Article III — SPECIFIC COASTAL DEVELOPMENT AND RESOURCE

STANDARDS

SEC. 17-30. PURPOSE.

(A) (1) The purpose of this article is to provide specific standards designed to protect, maintain, and enhance coastal resources, consistent with the policies of the Oxnard coastal land use plan.

(2) The standards identified in this article are organized under the following resource categories:

  (a)  Habitat areas, including but not limited to, wetlands, estuaries, streams, riparian habitats, lakes, and portions of open coastal waters;

  (b)  Diking, dredging, filling, and shoreline structures;

  (c)  Visual resources;

  (d)  Hazards, including significant geologic, seismic, beach erosion, storm wave run-up, and flooding;

  (e)  Service inventories relating to service capacities, and their allocation on a priority basis;

    (f)  Development and its impact on cultural resources;

  (g)  Industrial and energy development relating to exploration and production of oil and natural gas resources;

  (h)  Coastal access and recreation, to assure opportunities for public access to the Pacific Ocean and related recreational uses; and

    (i)  Housing, including demolition, conversion or replacement, and preservation of sound and safe housing.

(`64 Code, Sec. 37-3.0.0)

(B) All development within the Oxnard Coastal Zone shall comply with the provisions of this article.

(`64 Code, Sec. 37-3.0.1)

(Ord. No. 2034, 2716)

SEC. 17-31. HABITAT AREAS.

(A) Purpose - The purpose of this section is to provide standards designed to protect and where possible restore Oxnard's environmentally sensitive habitat areas which include, but are not limited to: wetlands, estuaries, streams, riparian habitats, lakes and portions of open coastal waters. Moreover, the water quality of the coastal zone containing these habitat areas shall be maintained and, where feasible, restored in a manner consistent with the standards contained in this section, other general and specific coastal development and resource standards contained in this chapter, as well as all applicable provisions and policies of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-3.1.1)

(B) Applicability and specific standards - All development within the Oxnard Coastal Zone which is in, adjacent to, or has an effect upon, an environmentally sensitive habitat area shall comply with the provisions of this section. Refer to Policy Nos. 6, a, c, d, e, and f, and 10 a-g of the Oxnard coastal land use plan for specific standards.

(`64 Code, Sec. 37-3.1.2)

(Ord. No. 2034, 2716)

SEC. 17-32. DIKING, DREDGING, FILLING, AND SHORELINE STRUCTURES.

(A) Purpose - The purpose of this section is to provide standards regarding diking, dredging, filling, shoreline structure, and restoration activities within Oxnard's Coastal Zone, in a manner consistent with the standards contained in this section, other general and specific coastal development and resource standards contained in this chapter, as well as all applicable provisions and policies of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-3.2.1)

(B) Applicability and specific standards - All development and restoration projects located within, adjacent to, or having a direct affect upon Oxnard's Coastal Zone, shall comply with all provisions of this section. Furthermore, diking and filling shall be limited to uses consistent with the provisions of article II (Coastal sub-zones) and shall be permitted only when no other less environmentally damaging alternative exists, and where feasible mitigation measures have been provided to minimize adverse environmental impacts. Specific standards are contained in Policy Nos. 11, 12, 13 of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-3.2.2)

(Ord. No. 2034, 2124, 2716)

SEC. 17-33. VISUAL RESOURCES.

(A) Purpose - The purpose of this section is to provide standards to ensure that the scenic and visual qualities of Oxnard's Coastal Zone are considered and protected as a resource of public importance, in a manner consistent with the standards contained in this section and other general and specific coastal development and resource standards contained in this chapter, as well as all applicable provisions and policies and the Oxnard coastal land use plan.

(`64 Code, Sec. 37-3.3.1)

(B) Applicability and specific standards - All new development in Oxnard’s Coastal Zone shall be designed to protect views to and along the ocean and scenic coastal areas. Specific standards are contained in Policy Nos. 37 and 38 of the Oxnard coastal land use plan as well as those contained in the Channel Islands Harbor Resubmittal.

(`64 Code, Sec. 37-3.3.2)

(Ord. No. 2034, 2095, 2124, 2716)

SEC. 17-34. WETLAND RESTORATION PLAN.

(A) The purpose of these procedures is to provide regulations for the development, content, review and approval of a required wetland restoration plan in conjunction with permitted wetland fills.

(B) These procedures shall apply to all wetland restoration as required by Policy Nos. 11, 12, and 6a-e of the Oxnard coastal land use plan.

(1) Whenever wetland restoration is required by the Oxnard coastal land use plan, a tentative wetland restoration plan shall be submitted to the development

services department along with the required permit application for the related wetland fill. The development services department shall not accept the tentative restoration plan for review if the plan does not comply with the form, information analysis, and other requirements for the content of a tentative restoration plan.

(2) The restoration plan shall include a detailed description that includes provisions for restoration to at least the minimum required standards of the Oxnard coastal

land use plan and permanent protection of the restoration area. The restoration plan shall also include a description of how the restoration project will provide equal or greater biological productivity in the area to be filled.

