall
support the most environmentally preferred oil transportation
system. Minor storage facilities may be allowed at specific
operating areas where clearly needed, where it can be shown
that it is not feasible to provide such storage at the consolidated
site(s), where it is located in the least environmentally damaging
location and where the adverse environmental impacts are mitigated
to the maximum extent feasible.
3. Processing.
No permits for development including grading shall be issued except
in conformance with an approved Final Development Plan, as provided
in Sec. 35-174. (Development Plans), and with Sec. 35-169. (Coastal
Development Permits).
In addition to the other information required under Sec. 35-174.3.
(Development Plans), the following information must be filed with
a Preliminary or Final Development Plan application:
a. An updated emergency response plan, that addresses the potential
consequences and actions to be taken in the event of hydrocarbon
leaks or fires. The emergency response plan shall be approved
by the County's Emergency Services Coordinator and Fire Department.
b. A phasing plan for the staging of development which includes
the estimated timetable for project construction, operation,
completion, and abandonment, as well as location and amount
of land reserved for future expansion.
4. Findings Required for Approval of Development Plans.
In addition to the findings for Development Plans set forth in
Sec. 35-174.7. (Development Plans), no Preliminary or Final Development
Plan shall be approved unless the Planning Commission also makes
all of the following findings:
a. There are no feasible alternative locations for the proposed
marine terminal that are less environmentally damaging.
b. Expansion of an existing marine terminal onto adjacent lands
is not feasible or is more environmentally damaging.
c. The proposed facility is compatible with the present and
permitted recreational, educational, and residential development
and the scenic resources of the surrounding area.
5. Development Standards.
a. The level of noise generated by the facility at the property
boundary shall not exceed 70 dB(A).
b. The applicant has received "authority to construct"
from the Air Pollution Control District.
c. There shall be no visible emission of smoke.
d. Permanent structures and equipment shall be painted a neutral
color so as to blend in with natural surroundings.
e. The installation shall be visually compatible with the potential
surroundings by use of any or all of the following measures
where applicable: Buffer strips; depressions, natural or artificial;
screen planting and landscaping continually maintained; camouflage
and/or blending colors.
f. All lights shall be shielded so as not to directly shine
on adjacent properties.
g. Grading and alteration of natural drainages shall be minimized.
h. Adequate provision shall be made to prevent erosion and flood
damage.
i. Except in an emergency, no materials, equipment, tools, or
pipes used for marine terminal operations shall be delivered
to or removed from the plant site through streets within a residential
district between the hours of 7 p.m. and 7 a.m. of the next
day.
j. The following standards must be achieved on site or through
off-site mitigation:
1) The facility shall not have a significant visual impact.
2) The significance of visual impact shall be determined based
on a visual contrast rating developed according to the United
States Bureau of Land Management Scenic Quality Inventory
and Evaluation System (1981), which utilizes a scale ranging
from 0 (best) to 33 (worst). A score of 7 or greater (more
severe) following mitigation shall be considered significant.
3) No known or potential significant habitat for locally rare
or regionally endemic species shall be adversely affected
by the facility.
k. Oil storage facilities shall meet each of the following
goals on site or through off-site mitigation except where aggregate
impacts, notwithstanding one or more exceedances of the following
goals, demonstrate that a particular site is the least environmentally
damaging reasonable site available:
1) To ensure public health and safety, human exposure to
risk of an accident at the tank farm shall be limited to an
aggregate of 240 person hours per day on average, exclusive
of facility employees, within one-half (1/2) mile of the proposed
facility;
2) Not more than 1.6 acres or their equivalent of high productivity
terrestrial habitat (equivalent to 1025 acres of industrial
use land) shall be disturbed;
a) Impacts on terrestrial habitat shall be assessed based
on a detailed environmental analysis of site-specific conditions.
"Equivalent acres" shall be determined according
to the following guidelines based on a standard of high
productivity terrestrial habitat based on wetland productivity
and biological assessments, but the determination of the
environmentally preferable site and mitigation programs
shall be based on site-specific environmental data.
| Habitat Type |
High Productivity
Habitat Equivalent |
| Wetland |
1 acre |
| Native Grassland |
3 acres |
| Undisturbed Riparian |
3 acres |
| Coastal Strand |
5 acres |
| Disturbed Riparian |
9 acres |
| Coastal Bluff Scrub |
10 acres |
| Oak woodland/Forest |
10 acres |
| Coastal Sage Scrub |
15 acres |
| Chaparral |
20 acres |
| Cismontane Introduced Grassland |
50 acres |
| Agricultural/Introduced Plantings |
200 acres |
| Recently Distrubed |
200 acres |
| Industrial |
640 acres |
| (eg., 40 acres Coastal
Bluff Scrub is equivalent to 4 acres of high productivity
habitat.) |
The interpretation of the Coastal Zoning Ordinance shall
not result in less resource protection than mandated by
Environmentally Sensitive Habitat areas (ESH) protection
policies and other policies contained within this Coastal
Plan.
