HomeMy WebLinkAboutOrdinance #2708 ORDINANCE NO. 2708
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING SECTIONS 15. 08. 220 , 15.08.250,
15.12.110, 15. 12.120, 15. 12 .180 , 15. 20.160,
15.22.050 , 15. 22. 060, 15. 24. 050 , 15. 24. 060 , AND
15.32.040; AND ADDING NEW SECTIONS 15. 08.215,
15.20.135, 15. 20.16.5, 15. 20. 320, 15. 24. 080, AND
15.32.085, ALL PERTAINING TO THE HUNTINGTON BEACH
OIL CODE
The City Council of the City of Huntington Beach does ordain
as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by amending sections 15. 08. 220, 15. 08.250 , 15.12.110,
15.12. 120 , 15.12.180, 15. 20.160, 15. 22.050, 15.22.060, 15. 24. 050,
15. 24. 060 and 15.32. 040 to read as follows:
15. 08. 220 New well. "New well" shall mean a new well bore or
well hole established at the ground surface and shall not include
redrilling or reworking of an existing well. An abandoned well
shall be considered a new well for purposes of drilling, redril-
ling, or reworking.
15.08. 250 Oil operation site. "Oil operation site" shall
mean the physical location where oil operations are conducted ex-
cept for any portion of the property which the surface owner is
actively using for another purpose.
5. 12.110 Permit procedure. A use permit from the board of
zoning adjustments must be obtained prior to application for a
drilling or activation permit. The application for a drilling,
reworking , or activation permit shall be obtained from and filed
with the department. Said application shall contain the following
required information:
(a) The complete legal description of the ro ert ;
p P Y
(b) Plans and engineering specifications of structures, dril-
ling derricks, drilling masts, tank and high-pressure systems
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regulated by this code. Applicant need not file plans and engi-
neering specifications of standard derricks, masts and tanks when
j such standard plans and specifications are already on file and
approved by the department;
(c) A plot plan showing the location of all oil facilities on
the oil operation site including, but not limited to, wells,
tanks, dikes, pipelines, heaters and storage sheds;
(d) The location of the nearest public road or alley, occu-
pied residences and commercial structures within five hundred
(500) feet of the well; also the location of all churches, hospi-
tals, rest homes, schools, preschools, nurseries and places of
public assembly within five hundred (500) feet of the well;
(e) A corporate surety bond in conformity with the provisions
of this title;
(f) A landscape plan which meets the requirements of this
title. Exemption: reworking permits and wells which are not in
developed areas, as defined in this code, shall be exempt from
this requirement.
(g) A statement signed by the applicant under penalty of per-
jury declaring that he is duly authorized on behalf of the opera-
tor to sign and file the application, and that the information
contained in the application is true and correct.
(h) The permit application form shall contain, in bold face
type, the following statement:
NOTICE
Any decision by the city on this application may
be appealed to the city planning commission and
to the city council by the applicant, or by any
interested person pursuant to the appeal proce-
dure contained in Huntington Beach Municipal Code
section 15. 12.180.
(i) The planning commission or the city council shall ap-
prove, disapprove, modify or delete any matter pending before such
body.
15. 12.120 Permit utilization No permit issued hereunder
shall be valid unless utilization of the privileges granted there-
by shall be commenced within 120 days from and after the date of
issuance of the permit, or if after commencement, such activity
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is suspended or abandoned at any time for a period of 120 days.
If no work has commenced and the 120-day commencement period
has not expired, the permittee may request, in writing an exten-
sion of 120 days, or a refund of 50 percent of the fees paid. No
refund shall be allowed once a 120-day extension has been granted.
15.12.180 Appeals. Any decision of the board of zoning ad-
justments or any decision of the fire chief to revoke a drilling,
reworking, activation or annual renewal inspection permit, or any
determination that a well or equipment is idle may, within thirty
(30) days of such decision, be appealed with the planning commis-
sion in accordance with the provisions of Huntington Beach
Ordinance Code Article 981, except that no public hearings shall
be required on any such appeal.