  (a) A complete inventory and assessment of plant, fish and wildlife habitat values which would be affected by the filling, including:

(i) Any changes in plant and animal natural species diversity abundance, any composition and an assessment of how, if at all, these affect the long-term stability of the ecosystem (i.e., natural species, diversity, abundance and composition are generally unchanged as a result of the project);

        (ii) Any impacts to rare or endangered species or their habitat;

         (iii) Any impacts to a species or habitat essential to the natural biological functioning of the wetland or the estuary ecosystem; and

      (iv) Any significant reduction to consumptive values, such as fishing, hunting, clamming, or nonconsumptive values, such as water quality and research

opportunity values of the wetland or estuary ecosystem.

  (b) A clear statement of the habitat restoration and management proposed, including how their plan will compensate for the habitat damage described in the

resource inventory section in conformance with the required standards and to include development of specific biological criteria for the restoration site and design.

  (c) A recommended restoration site and project design, including maps at a scale no greater than one inch = 200 feet.

  (d) A preliminary proposal for the long-term management of the restoration project.

(3)  Restoration shall occur simultaneously with project construction and be completed prior to commencement of operation of the proposed project.

(4) The commission shall review the tentative restoration plan in conjunction with the required coastal development permit.

(5) The applicant shall prepare a final restoration plan based on the city's approved or conditionally approved tentative restoration plan. In addition, the final plan

shall include all of the following:

  (a) A complete statement of the restoration objectives.

  (b) A complete description of the restoration site including a map of the project site, at a mapping scale no smaller than one inch = 200 feet.

  (c) A complete restoration description including scaled, detailed diagrams, and including:

       (i) A grading plan depicting any alterations to topography, natural landforms, and drainage channels and areas where existing fill and debris will be removed;

        (ii) A vegetation plan including a list of plant species to be eliminated and a list of plant species to be introduced on the restoration site, and describing the

methods and proposing a schedule for eliminating and establishing vegetation;

         (iii) A clear statement of when restoration work will commence and be completed;

(iv) Provisions of public access, where appropriate, for public recreation, scientific, and educational use; and

     (v)  Other measures necessary to achieve restoration objectives and to protect the restoration site from adverse impacts of adjacent development and use.

      (vi)  Provisions for mosquito and vector control.

(vii) Provisions for long-term management of the restoration site. The final plan shall describe the applicant's responsibilities in assuring that the project will be successful, including monitoring and evaluation, and that the restored area is maintained consistent with the plan's restoration objectives.

       (viii)  Provisions for making repairs or modifications to the restoration site necessary to meet the project objectives. The final plan shall provide either that the

restoration site shall be owned in fee by an agency or nonprofit organization having among its principal purposes the conservation and management of fish and wildlife, or other habitat resources, or shall provide for dedication of an open space or conservation easement over the restoration area to such an agency or organization.

(6)  Review and approval of final restoration plan:

  (a)  Following staff review of the final restoration plan for conformance with the approved or conditionally approved tentative restoration plan, the director shall

determine if the final restoration plan is in substantial conformance with the approved tentative plan.

  (b) The director shall give notice of final restoration plan submittal in accordance with the requirements of section17-58.

  (c) The director's determination that the final restoration plan is in substantial conformance with the approved tentative plan, may be appealed pursuant to the

appeals procedures of section 17-58.

(`64 Code, Sec. 37-3.3.3)

(Ord. No. 2034, 2095, 2124, 2716)

SEC. 17-35. HAZARDS.

(A) Purpose - The purpose of this section is to provide standards to minimize risks to life and property in areas of high geologic, seismic, beach erosion, storm wave run-up and flood hazards in a manner consistent with the standards contained in this section and other general and specific coastal development and resource standards contained in this chapter, as well as all applicable provisions and policies of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-3.4.1)

(B) Applicability and specific standards -

(1)  All development shall ensure stability and structural integrity and neither create nor contribute significantly to erosion, geologic instability or destruction of the

site or surrounding area or in any way require the construction of protective devices that would substantially alter natural land forms along the coast.

(2)  Specific standards are contained in Policy Nos. 39 and 40 of the Oxnard coastal land useplan.

(`64 Code, Sec. 37-3.4.2)

(Ord. No. 2034, 2716)

SEC. 17-36. SERVICE INVENTORIES.

(A) Purpose - The purpose of this section is to provide standards to ensure that the city's limited service capacities are conserved and allocated on a priority basis giving the highest value to coastal dependent land uses in a manner consistent with the standards contained in this section and other general and specific coastal development and resource standards contained in this chapter, as well as all applicable provisions and policies of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-3.5.1)

(B) Applicability and specific standards - All new development shall be based upon the prioritization of service allocation in the Oxnard Coastal Zone and be reviewed in terms of coastal dependency consistent with the priorities of the Oxnard local coastal program. Specific standards are contained in Policy Nos. 41, 42 and 44 of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-3.5.2)

(Ord. No. 2034, 2716)

SEC. 17-37. CULTURAL RESOURCES.