3) Not more than 0.064 acres or their equivalent of high
productivity marine habitat (equivalent to 1.19 acres of sandy
beach) shall be disturbed by a ballast water treatment outfall
associated with a marine terminal;
a) Impacts on marine ecology shall be assessed based on
a detailed environmental analysis of site-specific conditions.
"Equivalent acres" shall be determined according
to the following guidelines based on a standard of high
productivity rocky bottom kelp habitat, but the determination
of the environmentally preferable site and mitigation programs
shall be based on site-specific environmental data:
| Habitat Type |
High Productivity Habitat Equivalent |
| Kelp, rocky bottom |
1 acre |
| High relief boulder/Esposed intertidal reefs |
2.6 acres |
| Kelp, sandy botom |
3 acres |
| Low relief intertidal bedrock reefs |
6.9 acres |
| Cobble/gravel beach |
8.1 acres |
| Hard bottom/deep water (no kelp) |
10.8 acres |
| Silty/mud bottom |
17.1 acres
|
| Sand beach |
18.6 acres |
4) No residents shall be subject to greater than a 9 dB increment
above baseline in ambient noise level;
5) No significant cultural resources shall be adversely affected.
Sec. 35-157. Oil and Gas Pipelines.
(Amended by Ord. 3745, 11/21/88)
1. Applicability.
The specific regulations contained within this section shall apply
to:
a. All oil and gas pipelines that extend outside the applicants
lease area (e.g., transmission and distribution lines).
b. All oil and gas pipelines transporting oil and gas from or
to an offshore area.
c. Facilities related to the pipeline (e.g., pump stations,
etc.).
d. Major oil storage facilities associated with pipelines shall
be subject to the regulations contained in Section 35-156. For
all districts in which oil and gas pipelines or related facilities
are permitted uses or uses permitted with a Conditional Use
Permit, the district regulations of Division 4 shall be inapplicable
to said use. The regulations for pipelines located within a
lease area that are necessary for oil and gas production operations
are contained within Sec. 35-153. (Onshore Oil and Gas Production).
2. Permitted Districts. Oil and gas pipelines (including gas
utility lines) shall be a permitted use within all zone districts
except that where the property to be used for the pipeline is
subject to an Environmentally Sensitive Habitat Area Overlay District
(ESH), a Major Conditional Use Permit, as provided in Sec. 35-172.,
is required.
3. Processing. No permits for development including grading shall
be issued except in conformance with an approved Final Development
Plan, as provided in Sec. 35-174. (Development Plans), and with
Sec. 35-169. (Coastal Development Permits). In addition to the
other information required under Sec. 35-174.3. (Development Plans),
the following information must be filed with a Preliminary or
Final Development Plan application:
a. An updated emergency response plan that addresses the potential
consequences and actions to be taken in the event of hydrocarbon
leaks or fires. The emergency response plan shall be approved
by the County's Emergency Services Coordinator and Fire Department.
b. A survey of the pipeline corridor to identify the potential
impacts on coastal resources. The survey shall be conducted
by a consultant approved by the County, the Department of Fish
and Game and the applicant.
c. If it is determined by the survey that any portion of the
pipeline corridor to be disturbed will not revegetate naturally
or in sufficient time to avoid other damage (e.g., erosion),
a revegetation or restoration plan shall be prepared. The plan
shall also include provisions for restoration of any habitats
which will be disturbed by construction or operational procedures.
4. Findings Required for Approval of Development Plans. In addition
to the findings for Development Plans set forth in Sec. 35-174.7.
(Development Plans), no Preliminary or Final Development Plan
which proposes new pipeline construction outside of industry facilities
shall be approved unless the Planning Commission also makes the
following findings:
a. Use of available or planned common carrier and multiple-user
pipelines is not feasible; and
b. Pipelines will be constructed, operated, and maintained as
common carrier or multiple-user pipelines unless the Planning
Commission determines it is not feasible. Applicants have taken
into account the reasonable, foreseeable needs of other potential
shippers in the design of their common carrier and multiple-user
pipelines. Multiple-user pipelines provide equitable access
to all shippers with physically compatible stock on a nondiscriminatory
basis; and
c. New pipelines are routed in approved corridors that have
undergone comprehensive environmental review unless the Planning
Commission determines that such corridors are not available,
safe, technically feasible, or the environmentally preferred
route for the proposed new pipeline; and
d. When a new pipeline route is proposed, it is environmentally
preferable to all feasible alternative routes; and
e. When a new pipeline is proposed, the project's environmental
review has analyzed the cumulative impacts that might result
from locating additional pipelines in that corridor in a future;
and
f. Concurrent or "shadow" construction has been coordinated
with other pipeline projects that are expected to be located
in the same corridor where practical.
