HomeMy WebLinkAboutOrdinance #2490 N Yo5
ORDINANCE NO. 2490
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING ARTICLE 968, AND ADDING THERETO
NEW ARTICLE 968 ENTITLED, "OIL DISTRICTS"
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Code is hereby repealed.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. The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 968 entitled, "Oil
Districts" to read as follows:
9680. PURPOSE. It is the purpose of this article to es-
tablish categories of oil districts and standards for oil opera-
tions under which present and future oil operations shall be per-
mitted. It is the purpose of oil districts to enable utilization
of land for compatible development of normal commercial, resi-
dential and industrial surface uses as well as the extraction of
hydrocarbon substances from the earth' s subsurface.
It is also the purpose of this article to improve the general
appearance of all oil sites in order to enhance and improve the
scenic beauty and recreational resources of the city, thereby
leading to an increase in property values and the economic develop-
ment of the tourist and recreational industry in this city.
9680.1 . DEFINITIONS. The following words and phrases when-
ever used in this article, shall be construed as defined in this
section unless from the context a different meaning is intended :
(a) Base zone shall mean any zone established in this code
apart from the oil district suffix, which can be combined with
any oil district suffix designated in this article.
(b) Building shall mean a structure having a roof supported
by columns or walls for the housing, shelter or enclosure of
any person or for the storage, shelter or enclosure of any equip-
ment or other materials . Buildings shall include, but not limited
to, offices , storage sheds', barns , warehouses or other storage
structures, but shall not include tanks for holding fluids or any
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structures required for reasons of safety or soundproofing by
either the fire department or the California Division of Oil and
Gas .
( c) Drilling shall mean the digging or boring of a new
well into the earth for the purpose of exploring for, developing
or producing oil, gas or other hydrocarbons , or for the purpose
of injecting water, steam or any other substance into the earth.
( d) New well shall mean a new well bore or well hole es-
tablished at the ground surface. Redrilling from the well bore
or well hole of an existing well which is not abandoned shall
not constitute a new well.
(e) 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; rework, repair, redrilling,
production, processing, extraction, assisted recovery, stimula-
tion, storage or shipping of oil gas or hydrocarbons from the
subsurface of the earth.
(f) oil operation site shall mean the physical location
where an oil operation is conducted.
9680. 2. CREATION OF COMBINED DISTRICTS. Oil districts
created by this article may be combined with other districts
established by the provisions of this code, in which case the
requirements set out in the provisions of all districts so com-
bined shall be applicable.
9680.3. PLAN REQUIRED. All proposed subdivisions, divisions
of land or developments of property located within an oil dis-
trict or on property on which oil operations exist , shall in-
clude a plan for the disposition or treatment of any existing or
proposed oil wells or oil operations located or .to be located
thereon. Such plans shall conform to all applicable provisions
of the Huntington Beach Municipal Code.
The subdivider or developer shall send the plan by certified
mail to the oil operator or lessee for review, comment and approval.
Upon receipt of the oil operator' s or lessee' s approval and/or
comments, the subdivider or developer shall submit the plan and
the approval and/or comments to the Department of Development
Services for review as to municipal code compliance. If such com-
pliance is found, and if the oil operator or lessee has approved
the plan, the plan may be approved by the department.
2.
If the oil operator or lessee does not approve the plan,
and if the Director of the Department of Development Services
and the Fire Chief find the plan in compliance with the munici-
pal code, then the plan and any comments of the oil operator or
lessee shall be transmitted by the director for review to the
Planning Commission or the Board of Zoning Adjustments, as speci-
fied in this code, accompanied by normal entitlement proceedings.
The oil operator or lessee shall be notified by certified mail
at least seven (7) days prior to the review.
Failure to submit and obtain approval of any plan shall
be grounds for disapproval of the proposed subdivision, division
of land or development.
9680.4. CRITERIA FOR APPROVAL OF PLAN. The Planning
Commission or Board of Zoning Adjustments may approve the plan
only if it finds all of the following:
(a) That enough open space has been reserved around the
oil operation site to allow all existing and future equipment
which could reasonably be expected to be used on the site, in-
cluding any setbacks from new development required by the Fire
Chief.
(b) That adequate access from a public street or alley
to all operation sites is provided for portable equipment and
emergency vehicles .
( c) That reasonable expansion of the existing facilities,
if permitted in the oil district, can be accomplished.
(d) That any proposed development includes all provisions
for soundproofing and fire protection required by the Fire Chief.
( e) That screening of oil facilities from any new develop-
ment are included in the plan.
9681. 110" DISTRICTS ESTABLISHED. There is hereby estab-
lished the "0" district. Only the following uses are allowed
in an 110" district :
(a) Any use allowed in the base zone; and
(b) Any oil operation, as defined herein, except drilling,
or any building not otherwise permitted in the base zone.
