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HomeMy WebLinkAboutOrdinance #1566 ORDINANCE NO . 1566 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 968 CONCERNING COMBINING OIL DISTRICTS ; ADOPTING A NEW ARTICLE 968; AMENDING SECTION 9700(n) CONCERNING DEFINITIONS; REPEALING SECTION 9710 . 3 CONCERNING NONCON- FORMING OIL OPERATIONS; AND ADOPTING NEW SECTIONS 9710 . 3 , 9710 . 3 . 1, 9710 . 3 . 1 . 1, 9710 . 3 .2 , AND 9710 .3 .3 . The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . Article 968 of the Huntington Beach Ordinance Code is hereby repealed . SECTION 2 . Article 968 of the Huntington Beach Ordinance Code is hereby adopted, to read as follows : ARTICLE 968 COMBINING OIL DISTRICTS S . 968o INTENT AND PURPOSE S . 9681 DEFINITIONS S . 9682 GENERAL PROVISIONS S . 9683 CREATION OF COMBINING OIL DISTRICTS S . 9684 110" COMBINING OIL DISTRICT S . 9685 1101" COMBINING OIL DISTRICT S . 9686 1102" COMBINING OIL DISTRICT S . 9687 ENFORCEMENT 968o INTENT AND PURPOSE . It is the purpose of this article to establish a category of Combining Oil Districts and standards for oil operations under which present and future oil operations shall be permitted in the interests of the health, safety, welfare and well-being of the public . It is the purpose of combining oil districts to make possible the simultaneous utilization of land over producing oil fields for compatible development of normal commercial, residential, institutional and industrial surface uses and the extraction of hydrocarbon substances from the earth' s subsurface . This article is also adopted by the City Council because it finds the following: that oil well structures impair the natural scenic beauty of this city; that the beautification 1. of oil well sites within the city operates to help provide a favorable environment for the development of commercial, residential, institutional and industrial surface uses ; that the city ' s major natural resource is the ocean and the beaches , which have created a significant recreational and tourist industry which promises to grow larger and more important in the future, and that the beautification of oil well sites within the city will operate to help provide a more favorable environment for the development of the recreational and tourist industry; that such beautification will have a significant economic impact upon the city generally and will enhance the values of properties in and near said oil fields , as well as within the city gener- ally; that environmental beautification relates to and will improve the health and well-being of both residents of and visitors to the city . Based upon the above findings , it is the stated intent and purpose of the Council in enacting this article to enhance and improve the natural scenic beauty and recreational resources of the city, thus providing a favorable and improved environment leading to the increase of property values within the city and the economic development of the tourist and recreational industries in the city. 9681 DEFINITIONS . The following words and phrases , whenever used in this article , shall be construed as defined in this section. (a) COMBINING OIL DISTRICT - shall mean any district established by Division 9 of the Huntington Beach Ordinance Code combined with any oil district designated under this article . (b) MINIMUM LAND SURFACE AREA - shall mean the minimum land surface area, including tidelands , which shall consist of contiguous acreage which supports not more than one (1) oil operation site , and with respect to which an oil operator or operators has or have the right to extract oil , gas or other hydrocarbon substances from the subsurface of at least seventy-five percent (75% ) of such minimum land area, including tidelands . (c) OIL OPERATION - shall mean the use or maintenance of any installation, facility or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions : drilling, redrilling, rework and repair, production, processing, extraction, assisted recovery, stimulation, storage or shipping of oil , gas or hydrocarbons from the subsurface of the earth. 2 . (d) OIL OPERATION SITE - shall mean the physical location where oil operation is conducted . (e) PROCESSING - shall mean the use of oil operations for gauging, recycling, compressor repressuring, injection, reinjection, dehydration, stimulation, separation (including but not limited to separation of liquids from gas) , shipping and transportation, and gathering of oil , gas , other hydrocarbon sub- stances, water or any combination thereof. (f) REWORK or REPAIR - shall mean any work carried on within an existing well, including recompletion in the same production zone . 9681 . 1 All other terms used in this article shall be defined as found in Article 233 of the Huntington Beach Ordinance Code as it now exists or may hereafter be amended . 9682 GENERAL PROVISIONS . The following requirements shall apply to all existing and future oil operations , whether located in a combining oil district or not . 9682 . 