5. Development Standards.
a. Except in an emergency, no materials, equipment or tools
used for pipeline construction shall be delivered to or removed
from a pipeline construction site through streets within a residential
zone district between the hours of 7 p.m. and 7 a.m. of the
next day.
b. For projects in which a revegetation plan and/or habitat
restoration plan has been prepared, a performance security shall
be provided in an amount sufficient to ensure completion of
all requirements of the approved revegetation and/or restoration
program and shall be released upon satisfactory completion.
c. For projects in which a revegetation plan and/or habitat
restoration plan has been prepared, the affected pipeline segment
shall be resurveyed one year after completion of construction
to assess the effectiveness of the revegetation and restoration
program. This survey shall continue on an annual basis to monitor
progress in returning the site to pre-construction conditions
or until no additional monitoring is deemed necessary by the
County.
d. Herbicides shall not be used during pipeline construction.
e. All equipment and activities shall be restricted to the pipeline
right-of-way to the maximum extent feasible.
f. After completion of back-filling and compacting of the pipeline
ditch, the site shall be returned to grade where practical and
the excess soil shall be removed to an approved disposal site.
g. During construction of the pipeline, permanent blocking of
surface drainages shall be avoided.
h. A pipeline corridor shall be sited so as to avoid important
coastal resources (e.g., recreation, habitat, and archaeological
areas) to the maximum extent feasible.
i. Where pipeline segments carrying hydrocarbon liquids pass
through important coastal resource areas (e.g., recreation,
habitat, archaeological, or other areas of significant coastal
resource value), automatic shut-off valves shall be utilized
to minimize the amount of spilled liquids in the sensitive area.
The potential fordamage in those areas shall be minimized by
considering spill volumes, duration, and trajectories in the
selection of a pipeline corridor. In addition,
appropriate measures for spill containment and cleanup (e.g.,
catch basins to contain a spill) shall be included as part of
the required emergency response plan.
j. Following installation of a pipeline, use of the right-of-way
shall be restricted to the pipeline easement.
k. The applicant has received "authority to construct"
from the Air Pollution Control District.
1. Permits of new pipeline construction shall require engineering
of pipe placement and burial within a corridor to minimize incremental
widening of the corridor during subsequent pipeline projects,
unless the proposed route is determined to be unacceptable for
additional pipelines.
Sec. 35-158. Onshore Exploration and/or Production
of Offshore Oil and Gas Reservoirs.
1. Applicability.
a. The specific regulations contained within this section shall
apply only to the Gaviota and Las Flores Canyon Consolidated
Oil and Gas Planning Areas as defined in Division 2 of this
Article.
b. The specific regulations contained within this section shall
apply to all equipment, buildings, activities and appurtenances
necessary for the exploration and production of offshore oil
and gas reservoirs from an onshore location including:
1) Collocated structures, equipment, or facilities necessary
and incidental to drilling, dehydration and separation of
oil, gas and condensate obtained from an offshore oil and/or
gas reservoir including secondary recovery methods as set
forth in Sec. 25-31 of the County Code.
2) Injection wells and incidental equipment necessary for
gas reinjection or disposal of oil and gas exploration and
production wastes.
3) Surge tanks necessary or incidental to separation and dehydration
of oil and gas at the drill site and pipeline transportation
to processing facilities.
4) Temporary storage facilities required during exploration,
during emergency circumstances, during remediation of contaminated
soils, and during abandonment.
5) Access roads and staging areas.
6) Oil spill containment and recovery equipment including
central office space and vehicles for the storage of floating
oil/water separators, pumps, generators, hosing, assorted
absorbent materials, steam cleaners, storage tanks, and other
land and wildlife clean-up equipment.
c. The specific regulations contained within this section shall
not apply to the injection, storage or withdrawal of natural
gas from the Southern California Gas Company's storage field
in Goleta, as described in Sec. 35-88.11 and regulated under
the PU Zone District.
2. Permitted or Conditionally Permitted Districts.
Exploration and production of oil and gas resources is permitted
or conditionally permitted in the following Districts contained
within the Gaviota and Las Flores Canyon Consolidated Planning
Areas as defined in Division 2 of this Article:
a. Coastal-Related Industry (M-CR).
b. Agricultural II (AG-II) - (Permitted with a Major Conditional
Use Permit as provided in Sec. 35-172)
c. Where either of these districts is also subject to an Environmentally
Sensitive Habitat Area (ESH), a Conditional Use Permit as provided
in Sec. 35-172 is required.
