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HomeMy WebLinkAboutApprove for Introduction Ordinance No 4266 Amending Chapter 2000 Main Street, Huntington Beach,CA 92648 Cityof Huntington Beach J AP8AZO✓,� �-o L Pos')/- A BSCM7) File #: 22-775 MEETING DATE: 9/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Scott M. Haberle, Fire Chief PREPARED BY: Kevin Justen, Senior Administrative Analyst Subject: Adopt Ordinance No. 4266 amending Chapter 15.32 of the Huntington Beach Municipal Code relating to nonproducing and idle oil wells Approved for introduction 9/6/2022 - Vote: 6-0-1 (Delgleize out of room) Statement of Issue: The City Council is requested to approve for introduction an Ordinance to amend Chapter 15.32 of the Huntington Beach Municipal Code relating to abandoned and idle oil wells. This Ordinance will include requirements that developers must comply with City of Huntington Beach Specification Number 422, which stipulates requirements in the oil well abandonment permit process. This Specification was recently updated to allow development of a parcel without re-abandoning any onsite oil wells as long as the wells remain accessible. Financial Impact: Not applicable. Recommended Action: Adopt Ordinance No. 4266, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 15.32 of the Huntington Beach Municipal Code Relating to Nonproducing and Idle Wells." Alternative Action(s): Do not approve the Ordinance, and direct staff accordingly. Analysis: 15.3Z.100 Proposed Ordinance Number 4266 (Attachment 1) would revise Sections 15.32.090 and 162.a2.4 09- of the Huntington Beach Municipal Code. These sections include oil well abandonment requirements for development or redevelopment of parcels. City of Huntington Beach Page 1 of 2 Printed on 9/14/2022 power` LegistarT" File #: 22-775 MEETING DATE: 9/20/2022 The revision of these sections requires developers to comply with City Specification Number 422. This Specification was recently updated and allows development of a parcel without reabandoning any onsite oil wells, as long as the wells remain accessible. This would encourage developers to not develop over an existing oil well, while allowing access to oil wells in the event that they leak. A Legislative Draft showing the proposed revisions to Huntington Beach Municipal Code Sections 15.32.090 and 100 is shown as Attachment 2. Environmental Status: None. Strategic Plan Goal: Economic Development & Housing Attachment(s): 1. Ordinance No, 4266 2. Legislative Draft HBMC Chapter 15.32 Abandonment Requirements - Development or Redevelopment City of Huntington Beach Page 2 of 2 Printed on 9/14/2022 powerE65:k Legistar- ORDINANCE NO. 4266 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 15.32 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO NONPRODUCING AND IDLE WELLS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 15.32.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 15.32.090 Abandonment Requirements—Development or Redevelopment A. No building or grading permit shall be issued for a parcel upon which there are any active or abandoned oils wells without the approval of the Fire Code Official. To obtain the approved of the Fire Code Official, the property owner or designee, shall demonstrate compliance with the currently approved City Specification 422. B. Existing producing wells that will remain in service after the completion of the development or redevelopment of the property are exempt from these requirements, but shall continue to meet Huntington Beach Oil Code, Huntington Beach Fire Code, and all other applicable State and Federal requirements. SECTION 2. Section 15.32.100 of the Huntington Beach Municipal Code is hereby amended to read as follows: 15.32.100 Abandonment Procedures The procedures set forth in the current approved Huntington Beach City Specification No. 422 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 abandoned. Once all necessary permits and approvals have been obtained, abandonment work may commence on or subsequent to the date so stated. SECTION 3. This ordinance shall become effective 30 days after its adoption. ORDINANCE NO. 4266 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of September , 2022. e *Mayor ATTEST: APPROVED AS TO FORM: 4 , : City Clerk 7ATED y Attorney ill REVIEWED A D AP ROVED: INI AND APPROVED: City Manager Fire Chief 22-11373/289294 2 Ord. No. 4266 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 6,2022, and was again read to said City Council at a Regular meeting thereof held on September 20, 2022, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Peterson, Bolton, Delgleize, Carr, Moser, Kalmick NOES: None ABSENT: Posey 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 29,2022; In accordance with the City Charter of said City. Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California I/G 12,,)LL I7'X�0 fD L 1N1-7t- Luc. 7'4 6 _p 2000 Main Street, ' Huntington Beach, CA 92648 City of Huntington Beach File #: 22-713 MEETING DATE: 9/6/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Scott M. Haberle, Fire Chief PREPARED BY: Kevin Justen, Senior Administrative Analyst Subiect: Approve for introduction Ordinance No. 4266 amending Chapter 15.32 of the Huntington Beach Municipal Code relating to nonproducing and idle oil wells Statement of Issue: The City Council is requested to approve for introduction an Ordinance to amend Chapter 15.32 of the Huntington Beach Municipal Code relating to abandoned and idle oil wells. This Ordinance will include requirements that developers must comply with City of Huntington Beach Specification Number 422, which stipulates requirements in the oil well abandonment permit process. This Specification was recently updated to allow development of a parcel without re-abandoning any onsite oil wells as long as the wells remain accessible. Financial Impact: Not applicable. Recommended Action: Approve for introduction Ordinance No. 4266, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 15.32 of the Huntington Beach Municipal Code Relating to Nonproducing and Idle Wells." Alternative Action(s): Do not approve the Ordinance, and direct staff accordingly. Analysis: Proposed Ordinance Number 4266 (Attachment 1) would revise Sections 15.32.090 and 152.32.100 of the Huntington Beach Municipal Code. These sections include oil well abandonment requirements for development or redevelopment of parcels. The revision of these sections requires developers to comply with City Specification Number 422. City of Huntington Beach Page 1 of 2 Printed on 8/31/2022 powere484 Legistar" File #: 22-713 MEETING DATE: 9/6/2022 This Specification was recently updated and allows development of a parcel without reabandoning any onsite oil wells, as long as the wells remain accessible. This would encourage developers to not develop over an existing oil well, while allowing access to oil wells in the event that they leak. A Legislative Draft showing the proposed revisions to Huntington Beach Municipal Code Sections 15.32.090 and 100 is shown as Attachment 2. Environmental Status: None. Strategic Plan Goal: Economic Development & Housing Attachment(s): 1. Ordinance No. 4266 2. Legislative Draft HBMC Chapter 15.32 Abandonment Requirements - Development or Redevelopment City of Huntington Beach Page 2 of 2 Printed on 8/31/2022 powere 4§LegistarTI LEGISLATIVE DRAFT HBMC CHAPTER 15,32 Chapter 15.32 15.32.090 Abandonment Requirements—Development or Redevelopment A. No building or grading permit may be issued fora pargel preperty 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,�hall demonstrate comnliance with the currenIbLa rn aved City Spy ification No.422. must submit an applieation te the Fire Department feF feview and approval prior-to issuanee of any building of ffading peffflit.The Fire Code Offisial will not approve the applieatieft Hfiless: standards, . standards, eept as B. if DOGGR determines that the Well reannet be abandoned to its euFr-ent the FiFe Code welfare.The PFOPefPf ownef shall obtain,at his sole eest,a report fi-em a Califemia lieensed pr-efessional r-or geologist qualified and experieneed with oil well abandenment. Prior-to ebtaining the r-epe the propeFty owner-shall ebtain wr-ioen approval ftem the Fire Code Official of the engineer-or-geologist eharged with dr-affiog the r-epet4.The engineer's er-geologist's mpeft shall advise at a minimum thatt a. As abandened,the Well will not pose an�,signifieant risk to the public health,safety or- e. Aii),abandonment OF MifigatiOR eendifiens that shetild be imposed en the Well abandenment a 2. The Well owner has eenstr-tieted and installed afty venting p4afl an&ef additional tneaSUMS the b. The Well is a safe distanee for-any existing or proposed stfuetur-es eF impf-eyefnents;' release 3. The Well eempliesw4h Fire DepaAmeat City Speeifleatien Ne. 422,dated hfie 2 unknown,.—M.ity agreement providing that the prepetly ewner-and his assignees,release,indemnify and hold harmless the City against any and all elaims,abligations,and eauses of aetien ef any kind or-nature- whatsoever-,known or , and fines and penalties.The Git�,Mer-ftey shall approve the fem of the diselestir-e and in emffity agieement. BE_. Existing producing Wells which will remain in service after the completion of the development or redevelopment of the property are exempt from these requirements, but shall continue to meg Hunting Beach Oil Code, all other apl)licable State and.Fe galreauirements. 489 15.32.100 Abandonment Procedures The procedures set forth in the current apnove dHuntington Beach City Specification No.422,dated June 2914 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. . Once all necessary permits and approvals have been obtained,abandonment work may continence on or subsequent to the date so stated. 490 9/6/2022 ANT I N G T pOil Code Amend ment C1, Re-Abandonment Requirements Cps y �p�- NT SUPPLEMENTAL COMMUNICATION ate:_ 9AA 2a- �„�..� Re-Abandonment Requirements ' Changes to City Specification #422 Update DOGGR references to Cal- GEM. Oil well roughly 100' from proposed structure Remove redundant language found both in Oil Code and Municipal Code. • Provide an additional option to develop a parcel without re- abandoning onsite oil wells if"rig- access" is provided. Proposed Structure F9 s. ti o Q` 9ycF�UUNTY 1