9681. 1. PORTABLE EQUIPMENT REQUIRED. No person or persons
shall use or cause to be used any equipment in an 110" district
for drilling, redrilling, rework, well servicing or repair ex-
cept portable equipment or such other equipment as may be ap-
3•
i
proved by the fire department. No person or persons using such
equipment or causing such equipment to be so used, shall maintain
or store said equipment in an 110" district upon completion of
the work for which such equipment was used.
9681.2 . MINIMUM SURFACE AREA REQUIRED. No 110" district
shall be established on any site which is not at least twenty-
five (25 ) feet wide and sixty (60) feet long.
9681.3 . INFORMATION REQUIRED. Any person requesting
that an 110" district be established on a property shall submit
the following information to the Planning Commission:
(a) Complete legal description of the property.
(b) Plot plan showing the location of all existing and
proposed oil facilities including, but not limited to, wells,
tanks , dikes , pipelines , heaters and storage sheds. The plan
shall also show the location of accessways from any well to a
public street or alley.
( c) The location of the nearest public road, street, or
alley, and occupied residence or commercial structure within
five hundred (500) feet of each well. The location of all
churches , hospitals, rest homes , schools, preschools, nurseries
and places of public assembly within five hundred (500) of each
well.
9682. 1101" DISTRICTS ESTABLISHED. There is hereby es-
tablished the "01" district. All uses allowed in an 110" district
are allowed in an 1101 " district provided an initial use permit
is first obtained from the Board of Zoning Adjustment pursuant
to the requirements contained in this code. All subsequent simi-
lar uses shall be included in such initial use permit . All uses
prohibited in an 110" district are prohibited in an 1101" dis-
trict except drilling.
9682. 1. MINIMUM SURFACE AREA REQUIRED. No 1101" district
shall be established on any site which is not at least one
hundred (100) feet wide and 150 feet long.
9682.2. DEDICATION REQUIREMENTS. Prior to issuance of
a drilling permit for a new well located on any 1101" parcel
abutting a public street, alley or highway, all real property
shall be dedicated or an irrevocable offer of dedication made
of such real property which city requires for streets , alleys ,
Including access rights and abutters ' rights, drainage, public
utility easements, and other public easements. In addition, all
streets and alleys shall be improved, or an agreement entered into
for such improvement, including curbs, gutters , sidewalks , paving,
4.
street trees, street lights, and street drainage in full com-
pliance with city' s street standards and including access rights
and abutters' rights, drainage, public utility easements , and
other easements.
9682.3 . WAIVER OR REDUCTION OF DEDICATION REQUIREMENTS. An
oil operator may apply for a waiver or reduction of dedication and
improvement requirements from the Department of Development Services
when applying for a drilling permit, and any such waiver or reduc-
tion, when granted, shall apply only to the well or wells speci-
fied in the application.
9682. 4. CRITERIA FOR WAIVER OR REDUCTION OF DEDICATION
REQUIREMENTS. The Board of Zoning Adjustments shall grant or deny
a waiver or reduction of dedication requirements by majority vote,
based on the following criteria:
(a) Estimated period of time that the proposed new well(s)
and related facilities will be in operation.
( b) Degree of intensity of development of surrounding
area.
( c) Effect of the proposed well on vehicular traffic in
the vicinity of the site.
( d) Extent of the proposed oil well operation.
9682.5. HEARING AND APPEAL. The applicant shall receive
at least ten (10) days prior written notice of the hearing con-
ducted before the Board of Zoning Adjustments on the applica-
tion. The hearing shall be held within thirty (30) days of
the filing of the application.
Appeals from decisions of the Board shall be filed pursuant
to provisions contained in Article 981 of this code.
SECTION 3. This ordinance shall take effect thirty days
after adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 1st
day of June , 1981.
ATTEST:
Mayor
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City Clerk
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REVIEWED AND APPROVED : APPROVED AS TO FORM:
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City Administ for City Attorney
INITIATED AND APPROVED:
4
74Drector of ev lopment
Services
6.
Ord. No. 2490
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 member$ 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 18th_ day of May
19 81 , and was again read to said City Council at a regular
meeting thereof held on the 1St day of June 19 81 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
MacAllister. Thomas. Pattinson, Finley, Bailey, Mandic, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
-lone
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia m. Wentworth CITY CLERK of the City Of
Hunting--.P. Beaci; and ex-ottkio Clerk of the City
Counc , io hereby certify that a synopsis of this
ordinance -as been All in the Huntington
Qeach lnaer ^dent on Mo
19 .
in a or ncee Mt�Charter of said City
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City Clerk
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