(a) Upon such appeal, the planning commission shall have and
exercise the power to hear and determine appeals where it is al-
leged there is error or abuse of discretion by imposition of con-
ditions of approval, revocation of any permits issued hereunder ,
or determination of the existence of an idle well.
(b) All such appeals shall be in writing and shall be filed
in triplicate in the department of development services. The
grounds for appeal must be set forth specifically and the error
described by the appellant. The following procedure shall apply
to any appeal:
(i) Within ten (10) days from and after the filing of
the appeal, the director of development services shall transmit to
the planning commission all papers involved in the proceedings and
two (2) copies of the appeal. In addition, the director of devel-
opment services shall make and transmit to the planning commission
such supplementary reports as he or the appellant may deem neces-
sary to present the facts and circumstances of the case. Copies
shall be mailed to the appellant ten (10) days prior to the hear-
ing. These papers shall constitute the record of the appeal.
(ii) Upon receipt of the record of appeal, the director
of development services shall set the matter for hearing and give
notice by mail of the time , place and purpose thereof to appel-
lant, and any other party who has requested in writing to be so
notified. No other notice need be given.
(iii) Upon the date for the hearing the planning commis-
sion shall hear the appeal unless, for cause, the planning commis-
sion shall on that date continue the matter . No notice of contin-
uance need be given if the order therefor is announced at the time
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for which the hearing is set. The planning commission may sus-
tain, overrule or modify the action of the board of zoning adjust-
ments or the fire chief, and such action shall be final unless
appealed to the city council, pursuant to the procedures contained
in Huntington Beach Ordinance Code Article 988 and this section,
except that no public hearings shall be required.
(iv) A written request for hearing by the city council
from any decision of the planning commission shall be filed with
the city clerk who shall place the matter on the next regular
council agenda occurring not less than ten (10) days after receipt
of such written request. The city clerk shall notify permittee/-
appellant of the date of such meeting at least ten (10) days prior
thereto unless permittee/appellant stipulates to a shorter notice
period. At the time set for hearing , the city council shall re-
view the record, and after due consideration thereof, together
with any relevant testimony and evidence from the permittee/appel-
lant, interested parties, and city staff, may sustain, overrule or
modify the decision of the planning commission. The action of the
city council shall be final.
15.20. 160 Fences. All oil operation sites, oil heaters and
tanks, and idle wells shall be completely enclosed by a chain link
fence, masonry wall, or other approved fencing material according
to city requirements in combination with all applicable state di-
vision of oil and gas requirements :
(a) All chain link fence enclosures shall have a minimum
height of six (6) feet;
(b) There shall be at least one gated opening for access,
placed in a nonhazardous position and said gate (s) shall be kept
locked at all times while left unattended by a watchman or ser-
viceman;
(c) There shall be no opening below the fence greater than
four (4) inches;
(d) Support posts shall be set in concrete and shall be im-
bedded into the ground to a depth sufficient to maintain the sta-
bility of the fence as approved by the building division, but in
no event less than twelve (12) inches;
(e) Fencing constructed of individual chain link panels shall
be securely latched, pinned or hinged to prevent unauthorized per-
sons from gaining access to such operation or drilling site;
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(f) Chain link fabric shall be eleven (11) gauge galvanized
steel and may be coated with vinyl or plastic material.
(g) Posts and rails shall be standard galvanized, welded
pipe. Fences constructed after January 1, 1984 shall use pipe of
the following outside diameters:
End posts: 2 3/8
Line posts: 1 7/8
Top and bottom rails: 1 3/8
Movable panels around wells shall use 1/38 inch galvanized
welded pipe for all frame members.
(h) All pipe and other ferrous parts, except chain link fab-
ric, shall be galvanized inside and outside.
(i) Tension rods shall be three-eighths (3/8) inch round
steel bolt stock. Adjustable tighteners shall be turnbuckle or
equivalent having a six (6) inch minimum take-up. Tension bars
shall have a minimum thickness of 1/4 x 3/4 inch.
15. 22.050 Landscaping--Minimum area. The minimum area re-
quired to be landscaped at an oil operation site shall be the
front and exterior side yard setbacks for the district. Any area
enclosed by a fence meeting the requiremens of this title shall be
excluded from the minimum area to be landscaped.
