Chapter 17.37 — OIL AND GAS FACILITIES

This chapter outlines regulations for those onshore and offshore oil and gas facilities that are identified in the General Plan; identifies the types of permits and approvals required for operation, abandonment, and decommissioning of those facilities; provides regulations for the operation of oil and gas facilities; and describes the requirements for modifications or alterations of existing oil and gas facilities, consistent with the General Plan and with the provisions described in Chapter 17.36 , Nonconforming Uses and Structures. (Ord. 20-03 § 6)

Where the City retains permit authority, the regulations of this chapter apply to oil and gas production from onshore and offshore facilities. Unless otherwise allowed pursuant to this chapter, all new oil and gas facilities are prohibited in the City. These regulations must also be applied in accordance with the provisions of Chapter 8.09 of the Goleta Municipal Code regarding any change in owner, operator, or guarantor for certain oil and gas facilities. (Ord. 20-03 § 6)

This section describes oil and gas pipelines that are subject to regulation and provides standards for their location and continued operation.

• A. Applicability. The regulations in this section apply to:

  1. Pipelines that extend outside an oil and gas facility;

  2. Pipelines transporting oil and gas or related content from or to an off-shore facility; and

  3. Facilities related to the pipeline, including in-line pump stations, oil storage, and gas containment.

• B. Major Conditional Use Permit Required. Where allowed pursuant to this Title, approval of a Major Conditional Use Permit is required.

• C. Development Standards. In addition to the applicable standards outlined in Section 17.10.030 , Industrial Districts—Development Regulations, the following development standards apply to oil and gas pipelines:

  1. Location of Pipeline Corridor.

     • a. New Pipelines. No new oil and gas pipelines and storage facilities, except for transmission and distribution facilities of a Public Utilities Commission (PUC) regulated utility, may be approved within the City, unless there is no feasible or less environmentally damaging alternative location for a proposed pipeline.

     • b. Existing Pipelines. Alterations or replacement of existing pipelines or segments of pipelines will be limited to the minimum necessary to ensure safety or prevent environmental damage. Applicants must consult with the Federal Office of Pipeline Safety and/or the PUC as appropriate.

  2. Oil Storage Capacity. Oil storage capacity must be limited to the amount necessary to conduct operations, and no long-term storage is allowed without explicit approval of a Major Conditional Use Permit.

  3. Exterior Color. Permanent and temporary structures and equipment must be painted a neutral color to blend with natural surroundings.

  4. Required Setback. All pipelines must have a minimum setback of at least 25 feet from any building or structure, as measured from each side of the pipeline. The following are exempt from this requirement:

     • a. Corridor-type locations, such as pipelines within roads and highways, other pipelines, bicycle and pedestrian paths, utilities, and appurtenances of corridors located into public rights-of-way;

     • b. Pipeline endpoints and interconnecting pipelines;

     • c. Replacement with a functionally equivalent pipeline;

     • d. Instances where this requirement is pre-empted by State or Federal law; and

     • e. Instances where the City finds the 25-foot setback poses an undue hardship to proposed development, provided that any reduced setback is not less than 15 feet, measured from each side of the pipeline.

5. Survey Required. Except for pipelines exempted from a Coastal Development Permit under the California Coastal Act, specifically, Public Resources Code Section 30610(c) and (e) , as defined by the State Coastal Commission’s Interpretive Guidelines, a survey must be conducted along the route of any pipeline to determine what, if any, coastal resources may be impacted by the construction and operation of a pipeline. The applicant must pay the costs of this survey. The survey may be conducted as part of environmental review as required for a particular project under CEQA.

   6. Undergrounding Pipelines. Permits for new pipeline construction must require burial within an easement corridor at an appropriate depth to avoid exposure due to erosion or other forms of earth movement for the life of the project.

6. Pipeline Marking and Warning. New pipelines or relocation of existing pipelines must include measures to clearly warn the general public and other interested parties about the presence of the pipeline, including proper marking of the road right-of-way with signage and use of brightly colored flagging and/or warning tape approximately one foot above buried pipelines, where feasible.

7. Contingency Plans. In compliance with all applicable Federal and State requirements, an Emergency Response Plan, Fire Protection Plan, Hazardous Materials and Waste Management Plan, Oil Spill Contingency Plan, and Hydrogen Sulfide Incident Plan, and any additional plans required by local law or ordinance must be prepared for the facility. Additional plans (e.g., Flood Control Plan, Pipeline Maintenance Plan, etc.) may be required on a project-by-project basis.

