HomeMy WebLinkAboutOrdinance #4138 ORDINANCE NO. 4138
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTIONS 15.08.010 AND 15.32.090 THROUGH 15.32.120 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO DEVELOPMENT OF
PROPERTY WITH ABANDONED OIL WELLS, AND AMENDING RELATED
DEFINITIONS IN THE MUNICIPAL CODE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Definition of"Division of Oil and Gas" at Section 15.08.010 of the
Municipal Code is amended to read as follows:
"DOGGR" shall mean the Division of Oil, Gas and Geothermal Resources of the
Department of Conservation of the State of California."
SECTION 2. The Definition of"Properly Abandoned Well'' is deleted from Section
15.08.01.0 of the Municipal Code.
SECTION 3. The phrase "DOGGR" shall replace the phrase "Division of Oil and Gas"
at Municipal Code Sections 15.04.040, 15.04.045, 15.12.020, 15.12.040, 15.12.060, 15.12.170,
15.20.0105 15.20.050, 15.20.100, 15.20.130, 15.20.150, 15.20.160, 15.22.020, 15.24.070,
15.32.010, 15.32.035, 15.32.050, 15.32.090, 15.40.050, and 15.50.020.
SECTION 4. Sections 15.32.090 through 15.32.100 of the Huntington Beach Municipal
Code are amended to read as follows:
"15.32.090 Abandonment Requirements—Development or Redevelopment
A. No building or grading permit may be issued for property upon which there are
any active or abandoned Wells without the approval of the Fire Code Official. To obtain the
approval of the Fire Code Official, the property owner or designee must submit an application to
the Fire Department for review and approval prior to issuance of any building or grading permit.
The Fire Code Official will not approve the application unless:
1. Each Well on the property is abandoned or reabandoned to current DOGGR
standards, except as provided at Subsection(B) belojv;. and,
2. Each Well on the property complies with all Federal, Stae and City laws,
including Fire Department City Specification No. 422, dated June 2017.
B. If DOGGR determines that the Well cannot be abandoned to its current standards,
the Fire Code Official may still authorize issuance of the building and/or grading per-mit for the.
property if the Official finds each of the following for each abandoned Well:
1
SF:16-5481/159051.doc
ORDINANCE NO. 4138
1. The property owner shall obtain, at his sole cost, a report from a California
licensed professional engineer or geologist qualified and experienced with oil well
abandonment. Prior to obtaining the report, the property owner shall obtain
written approval from the Fire Code Official of the engineer or geologist charged
with drafting the report. The engineer's or geologist's report shall advise at a
minimum that:
a. As abandoned, the Well will not pose any significant risk to the public health,
safety or welfare.
b. The Well is a safe distance for any existing or proposed structures or
improvements.
c. Any abandonment or mitigation conditions that should be imposed on the
Well abandonment as conditions of development of the property..
2. The Well owner has constructed and installed any venting plan andlor additional
measures the engineer or geologist recommends to protect the public health,
safety and welfare.
3. The Well complies with Fire Department City Specification No. 422, dated June
2017.
4. The Owner has executed and recorded against the property an environmental
disclosure, release and indemnity agreement providing that the property owner
and his assignees, release, indemnify and hold harmless the City against any and
all claims, obligations, and causes of action of any kind or nature whatsoever,
known or unknown, for personal injury or death, property damage, economic loss,
and fines and penalties. The City Attorney shall approve the form of the
disclosure and indemnity agreement.
C. Existing producing Wells which will remain in service after the completion of the
development or redevelopment of the property are exempt from these requirements.
15.32.100 Abandonment Procedures
The procedures set forth in Huntington Beach City Specification No. 422, dated June
2017 shall be followed throughout the abandonment process. In addition to these requirements,
the responsible party must submit an application to the Fire Department for review and approval
for each well which is to be abandoned. Such application shall contain the date the abandonment
work will commence. Once all necessary permits and approvals have been obtained,
abandonment work may commence on or subsequent to the date so stated.
SECTION 5. Sections 15.32.110 through 15.32.120 of the Huntington Beach Municipal
Code are deleted.
SR 16-5481/159051.doc 2
ORDINANCE NO. 4138
SECTION 6. 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 10�1 day of 2017.
OAL,6aw,J-1 A Aph A
Mayor
ATTEST: Q APPROVED AS TO FORM:
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City Clerk City Attorney n^,V
REVIEW D APPROVED: IN I TED AND PPR0V,_.D:
Plity'NAanager ' Fire Chief
SF:16-5481/15905 Ldoc 3
Ord. No. 4138
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 September 5, 2017, and was again read to said City
Council at a Regular meeting thereof held on September 18,2017, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: O'Connell, Semeta, Delgleize, Hardy, Brenden,
NOES: None
ABSENT: Posey, Peterson
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on September 28,2017.
In accordance with the City Charter of said City.
Robin Estanislau City Clerk City Clerk and ex-officio Clerk
ASeniw Deputy City Clerk of the City Council of the City
of Huntington Beach, California