15. 22. 060 Landscaping--Minimum requirements. The minimum
number of trees and shrubs per square foot shall be as follows:
Square footage of
minimum landscape Minimum trees Minimum shrubs
0-149 1 3
150-249 2 6
250-349 3 9
350-449 4 12
450-549 5 15
550-649 6 18
650-749 7 21
750-849 8 24
850-949 9 27
950-1499 10 30
1500-1999 12 36
2000 - as determined by the director of development services
The director of development services may reduce the number of
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trees and shrubs if, in his opinion, the topography, configuration
or existing vegetation on a site warrants such reduction.
Trees shall be at least fifteen (15) gallon size, and shrubs
shall be at least five (5) gallon size. Minimum landscaping shall
also include suitable ground cover . An automatic irrigation sys-
tem may be required by the fire chief when it is necessary to sus-
tain and promote healthy plant life.
The following plants are acceptable for use in landscaping,
provided, however , that the director of development services may
approve other plants which he finds adaptable to the particular
site and provide effective screening of the oil operation:
TREES : Eucalyptus Camaldulensis (Red River gum) ; Eucalyptus
Sideroxylon (Red Iron bark) ; Metrosideros Tomentosa (New Zealand
Christmas tree) ; Myoporum Laetum (Myoporum tree) .
SHRUBS : Nerium Oleander (oleander) ; Escallonia Fradesi (Pink
Princess) ; Metrosideros Tomentosa (New Zealand Christmas tree---
bush form) ; Myoporum Laetum (Myoporum--bush form) ; Photinia
Fraseri (Red Leaf Photinia) ; Raphiolepis Indica Springtime (Pink
Indian hawthorn) ; Carissa Grandiflora (natal plum) ; Moraea
Irioidies (fortnight lily) ; hemerocallis hybrids (day lily) ;
Agapanthus Africanus (Lily of the Nile) ; Liriope Gigantea (turf
lily) .
GROUND COVER: Mesembryanthemum (ice plant) ; Osteospermum;
Fruticosum (African daisy) ; Gazania Splendens (Gazania) ; Hedera
Helix Hahnil (needle point ivy) .
When feasible, all plant holes shall be twice normal size, and
the planting medium shall be of good quality, imported soil. All
landscaping shall be maintained in a neat, healthy condition.
Dead vegetation and litter shall not be allowed to gather .
The replacement of dead trees and other vegetation shall be made
in conformance with the approved plan within thirty (30) days of
written notice.
15. 24.050 Freedom from debris. All property on which an oil
operation site is located, and the area immediately adjacent
thereto and under the control of the oil operator , shall at all
times be kept free of (a) debris; (b) pools of oil , water or
other liquids; (c) weeds; (d) brush; (e) trash, or other waste
material.
15. 24. 060 Painting . All production equipment on the oil op-
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eration site shall be kept painted and maintained at all times,
including pumping units , storage tanks, heaters, and buildings or
structures. When requiring painting of such facilities, the fire
chief shall consider the deterioration of the quality of the ma-
terial of which such facility or structure is constructed, the
degree of rust, and its appearance. Paint shall be of a neutral
color , compatible with surrounding uses. Neutral colors shall
include sand, grey and unobtrusive shades of green, blue and
brown, or other colors approved by the chief. All production
equipment shall be painted a neutral color , as defined herein,
within six (6) months after the adoption of this chapter .
EXCEPTIONS : The color requirements of this section shall not
apply where there are continuing and ongoing multiple drilling
operations which (a) do not have public access; (b) are not ad-
jacent to existing residential property or property that is gener-
ally planned or zoned for residential use; and (c) are screened
from public view.
15. 32 .040 Nonproducing oil wells. Whenever any oil well,
conforming with the provisions of the Huntington Beach Ordinance
Code fails to produce at the quarterly rate of twenty (20) barrels
of crude oil or other hydrocarbon substances or at a quarterly
rate of one hundred thousand (100,000) cubic feet of gas for sale,
lease use or storage for two (2) successive calendar quarters,
such well shall be classified as "nonproducing. " Such nonpro-
ducing well, when located on a multiple well site, shall be main-
tained in accordance with the provisions of this title.