8. Revegetation and Habitat Restoration.

   • a. Submittal of Revegetation and/or Habitat Restoration Plan. The applicant must submit a revegetation plan with all applications to modify, abandon, or change the location of a pipeline. The plan must also include provisions for restoration of sensitive habitats that would be disturbed by construction or operation procedures and a monitoring plan to assess progress in returning the site to pre-construction conditions. The Review Authority must review and approve all revegetation and/or habitat restoration plans prior to commencement of construction.

   • b. Performance Securities. Two performance securities are required for projects in which a Revegetation and/or Habitat Restoration Plan has been prepared pursuant to this chapter.

     • i. An installation security must be provided to the City in an amount sufficient to ensure complete installation of all requirements of the approved Revegetation and/or Habitat Restoration Plan and will be released upon final inspection clearance by City staff for satisfactory completion required revegetation consistent with the Revegetation and/or Habitat Restoration Plan.

     • ii. A maintenance security must be provided to the City in an amount sufficient to provide periodic monitoring. Site monitoring must ensure compliance with the final goals of the Revegetation and/or Habitat Restoration Plan.

• c. Annual Surveys to Assess Effectiveness. For projects where a Revegetation and/or Habitat Restoration Plan has been prepared, the affected pipeline segment must be resurveyed 12 months after construction is completed to assess the effectiveness of the revegetation or restoration program. Subsequent surveys must be completed and submitted to the City compliance monitoring staff on an annual basis to demonstrate progress in returning the site to preconstruction conditions for the length of time stipulated in the Revegetation and/or Habitat Restoration Plan.

10. Abandonment Security. To ensure that abandonment of any new facility is properly carried out, a performance security must be posted by the owner/operator before issuance of any permits in an amount of 125 percent of the estimated cost of obtaining the required permits, implementing abandonment and decommissioning procedures, and restoring the site to pre-facility conditions. The financial surety security will be returned to the owner/operator upon successful abandonment and restoration of the site.

11. Safety Measures Required. Oil and gas operation pipelines that cross fault lines, coastal resources areas, and areas that are susceptible to erosion, sliding, earthquakes, or other geologic events will be subject to additional safety standards, including emergency shut-off or other measures deemed necessary by the City.

12. Repair or Replacement of Existing Pipelines. The repair or replacement of existing underground oil or gas pipelines will not require a permit, provided that each of the

following criteria is met:

  - a. The repair or replacement activities will not take place in, or require access through, an environmentally sensitive habitat area or other sensitive area identified by the City; 

  - b. The repair or replacement will not result in a substantial increase in volume of oil or gas transported through the pipeline; 

  - c. The pipeline, after repair or replacement will comply with all applicable safety and engineering standards established by State and Federal law; 

  - d. The repair or replacement will not significantly expand or alter the area occupied by the existing pipeline; and 

  - e. The ground surface above the pipeline will be restored to its pre-construction condition. Where the ground surface was previously vegetated, the pipeline operator will revegetate the surface within three months of the completion of repair or replacement. 

13. Safety Inspection, Maintenance, and Quality Assurance Program. All new or substantially upgraded gas and oil pipelines shall establish a Safety Inspection, Maintenance, and Quality Assurance Program or similar mechanism to ensure adequate ongoing inspection, maintenance, and other operating procedures. Any such mechanism shall be subject to City approval prior to commencement of pipeline operations and provide for systematic updates as appropriate. Requirements shall be commensurate with the level and anticipated duration of the risk.

ty Inspection, Maintenance, and Quality Assurance Program or similar mechanism to ensure adequate ongoing inspection, maintenance, and other operating procedures. Any such mechanism shall be subject to City approval prior to commencement of pipeline operations and provide for systematic updates as appropriate. Requirements shall be commensurate with the level and anticipated duration of the risk.

• D. Required Findings. In addition to any findings required for the project, new pipeline construction will not be approved unless the applicable Review Authority also makes all of the following required findings:

  1. The use of available or planned common-carrier and multiple-user pipelines is not feasible.

  2. The pipeline will be constructed, operated, and maintained as common-carrier or multipleuser pipelines, unless the applicable review authority determines it is not feasible, taking into account the reasonably foreseeable needs of other potential shippers.

  3. There are no feasible alternative locations or less environmentally damaging alternative locations for the proposed pipeline, as determined through environmental review under the California Environmental Quality Act.

  4. Where the pipeline setback is less than 25 feet, a 25-foot setback poses an undue hardship to proposed development and the reduced setback is not less than 15 feet, measured from each side of the pipeline.

• (Ord. 20-03 § 6)

All abandonment and removal of oil and gas facilities require the approval of a Development Plan by the Planning Commission.

• (Ord. 20-03 § 6)

Any other type of resource extraction from the ground or waters within the City’s jurisdiction that are not explicitly authorized within the Goleta Municipal Code are strictly prohibited, including, but not

limited to, surface mining, reclamation, and new private water wells. (Ord. 20-03 § 6)