3. Processing. Prior to the issuance of any Coastal Development
Permit for exploration of offshore oil and gas reservoirs from
an onshore location, an Exploration Plan shall be approved in
accordance with Sec. 35-176. Additionally, prior to the issuance
of any Coastal Development Permit for production of offshore oil
and gas reservoirs from an onshore location, a Production Plan
shall be approved in accordance with Sec. 35-176.
4. Findings Required for Approval of Exploration Plan.
In addition to the findings set forth in Sec. 35-176.5, Exploration
Plans, the following findings must be made:
a. That exploration occurring within a County designated site
for consolidated oil and gas processing does not jeopardize
space requirements for existing and projected consolidated processing
and does not subject processing operations to undue risk.
b. That exploration sites are collocated with other exploration
and/or production sites approved after January 1, 1996, to the
maximum extent feasible.
5. Development Standards for Exploration.
In addition to the development standards set forth in Sec. 35-176.6
required for Exploration Plans and the regulations of the M-CR
and AG-II districts, the following regulations shall apply. Where
applicants seek an Exploration Plan in conjunction with a Production
Plan simultaneously, only the development standards for Production
Plans shall be applicable.
a. Oil and gas drilling rigs may exceed fifty (50) feet in
height if the fifty foot height limit, as set forth in Section
35-127, is determined to render the development of the oil and/or
gas reservoir technically infeasible.
b. A drill site shall not exceed one (1) acre in size.
c. Drilling rigs shall be shielded and soundproofed to be compatible
with the surrounding area.
d. All lights shall be shielded and directed so as not to directly
shine on adjacent properties.
e. Grading and alteration of natural drainages, watersheds,
and hillsides shall be minimized to control erosion, minimize
flooding, and minimize environmental degradation during construction,
operation and abandonment of oil and gas facilities. Where grading
and alteration of natural drainages, watersheds, and hillsides
is required to carry forth a project, adequate mitigation shall
be required, including minimizing the effected area of impact
by employing temporary vegetation, seeding, mulching, or other
suitable stabilization. All cut and fill slopes shall be stabilized
immediately with planting of native grasses and shrubs, appropriate
non-native plants, or with accepted landscaping practices.
f. A site-specific restoration, erosion control, and revegetation
plan shall be prepared for all areas impacted by construction.
g. A Production Plan shall be submitted within one year of the
issuance of the Coastal Development Permit for the exploratory
drilling. The Director of Planning and Development may extend
this deadline by no more than one year upon written request
by the operator and demonstration of good cause. Failure to
submit a Production Plan within the required period will require
that the operator abandon the exploration well(s) and related
facilities pursuant to Chapter 25 of the County Code and any
other abandonment and restoration policies and procedures in
place at that time.
h. An abandonment plan shall be prepared to address the abandonment
of the facilities to be built during exploration. To ensure
that abandonment is carried out, a performance bond or other
acceptable financial mechanism shall be posted by the operator
prior to issuance of a Coastal Development Permit in an amount
commensurate with the estimated costs of obtaining permits for
site abandonment, and the costs of abandonment and restoration
of the site. The bond or other financial security shall be returned
to the applicant upon successful abandonment and restoration
of the site.
i. The applicant shall obtain an "authority to construct"
from the Air Pollution Control District before commencing operations.
j. An Emergency Response Plan, a Fire Protection Plan, a Hazardous
Materials and Waste Management Plan, a Hydrogen Sulfide Incident
Plan shall be prepared for the facilities. Additional contingency
plans (e.g., Flood Control Plan) may be required on a project-by-project
basis.
k. The proposed development shall have an adequate water source
consistent with County Land Use Development Policies. Significant
impacts to surface water due to short-term sedimentation of
streams shall be mitigated to insignificance through adequate
erosion and sediment controls, including containment of loose
soil. Additionally, significant impacts to surface and groundwater
due to oil spills shall be mitigated to the maximum extent feasible
through adequate preventative and protective measures, including
containment basins, dikes, and timely remediation of contaminated
soils during operations. Specific mitigation shall be based
on project-specific potential for causing significant impacts.
6. Findings Required for Approval of Production Plan.
In addition to the findings set forth in Sec. 35-176.10, Production
Plans, the following findings must be made.
1. That production occurring within a County designated site
for consolidated oil and gas processing does not jeopardize
space requirements for existing and projected consolidated processing.
2. That production sites are collocated with other exploration
and/or production sites approved after January 1, 1996, to the
maximum extent feasible.