When such nonproducing well is not located on a multiple well
site, the chief shall notify the operator that the well has been
classified as nonproducing and, in the event the well is not reac-
tivated within six (6) months of the date it first became nonpro-
ducing , a hearing will be initiated before the planning commission
to show cause by the "0" zoning classification on the oil produc-
tion site should not be removed. The state division of oil and
gas shall be notified of such hearing. In the event the "0"
zoning is removed, the well shall thereafter be an "idle" well and
subject to the requirements for such wells as set forth below.
Whenever any oil well, which is nonconforming under the provi-
sions of the Huntington Beach Ordinance Code, fails to produce at
a quarterly rate of twenty (20) barrels of crude oil or other hy-
drocarbon substances or at a quarterly rate of one hundred thou-
sand (100,000) cubic feet of gas for sale, lease use or storage
for two (2) successive calendar quarters, such well shall be clas-
sified as "nonproducing. " When any such well has become nonpro-
ducing , the chief shall notify the operator that the well has been
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so classified and give notice that said well will become an "idle"
well thirty (30) days from the date of such notice unless the op-
erator , within that thirty (30) day period, shows cause why the
well should not be classified an "idle" well.
In the event the operator fails to show cause why the well
should not be classified an "idle" well, such well shall be so
classified and any nonconforming rights to continue or reactivate
such oil operation shall cease. Documentation that the well is an
injection well or is part of a unit operation involved in an en-
hanced recovery project shall be considered acceptable for not
classifying a well "idle. "
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by adding thereto sections 15. 08.215, 15.20.135,
15. 20. 165, 15.20. 320, 15. 24. 080, and 15. 32.085 to read as follows:
15.08. 215 Multiple well site "Multiple well site" shall mean
two or more wells within a fenced surface area primarily used for
the drilling and production of oil. Where two wells are separated
by a developable parcel they will be considered separate sites
unless both are enclosed by the same perimeter fence.
15.20 .135 Belt guards required. Belt guards shall be re-
quired on oil pumping equipment when determined by the fire chief
to be hazardous. Guarding shall be as required by Title 8 of the
California Administrative Code, Subchapter 14 , section 6622.
15. 20. 165 Temporary fences. Except for- pulling rigs, all
temporary and/or portable oil equipment shall be enclosed for the
duration of the operation with temporary fencing to meet the stan-
dards contained in this chapter , except for support posts which
need not be anchored in more than two locations.
15. 20 .320 Plot plan of pipeline locations. Within six (6)
months after adoption of this chapter , each operator shall submit
to the department a plot plan indicating the approximate location
of all active onshore pipelines used in his operation which are
located off the leasehold, including wastewater , and trunk and
gathering lines to transport crude oil or petroleum products.
15. 24 .080 Performance of maintenance and repair . Maintenance
and repair of oil operation equipment and sites shall be performed
in a timely and workmanlike manner after notice.
15.32.085 Abandonment. The operator of any well that has
been declared idle shall abandon said well within six months of
receiving an order from the fire chief to abandon, with the
concurrence of the state division of oil and gas.
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Section 3 . This ordinance shall take effect thirty days after
its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th day
of November , 1984.
ayo
ATTEST: APPROVED AS TO FORM:
�y� r
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
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O
City Administrator Director o Development
Services
10/12/84
0242L
9.
Ord. No. 2708
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 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 15th day of October
19 84 , and was again read to said City Council at a regular
meeting thereof held on the 5th day of November 19 84 , 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, Kelly, Finley, Bailey
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
NOT VOTING: Thomas
ABSTAIN: Mandic '
City Clerk and �ex-of�ficio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the City at
Huntington Beach and ex•officio Clerk of the City
Council, do hereby certity that a synopsis of this
ordinance has teen published in the Huntington
Beach independent on
�� `� 6p
In accordar�cc with the City Chailer of said City.
ALICIA M. WENTWORTH
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D"x tY City Clerk