1 PLAN REQUIRED . All proposed subdivisions , divi- sions of land or developments of property located within a combining oil district or located adjacent to or on property on which oil operations exist , shall include a plan for the disposition or treatment of any existing or proposed future oil wells or oil operations located or to be located thereon . Failure to submit such a plan shall be grounds for disapproval of the proposed subdivision, division of land or development . All such plans submitted shall include a statement from the landowner or developer and lessee or oil operator that they approve of the plan. No building shall receive final inspec- tion for occupancy and no public improvements shall be accepted until the plan for disposition or treatment of oil operations has been carried out and approved by the appropriate persons employed by the City of Huntington Beach . 9682 . 2 OIL WELL MAINTENANCE . Any person operating an oil well within the City of Huntington Beach shall keep the oil operation site on which said well is located free from rubbish, debris, trash, or any other waste material, and shall keep all structures of any type whatsoever located on said operation site painted and maintained in a clean, neat and sanitary condition. 9682 . 3 NOISES PROHIBITED . No oil operator shall operate any oil well or any other installation, facility or structure related to oil production in a manner that would 3 . create a noise or vibration detrimental to the health, safety or welfare of the surrounding neighborhood . 9682. 4 ODORS PROHIBITED. No operator shall operate an oil well in such manner that allows it to emit odors that are , or will be , offensive to the surrounding neighborhood . 9682 . 4 .1 GAS EMISSION OR BURNING PROHIBITED. No operator shall allow any gases to be vented into the atmosphere or to be burned by an open flame unless otherwise provided by law. 9682 . 4 . 2 MINIMUM DISTANCE OF OIL OPERATION SITE . It shall be unlawful for any person to engage in any work whatsoever on an oil operation site, which work is conducted within three hundred (300) feet of a dwelling unit , church, hospital, rest home , school, pre-school nursery, or other place of public assembly, except in the following situations : (a) Where such work consists of minimum maintenance or surveillance on the oil operation site; or (b ) Where such work is conducted between the hours of 7 : 00 a.m. and 9 : 00 p.m. ; or (c) In case of emergency; or (d) Where the work being so conducted is soundproofed and such soundproofing is approved by the Oil Field Superintendent . 9682 . 5 All lights located on oil operation site shall be directed and shielded in such manner so that they do not shine directly on adjacent property or property in the general vicinity of the oil operation site . 9682 . 6 WALL AND GATES REQUIRED . The operator of an oil operation site shall construct a minimum six (6) foot high decorative masonry wall with a gate for access entirely around said oil operation site , except that upon filing an application to the Commission for administrative action, the Commission may approve the use of substitute materials which, for safety reasons , shall be at least as secure as a chain link fence . The Commission may condition such approval . 9682 . 7 LOCKED GATES REQUIRED . The gates to any oil operation site shall be locked with a padlock at all times during which the oil operation site is unattended. 9682 . 7 .1 ACCESS . There shall be no more than one point of access to any oil operation site for each street upon which 4 . said site may front unless an additional access point is approved by the Board of Zoning Adjustments upon application for administrative review. 9682 . 7 . 2 Those oil operators complying with Sections 9682 . 6 and 9682 . 7 need not comply with Section 2373 of the Huntington Beach Ordinance Code, and Sections 9682 .7 and 9682 . 7 . 1 shall prevail over Section 2373 where all three sec- tions may be applicable . 9682 . 8 LANDSCAPING REQUIRED . All front setbacks and exterior side yard setbacks or areas which are created by the placement of the wall required by Section 9682 . 6 shall be landscaped and permanently maintained . All landscaping provided pursuant to Section 9682 . 8 shall be approved by the Board of Zoning Adjustments . 9682 . 8 . 1 AUTOMATIC SPRINKLERS PROVIDED . All landscaping installed on any oil operation site shall be maintained by an automatic sprinkler system or other adequate irrigation system as approved by the Board of Zoning Adjustments upon application for administrative review. 9682 . 9 BURIED PIPELINES . No person or persons shall lay or maintain any pipeline whatsoever leading from any operation site that is not entirely buried beneath the ground surface . 9682 . 10 USE OF POWER MOTORS . All power motors used for oil operations shall be located on the oil operation site when in operation, and muffled in conformance with Section 2375 of the Huntington Beach Ordinance Code . 9683 CREATION OF COMBINING OIL DISTRICTS . Oil dis- tricts created under Sections 9684 and 9685 may be combined with other districts established by the provisions of Division 9 of the Huntington Beach Ordinance Code, in which case the requirements set out in the provisions of all districts so combined shall be applicable . 