3. Sufficient pipeline capacity to transport processed crude
oil, processed natural gas, and heavier fractions of natural
gas liquids is reasonably available for the life of the project.
7. Development Standards for Production Activities.
In addition to the development standards set forth in Sec. 35-176.10
required for Production Plans and the regulations of the M-CR
and AG-II districts, the following regulations shall apply.
a. Oil and gas drilling rigs may exceed fifty (50) feet in
height if the fifty foot height limit, as set forth in Section
35-127, is determined to render the development of the oil and/or
gas reservoir technically infeasible.
b. Except in an emergency, no materials, equipment, tools, or
pipe used for production shall be transported through streets
within a residential district, between the hours of 7 p.m. and
7 a.m. of the next day.
c. The site or the moving parts of operating machinery shall
be enclosed with an adequate non-combustible type fence, wall,
screen, or housing sufficient to prevent unauthorized access
thereto and having a height of at least six (6) feet. Fences
greater than eight (8) feet in height are subject to the permit
requirements of Sec. 35-123 of this ordinance.
d. Drilling rigs shall be shielded and soundproofed to be compatible
with the surrounding area.
e. Visual impacts shall be mitigated to the maximum extent feasible,
including but not limited to the following measures:
i. Drilling operations shall be located so as to minimize
intrusion of drill rigs into publicly accessible viewsheds.
ii. A Site Screening and Lighting Plan, including provisions
for screening equipment and directing and shielding lighting
so as not to directly shine offsite or produce excessive glare,
shall be submitted to the Planning and Development Department
for review and approval prior to land use clearance. Such
provisions shall be applied to the drill rig to the maximum
extent feasible.
f. Any machinery used in the production shall be so designed
and housed that noise and vibration shall be reduced to a minimum
and the operation thereof will be compatible with the level
of surrounding areas.
g. The applicant shall obtain an "authority to construct"
from the Air Pollution Control District before commencing operations.
h. Grading and alteration of natural drainages, watersheds,
and hillsides shall be minimized to control erosion, minimize
flooding, and minimize environmental degradation during construction,
operation and abandonment of oil and gas facilities. Where grading
and alteration of natural drainages, watersheds, and hillsides
is required to carry forth a project, adequate mitigation shall
be required, including minimizing the effected area of impact
by employing temporary vegetation, seeding, mulching, or other
suitable stabilization. All cut and fill slopes shall be stabilized
immediately with planting of native grasses and shrubs, appropriate
non-native plants, or with accepted landscaping practices.
i. A site-specific restoration, erosion control, and revegetation
plan shall be submitted with the Production Plan application
and shall address all areas impacted by construction.
j. Drill site facilities and pipelines shall be designed to
withstand maximum credible earthquakes and associated peak ground
accelerations that have been determined for the site.
k. Secondary recovery operations may be carried out in accordance
with Sec. 25-31 of the County Code so long as such operations
were included as part of the project description, processed
through environmental review, and made part of the permitted
project. Secondary recovery operations proposed after initial
project approval shall be subject to additional environmental
review and permitting.
l. All transportation of oil to a refinery center shall be subject
to the LCP Policy 6-8 and the development standards set forth
in Sec. 35-154. All transportation of natural gas liquids shall
be accomplished in accordance with County-approved practices
to protect public safety, including, but not limited to, the
following precautions:
i. Butane and heavier gas-liquid fractions shall be blended
with crude oil for shipment by pipeline to the extent feasible
or marine tanker;
ii. Shipments by highway shall be limited to routes approved
by the County;
iii. carriers shall be selected and monitored in accordance
with a County-approved Transportation Risk Reduction and Prevention
Program prepared by the shipper;
iv. Additional public services such as increased enforcement
of traffic regulations by the California Highway Patrol shall
be funded by the shippers on a prorated basis.
m. Repealed September 21, 2004.
n. To ensure that abandonment is carried out, a performance
bond or other acceptable financial mechanism shall be posted
by the operator prior to commencement of operations in an amount
commensurate with the estimated costs of obtaining permits for
site abandonment, and the costs of abandonment and restoration
of the site. The bond or other financial security shall be returned
to the applicant upon successful abandonment and restoration
of the site.
o. All offsite pipelines shall be protected from rupture and
leaks in the following manner:
i. External corrosion shall be reduced to insignificance
through appropriate measures, including cathodic protection
and proper coating;
ii. Internal corrosion shall be reduced to insignificance
through deployment of scrapers, corrosion inhibitors, and
single-phased streams as appropriate;
iii. External mechanical interference shall be reduced to
insignificance through adequate warning devices, participation
in an acceptable one-call system to warn third-party excavation
of a pipeline presence, and adequate protection and emergency
access to pipeline right-of-ways.
