HomeMy WebLinkAboutOrdinance #3674 ORDINANCE NO. 3674
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 220 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE ENTITLED
OIL PRODUCTION OVERLAY DISTRICT
The City Council of the City of Huntington Beach does hereby or/ain follows:
SECTION 1. g
Chapter 220 of the Huntington Beach Zoning d Subdivision Ordinance
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is hereby amended to read as follows:
Chapter 220J:0''0 �r ducfi" Overlay District
Sections:
220.02 Oil Production Overlay District Established
220.04 Zoning Map Designator and Applicability
220.06 Area Requirements
220.08 Reuse Plan Required
220.10 Criteria for Approv7of a Reuse Plan
220.12 Site Compliance
220.14 Land Use ControVand Development Standards
220.16 Portable Equipment Required
220.18 Application for/Designation
220.20 01 District - Dedication Requirements
220.22 Waiver or Reduction of Dedication Requirements
220.24 Criteria f6r7Waiver of Reduction of Dedication Requirements
220.02 Oil Production Overlay Districts Established
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The Oil Production Overlay District and a subdistrict are established by this chapter as follows:
A. The O District provides areas to accommodate only oil operations with no drilling.
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B. An 01 subdistrict designation provides areas where oil drilling is allowed, subject to a
conditional use permit.
220.04 Zoning Map Designator and Applicability
The zoning map shall show all property affected by adding an "-O" or "-01" to the base district
designator. The provisions in this chapter shall apply in addition to the requirements of any district
with which the O or 01 District is combined. Where conflicts arise, the provisions of this chapter
shall govern.
220.06 Area Requirements �;�� '��'� A
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Ord 3674
O District: The minimum area required to establish an O District is 1,500 square feet, with a
minimum width of 25 feet and a minimum length of 60 feet.
01 District: The minimum area required to establish an Ol District is 15,000 s are feet, with a
minimum width of 100 feet and a minimum length of 150 feet.
220.08 Reuse Plan Required
No land division or development shall occur on land subject to an O or 0' 1 Overlay District unless it
is in accord with a plan for the disposition or treatment of any existing or proposed oil wells or oil
operations within the district that has been approved in writing by the oil operator or lessee and
approved by the Director, and consent of Fire Chief in accord with/gection 220.10.
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 Director and Fire Chief.
A. If the oil operator or lessee has approved the plan, the Fire Chief may recommend the
Director approve the plan upon finding it conforms to all applicable provisions of the
Municipal Code.
B. If the oil operator or lessee does not approve the plan, and if the Director and Fire Chief
find the plan in compliance with the/Municipal Code, then the plan and any comments
of the oil operator or lessee shall be transmitted to the Director. The oil operator or
lessee shall be notified by certified mail at least seven days prior to the review.
Failure to submit and obtain approval of a reuse plan shall be grounds for disapproval of the
proposed subdivision, division of land or development.
220.10 Crite
ria for Approval of a Reuse Plan
The plan may be approved only upon finding that:
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A. Open space has been reserved around the oil operation site to allow for all existing and
future equipment which could reasonably be expected to be used on the site, including
any setbacks frodnew development required by the Fire Chief,
B. Access from a public street or alley to all operation sites is provided for portable
equipment a n&emergency vehicles;
C. Expansion o,f the existing facilities, if permitted in the O District, can be accomplished;
D. Any proposed development includes all provisions for soundproofing and fire
protection/required by the Fire Chief, and
E. Screeni nag of oil facilities from any new development are included in the reuse plan.
F. If located in the coastal zone,the reuse plan is consistent with the certified Local
Coastal Program.
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220.12 Site Compliance
No subdivision or development shall occur on property designated O or 01 unless said property is in
compliance with Title 15, the Uniform Fire Code, and any other applicable Federal, State, County or
local rules or regulations, and approved by the Fire Chief. Site compliance includes, but is not
limited to oil well abandonment and contaminated soil remediation.
220.14 Land Use Controls and Development Standards /
The land use controls and development standards applicable in an O or'�0/1 District shall be as
prescribed by the base zoning district within which it is combined, unless modified by another
overlay district and by the following restrictions.
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A. O District: Any oil operation except drilling is allowed, subject to approval by the Fire
Chief.
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B. 01 District: Drilling and any oil operation are°allowed, subject to approval of a
conditional use permit by the Planning Commission.
220.16 Portable Equipment Required
No person or persons shall use or cause to be used"any equipment in an O District for drilling,
redniling, rework, well servicing or repair except portable equipment or such other equipment as
may be approved by the Fire Department. No person or persons using such equipment or causing
such equipment to be so used, shall maintair�or store said equipment in an O District upon
completion of the work for which such equipment was used.
220.18 Application for Designation
Any person requesting that an O D' trict be established on a property shall submit the following
information to the Director:
A. Complete legal,description of the property.
B. Plot plan showZng 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 locati4 of the nearest public road, street, or alley, and occupied residence or
commercial structure and places of public assembly within 500 feet of each well.
220.20 01 District-Dedication Requirements
Prior to issuance/of a drilling permit for a new well located on any O 1 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 the City requires for streets and 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 improvements, including curbs,
gutters, sidewalks, paving, street trees, street lights, and street drainage in full compliance with the
City's standards. 1�
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220.22 Waiver or Reduction of Dedication Requirements
An oil operator may apply for a waiver or reduction of dedication and impro ment requirements
when applying for a conditional use permit for drilling, and any such waiv r or reduction, when
granted, shall apply only to the well or wells specified in the application.
220.24 Criteria for Modification or Reduction of Dedication Requirements
The Director shall approve, conditionally approve, or deny upon,consent of Fire Chief and Director
of Public Works the request for a waiver or reduction of dedication requirements after considering
the following factors: ;}
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;
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C. Effect of the proposed well on vehicular traffic in the vicinity of the site; and
D. Extent of the proposed oil well operation.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the day of , 2004.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk J
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REVIEWED AND APPROVED: INIT ED AND APP OVED:
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City Administrat or' Director of Planning
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