9684 110" COMBINING OIL DISTRICTS . There is hereby established the "0" District . The following uses , and none other, are allowed in the "0" District : (a) Any use allowed in the Combining Oil District ; and (b ) Any oil operation, as defined herein, except drilling, redrilling or fire flooding. 5 . 9684 . 1 PORTABLE EQUIPMENT REQUIRED . No person or persons shall use or cause to be used any equipment in an "0" District for the uses enumerated in Section 9684 except portable equipment , or such other equipment as may be approved by the Department of Oil Field Control . No person or persons using such equipment , or causing such equipment to be so used, shall maintain or store said equipment in the "0" District upon completion of the work for which said equipment was used . 9685 1101" COMBINING OIL DISTRICT . There is hereby established the "01" District . All uses allowed in the "O,r District are allowed in the "01" District provided an initial use permit is first obtained from the Board of Zoning Adjustments , pursuant to Article 981 of this code . All subsequent uses of like kind shall be included in such initial use permit . All uses not allowed in the 110" District are not allowed in the 1101" District , with the exception of drilling and redrilling. 96.85 . 1 MAXIMUM OIL OPERATION SITE . No person or per- sons shall establish or cause to be established an oil operation site more than three (3 ) acres in size in an "01" District . 9685 . 2 DRILLING ALLOWED ON OIL OPERATION SITE ONLY . No person or persons shall drill or cause to be drilled any oil well except on an oil operation site . 9685 . 3 MINIMUM LAND SURFACE AREA FOR EACH OIL OPER- ATION SITE . No person or persons shall establish or cause to be established in the "01" District more than one (1) oil operation site for any minimum land surface area, as defined in this code . 9685 . 4 ACREAGE REQUIREMENT . The minimum land surface area for any oil operation site in the 1101" District shall consist of no less than twenty-five (25) contiguous acres . 9686 "02" COMBINING OIL DISTRICT . There is hereby established the "02" District . All uses permitted in the 1101" District are allowed in the "02" District provided an initial use permit is first obtained from the Board of Zoning Adjustments , pursuant to Article 981 of this code . All subsequent uses of like kind shall be included in such initial use permit . All uses not allowed in the "01" District are not allowed in the "02" District . 9686 . 1 RESTRICTED AREAS . The "02" District shall be combined only with the Ml or M2 districts . 9686 . 2 MINIMUM LAND SURFACE AREA FOR EACH OIL OPERATION SITE . No person or persons shall establish or maintain, or 6 . cause to be established or maintained more than one (1) oil operation site in the "02" District for any minimum land surface area, including tidelands , as defined in this code . 9686 . 3 DRILLING ALLOWED ON DRILLING OPERATION SITE ONLY. No person or persons shall cause to be drilled any oil well except on an oil operation site . 9686 . 4 ACREAGE REQUIREMENT . The minimum land surface area for any oil operation site in the "02" District shall consist of not less than forty (40) contiguous acres . 9687 ENFORCEMENT . The Oil Field Superintendent of the City of Huntington Beach and his representatives and persons whom he may otherwise designate , shall have the authority to enforce this Article 968 , in addition to the authority granted to him under Chapter 23 of the Huntington Beach Ordinance Code . 9687 . 1 APPEALS . Any decision or determination made by the Oil Field Superintendent or the Director of Building and Safety under the provisions of this article may be appealed to the Board of Zoning Adjustments within ten (10) days after such decision or determination. SECTION 3 . Section 9700(n) of Article 970 is hereby amended to read as follows . The following words , whenever used in this article , shall be construed as defined in this section. (n) NONCONFORMING BUILDING: Any building or structure or portion thereof which does not conform to the provisions of the Huntington Beach Ordinance Code and which lawfully existed at the time the pro- visions with which it does not conform became effective . NONCONFORMING LOT OR PARCEL: Any lot or parcel whose area, width or other dimensions do not con- form to the provisions of the Huntington Beach Ordinance Code and which lawfully existed at the time the provisions with which it does not conform became effective . NONCONFORMING USE : Any use of land, buildings , structures or portions thereof which does not conform to the provisions of the Huntington Beach Ordinance Code and which lawfully existed at the time the provisions with which it does not conform became effective . 7 . SECTION 4 . Section 9710 . 3 of the Huntington Beach Ordinance Code is hereby repealed. SECTION 5 . Sections 9710 . 3 , 9710 .3 . 1 , 9710 .3 .1 .1, 9710 . 3 . 2 and 9710 . 3 .3 are hereby adopted, to read as follows : 9710 . 3 NONCONFORMING OIL OPERATIONS . Nonconforming oil operations existing prior to the effective date of Article 968 , must be made to conform as follows : 9710 . 3 . 1 Existing uses not conforming with Sections 9682 . 6, 9682 . 8, 9682 . 8 .1, and 9682 . 