iv. Adequate testing of pipelines following ground movement
or subsidence.
v. Where technically feasible and at appropriate time intervals,
all offsite pipelines shall be tested with state-of-the-art
"smart pigs" to identify occurrences of corrosion,
pipewall thinning, dents, cracks and other defects.
p. For production and handling of gas and natural gas liquids
(or any other hazardous material used in production in volumes
sufficiently large to pose a significant risk to public safety),
a quantitative risk analysis shall be prepared as part of the
environmental review. This risk analysis shall be further revised
as needed to reflect reduction of risk based on required mitigation
and any other changes in risk due to changes in factors that
define the risk.
q. A Hazard and Operability Study (HAZOP) shall be prepared
for the production and ancillary facilities.
r. A Safety, Inspection, Maintenance and Quality Assurance Program
(SIMQAP) shall be prepared for construction and operation of
the production and ancillary facilities.
s. The proposed development shall have an adequate water source
consistent with County Land Use Development Policies. Significant
impacts to surface water due to short-term sedimentation of
streams shall be mitigated to insignificance through adequate
erosion and sediment controls, including containment of loose
soil. Additionally, significant impacts to surface and groundwater
due to oil spills shall be mitigated to the maximum extent feasible
through adequate preventative and protective measures, including
containment basins, dikes, and timely remediation of contaminated
soils during operations. Specific mitigation shall be based
on project-specific potential for causing significant impacts.
t. In accordance with CLUP Policy 2-6, the proposed development
shall have adequate public and private services and resources.
u. Adequate setbacks, grading controls, measures to prevent,
contain, and minimize damage from oil and gas liquid spills,
or from fires and explosions, shall be required as necessary
to protect potentially impacted environmentally sensitive habitat
areas. Any areas damaged by spills, fires, or explosions shall
be restored to pre-spill conditions at the expense of the project
operator and owners. In order to provide adequate restoration,
the project operator or owner shall provide the County inventories
of sensitive species and surveys as well as emergency response
and restoration plans for approval by the Planning and Development
Department before commencement of production.
v. Environmentally sensitive resources shall be protected in
accordance with policies in section 3.9 of the Coastal Land
Use Plan. Residual significant impacts shall be offset with
exaction of mitigation fees, paid to the Coastal Resources Enhancement
Fund.
w. Archaeological and historical resources shall be protected
in accordance with Section 3.10 of the Coastal Land Use Plan,
and significant impacts shall be mitigated to the maximum extent
feasible, potentially including the following measures:
i. consider alternative sites and pipeline corridors within
the designated planning area that lessen impacts to archaeological
and historical resources;
ii. as necessary, Phase I, II, and III assessments shall be
conducted at the expense of the applicant;
iii. areas containing resources shall be fenced and appropriately
protected during grading and construction, and the County
shall require monitoring of the site during grading and construction
(including abandonment) by an approved archaeologist and Native
American as applicable;
iv. an educational workshop shall be conducted for construction
workers prior to and during construction as the County deems
necessary for specific projects.
Sec. 35-159. Reserved For Future Use.
Sec. 35-170. Abandonment
of Certain Oil/Gas Land Uses
Sec. 35-170.1. Purpose and Intent.
This section establishes procedures to
achieve the timely abandonment of applicable
land uses, and following such abandonment,
the timely and proper removal of applicable
oil and gas facilities, reclamation
of host sites, and final disposition
of pipelines, in compliance with applicable
laws and permits. Such procedures ensure
appropriate due process in differentiating
idled from abandoned facilities and
protect the vested rights of permittees
while also ensuring that facilities
with no reasonable expectation of restarting
are removed, pursuant to the intent
of enabling development permits. Timely
abandonment provides a public benefit
by avoiding unnecessary delays in remediating
any residual contamination that may
result during operations, and providing
an effective means of mitigating several
significant environmental and socioeconomic
effects, including aesthetics, compatibility
with surrounding land uses, and risk
of default on demolition and reclamation
obligations by the permittee.
Sec. 35-170.2. Applicability.
Section 35-170 shall apply to the following
land uses within the unincorporated
area of the County:
1. All permitted uses defined in
Sections 35-154, 35-155, 35-156, and
35-158 of this Chapter that handle,
or at one time handled, oil, natural
gas, natural gas liquids, produced
water, or waste water that originated
from an offshore reservoir, regardless
of whether these uses were permitted
in accordance with this Chapter or
any preceding ordinance.
2. All marine terminals and oil storage
tanks, regardless of whether these
uses were permitted in accordance
with this Chapter or any preceding
ordinance.
3. All pipeline systems defined in
Section 35-157 that, except for public
utility natural gas transmission
and distribution systems such as
The Gas Company, either transport
or at one time transported oil, natural
gas, produced water, or waste water
that originated from an offshore
reservoir, regardless of whether
these uses were permitted in accordance
with this Chapter or any preceding
zoning ordinance.
4. Unless specifically stated otherwise,
reclamation of sites and corridors
used to support any of the operations
identified in 35-170.2.1, 2 or 3,
above.
Sec. 35-170.3. Requirement to File an
Application.
1. The permittee of a permitted
land use shall submit an application
to the Director for a Demolition & Reclamation
Permit (ref. Sec. 35-170.9 et. seq.)
upon intentional abandonment of a
permitted land use, or a major business
function thereof.
2. The permittee of a permitted land
use shall submit an application to
the Director either to defer abandonment
(ref: Section 35-170.4 et. seq.)
or to obtain a Demolition & Reclamation
Permit (ref: Section 35-170.9 et.
seq.) upon the occurrence of either
of the following:
a. Any event designated in an existing
County permit that would require
consideration of abandonment; or
b. The permitted land use or an
independent business function of
a permitted land use has become
idle.
Sec. 35-170.4. Filing an Application
to Defer Abandonment.
Any permittee subject to the
requirements of Section 35-170.3.2
may file an application to defer
abandonment, which shall be considered
by the Director. The application
shall be filed no later than
90 days after an event specified
in Section 35-170.3.2 has occurred.
Sec. 35-170.5. Contents of Application
to Defer Abandonment.
The application to defer abandonment
shall be in a form and content specified
by the Director and this chapter. Such
applications shall contain the following:
1. Name, address, and contact information
for permittee;
2. Name, address, and general description
of the permitted land use
3. Date when permitted land use first
became idle.
4. Reason for idle status.
5. Status of upstream production facilities,
where applicable.
6. Listing of any facility equipment
that has been identified on a plan
(submitted in satisfaction of a County,
Fire, or APCD permit) and has been
either removed from the site or is
not currently in operational condition.
Include an explanation of the effect
this missing or inoperable equipment
has on the ability to restart operations
and runs all processes. Also explain
measures necessary to bring inoperable
equipment back into operational condition.
7. Plans and schedule to restart operations
and identification of any facility
components that would remain inactive
after restart.
8. Identification of reasonable circumstances
that would hinder restart of operations
according to plan and schedule.
9. Any other information deemed necessary
by the Director.
Sec. 35-170.6. Processing of Application
to Defer Abandonment.
1. The Director shall determine the
completeness of any application and
issue a completeness letter within
30 days of receipt. If the application
is deemed incomplete, the Director
shall specify in detail the deficiencies
in the application.
2. The applicant shall submit information
in response to an incompleteness letter
within 60 days of receipt or, if it
is not practicable to respond within
a 60-day period, shall request an extension,
not to exceed 60 additional days (total
of 120 days to respond), within which
to provide the required information.
3. The Director may choose, at his
or her discretion, to conduct a public
hearing to consider any application
to defer abandonment. The public
shall be given all reasonable opportunity
to review the Director’s recommended
decision no less than ten days prior
to conducting a public hearing on
any application to defer abandonment
in accordance with applicable procedures
specified in Sec. 35-181.
4. The Director shall refer an application
to defer abandonment to the Fire Department
and Air Pollution Control District
for review and comment.
Sec. 35-170.7. Decision on Application
to Defer Abandonment.
1. Decisions for Idle Facilities. The
Director shall grant the application
unless the evidence shows that an idle
facility has no reasonable possibility
of being restarted or the owner has no
intent of restarting the facility within
a reasonable period of time. Notwithstanding
the above, the Director shall approve
the application for any pipeline subject
to the jurisdiction of the Federal Energy
Regulatory Commission if that Commission
has determined that abandonment is not
appropriate. The Director shall consider
all relevant evidence in determining
if a permitted land use has been abandoned,
including whether any of the following
have occurred:
a. The oil and gas leases that have
supplied the permitted land use with
product have terminated.
b. The oil and gas operations that
have supplied the permitted land use
with product have been abandoned.
c. For oil/gas land uses designated
as consolidated facilities and sites
under the zoning code, there are no
other existing offshore leases that
may reasonably be expected to use the
consolidated facility or site in the
next 10 years.
d. Major and essential components of
a land use, or an independent business
function thereof, have been removed
from the site or have fallen into such
disrepair that they are no longer functional.
e. Permits or other entitlements for
the land use, such as permits from
the Air Pollution Control District,
have been surrendered, expired, revoked
or otherwise rendered invalid and no
intent has been demonstrated to renew
or reacquire such permits.
f. The Fire Department has issued an
order requiring abandonment.
g. Any other evidence that shows clear
intent to abandon.