9 shall be made to conform within five (5) years from the effective date of Article 968, except that the Board of Zoning Adjustments , upon application for administrative review filed by the oil operator, may extend the time for a period not to exceed one (1) year upon approval of such application. The Department of Oil Field Control shall submit a written report and recom- mendation to the Board prior to the Board 's action upon such application. No approval shall be given unless the Board finds that the extension of time for conformance of the oil operation site with any one or more of said sections shall not cause the oil operation site to be incompatible with the surrounding area for the period of such extension. Such application may be conditionally approved and the time for conformance may be extended for additional one (1) year periods provided request for each such extension is received before the termination of the preceding one (1) year period . Each such extension may be conditional . 9710 . 3 . 1. 1 Existing uses not conforming with Sections 9682 . 6 , 9682. 8 , 9682 . 8 . 1, and 9682 . 9 shall be made to conform within five (5) years from the effective date of Article 968 except that the Board of Zoning Adjustments , upon application for a use permit filed by the oil operator, may extend the period for conformance of any one or more of said sections for a period of two (2) or more years upon finding that such extension of time with respect to any one or more of such sections shall not make the oil operation site incompatible with the surrounding area for the period of such extension. The Board may condition such use permit . 9710. 3 . 2 Existing uses not conforming with all other provisions of Article 968 except Section 9682 . 1 shall be made to conform within ninety (90) days from the effective date of Article 968 . 9710 .3 . 3 Any nonconforming use failing to comply at the termination of the designated amortization period is hereby 8 . declared and deemed to be a public nuisance and may be abated as such by appropriate civil or criminal action. SECTION 6 . REPEALS . All provisions and sections in conflict with this ordinance are hereby repealed; provided, however, that any such repeal shall not affect or prevent the prosecution and punishment of any person, firm or cor- poration for any act done or committed prior to the effect- ive date hereof in violation of the provisions which are repealed hereby. SECTION 7 . The provisions of this ordinance , insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter, shall be construed as restatements and con- tinuations and not as new enactments . SECTION 8 . If any section, subdivision, sentence, clause, phrase, or portion of this ordinance , or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons . The City Council hereby declares that it would have adopted this ordinance and each subsection, sub- division, sentence, clause, phrase or portion thereof, irres- pective of the fact that any one or more sections , subdivisions , sentences , clauses , phrases or portions or the application thereof to any person be declared invalid or unconstitutional . SECTION 9 . The termination or suspension (by repeal or whatever means effected) of any city law, whether such law was enacted prior to or shall be enacted after the effective date f this ordinance does not : a o , (a) Constitute a bar to prosecution and punishment of any person for a violation of such law committed prior to such termination or suspension; or (b) Constitute a bar to the commencement by city of any 9 . civil action or proceeding to enforce, maintain, protect or prosecute any civil right or remedy (whether at law or in equity) of city arising from such law, prior to and existing at the time of such termination or suspension; or (c) Affect the validity of any bond or cash deposit posted pursuant to such law and prior to such termination or suspension; or d Constitute a bar to collection or waiver of an license fee or penalty required by law, and due and unpaid prior to such termination or suspension. SECTION 10 . This ordinance shall take effect thirty days from its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days of its adoption in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of April 1970 . Mayor ATTEST: Zty C APPROVED AS TO FORM: City At rney 3/3/1970 - mw 10 . Ord. N,o. 1566 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and- ex- officio Clerk of the City Council of the said City , do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 6th day of April, 1970 and was again read to said City Council at a regular meeting thereof held on the 20th day of April , 1970 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, McCracken, Green NOES: Councilmen: None ABSENT: Councilmen: Kaufman , Matney,, Coen �Gtcc� City Clerk an ex-officio Clerk of the City Council of the City PAUL C. JONES, CITY CLERK of the City of of Huntington Beach, California Huntington Beach and ex•officio Clerk of the City Council, do hereby certify that this ordinance has been ublishec�,in the Huntington Beach New on . ............... i B - In ones With the Cit Charter of said City. 4r}: - ........... .. City Clerk , : peputy City Clerk I