2. Decisions For Consideration
of Abandonment Under Permit Conditions.
The Director shall grant the application
unless:
a. The Director finds under the applicable
permit condition that abandonment
of the permitted land use or independent
business function thereof is required
without further delay, and
b. The permittee no longer has a
vested right to continue operation.
3. The Director’s decision
shall be transmitted by a public
notice pursuant to applicable
provisions of Section 35-181.
4. The Director’s decision may
be appealed to the Planning Commission
within 30 days of noticing such decision.
The Director’s decision
shall be final upon conclusion
with the 30-day appeal period
if no appeals have been filed.
All appeals shall follow procedures
specified in Section 35-182.
Sec. 35-170.8. Deferral Period and Extensions
of Approval to Defer Abandonment.
The Director may approve an abandonment
deferral for a period not to exceed 24
months from the occurrence of an event
defined in Sec. 35-170.3.2.a or b. The
Director may extend this period for one-year
increments upon timely application by
the operator. Applications for extensions
shall be filed 90 days prior to the end
of the approved abandonment-deferral
period and shall contain the information
specified in section 35-170.5, above.
Section 35-170.9. Filing
an Application for a Demolition & Reclamation
Permit.
Any permittee of a permitted land
use that has not filed an application
to defer abandonment pursuant to Section
35-170.4, or who has filed and that
application has been denied, shall
file an application for a Demolition & Reclamation Permit.
The application for a Demolition & Reclamation
Permit shall be filed no later than 180
days after an application to defer abandonment
has been denied and all administrative
appeals have been exhausted. If no application
to defer abandonment has been filed,
an application for a Demolition & Reclamation
Permit shall be filed no later than
180 days after an event in Section
35-170.3.1 or 35-170.3.2 has occurred.
The Director may grant extensions of
time for good cause.
Section 35-170.10. Content
of Application for a Demolition & Reclamation
Permit.
The application for a Demolition & Reclamation
Permit shall contain the following.
1. Name, address, and contact information
for permittee.
2. Name, address, and general description
of the permitted land use.
3. Gross and net acreage and boundaries
of the property.
4. Location of all structures, above
and underground, proposed to be removed.
5. Location of all structures, above
and underground, proposed to remain
in-place.
6. Location of all utilities on the
property.
7. Location of all easements on or
adjacent to the property that may
be affected by demolition or reclamation.
8. To the extent known, the type
and extent of all contamination and
proposed remedial actions to the
level of detail that can be assessed
through environmental review. This
information does not require a new
or modified Phase 2 site assessment
in advance of any such requirement
by the Fire Department or State agencies
with regulatory oversight of site
assessments.
9. Location of areas of geologic,
seismic, flood, and other hazards.
10. Location of areas of prime scenic
quality, habitat resources, archeological
sites, water bodies and significant
existing vegetation.
11. Location and use of all buildings
and structures within 50 feet of
the boundaries of the property.
12. A proposed decommissioning plan
that details the activities involved
in removing structures from the site,
including the following details:
estimated number of workers required
on site to decommission facilities
and structures, disposition of equipment
and structures proposed for decommissioning,
projected method of transporting
equipment, structures, and estimated
debris from the site to the place
of disposition as well as number
of trips required, and an estimated
schedule for decommissioning facilities.
13. A proposed waste-management plan
to maximize recycling and minimize
wastes.
14. Other permit applications as
may be required by the Santa Barbara
County Code to retain any existing
structures, roadways, and other improvements
to the property that were ancillary
to the oil or gas operations and
are proposed to be retained to support
other existing or proposed uses of
the property following abandonment
of the oil and gas operations.
15. A proposed grading and drainage
plan.
16. A proposed plan to convert the
site to natural condition or convert
to other proposed land use, including
a detailed schedule for restoring
the site. In the latter case, include
other applicable permit applications
required, if any, for the proposed
land use.
17. A statement of intent as to the
disposition of utilities that served
the oil and gas operations, including
water, power, sewage disposal, fire
protection, and transportation.
18. Measures proposed to be used
to prevent or reduce nuisance effects,
such as noise, dust, odor, smoke,
fumes, vibration, glare, traffic
congestion, and to prevent danger
to life and property.
19. Any other information deemed
necessary by the Director to address
site-specific factors.
Section 35-170.11. Processing
of Demolition & Reclamation
Permit.
1. The Planning and Development
Department shall process complete
applications for Demolition & Reclamation
Permits through environmental review
after determining such applications
to be complete.
2. The Planning and Development Department
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