(A) Purpose - The purpose of this section is to provide standards designed to avoid or minimize the impact of new development upon a cultural resource within the coastal zone in a manner consistent with the standards contained in this section and other general and specific coastal development, and resources standards contained in this chapter, as well as all applicable provisions and policies of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-3.6.1)

(B) Applicability and specific standards - All new development shall be designed and constructed to avoid destruction of coastal resources consistent with the standards of this chapter. Specific standards are contained in Policy No. 48 of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-3.6.2)

(Ord. No. 2034, 2716)

SEC. 17-38. OIL/ENERGY RECOVERY.

(A) Purpose - The Oxnard Coastal Zone exhibits significant potential for exploration for and production of oil and gas resources. The purpose of this section is to provide minimum operational standards to assure compatibility of oil and gas development with valuable coastal resources which include, but are not limited to, recreation and scenic resources, environmentally sensitive habitat areas and public access, as well as with all applicable provisions and policies of the Oxnard coastal land use plan. Oil and gas development shall be permitted in accordance with Section 30260 of the Coastal Act, in addition to the standards outlined below.

(`64 Code, Sec. 37-3.7.1)

(B) Applicability and specific standards -

(1) No well shall be drilled and no accessory equipment or facility permanently located within:

  (a) One hundred feet of any dedicated public street or highway;

  (b) One hundred feet of a building or dwelling not a part of operation of the well;

  (c)  Three hundred feet of any building used as a place of public assembly, recreation or school;

  (d)  Three hundred feet of a stream or mean high tide line, river, wetland, lake, or channel appearing on the most current U.S. Geological Service 2,000 scale

topographic map as a blue line, except where an applicant has demonstrated that the subject use can be safely located near a watercourse without creating a risk of water pollution, damage to wildlife and habitat and impairment of flood control interests. In no case shall setbacks from streams or channels be less than 50 feet; and

  (e) The applicable setbacks for accessory structures for the sub-zone in which the use is located.

(2)  Drill sites and access roads shall not obstruct natural drainage courses.

(3) Drill site preparation, drilling and production operations shall be conducted in such a manner as to eliminate, as far as practicable, dust, noise, vibration or noxious odors, and shall be in accordance with the best accepted practices for drilling for and producing oil, gas and other hydrocarbon substances and shall comply with current standards set forth in all applicable State laws regulating oil and gas development. Generally accepted and used technological improvements for reducing factors of nuisance and annoyance shall be employed by the permittee.

(4)  Drilling, redrilling and maintenance work on approved wells shall be conducted with the use of portable equipment only. No permanent derrick shall be installed,

unless otherwise allowed by the permit or required by the State Division of Oil and Gas. All equipment used for such purposes shall be removed from the site within 30 days of the completion of such work and shall not be stored on the site, unless a time extension is approved by the commission.

(5)  Oil, produced water, drilling fluids, cuttings, and other contaminants associated with the drilling, production, storage and transport of oil shall be contained on the

site in steel-lined tanks, unless properly transported off-site or injected into a well. The director shall be furnished with a plan for controlling oil spillage and preventing saline and other polluting or contaminating substances from reaching surface or subsurface waters. The plan shall be consistent with the requirements of the city, county, State and federal governments and shall be subject to the approval of the director.

(6) No earthen sump shall be used and all wastewater, mud, oil or any other waste produced from the drilling operation shall be accumulated in steel tanks. Such

steel tanks may be placed in excavations for the purpose of providing gravity flow, but shall not be permitted to overflow at any time, and all such tanks which extend above the natural surface of the ground less than five feet shall be considered as debris basins and shall be entirely enclosed by a chain-link fence or equal, six feet in height and erected in a substantial manner. Such tanks or the waste material therein shall be hauled away from the drilling site for disposal at an approved waste disposal site. The operator shall notify the hauling or disposal contractor in writing of these requirements with a copy to the director.

sidered as debris basins and shall be entirely enclosed by a chain-link fence or equal, six feet in height and erected in a substantial manner. Such tanks or the waste material therein shall be hauled away from the drilling site for disposal at an approved waste disposal site. The operator shall notify the hauling or disposal contractor in writing of these requirements with a copy to the director.

(7) Upon issuance of a drilling permit and prior to drilling operations thereunder, the operator shall provide the city with a bond issued by a company authorized to

do business in the State, guaranteeing the faithful performance of each and every development standard and condition set forth in the permit. The bond shall be maintained in effect until released by the city council. The amount of the bond shall be established by the coastal permit for each controlled drilling site. The surface of the roads to be used are to be examined prior to use in connection with the permit and an additional bond for each controlled drilling site made payable to the governmental agency having jurisdiction shall be posted guaranteeing the repair of all damage. In the event other drilling permits are issued for the same controlled drilling site, the bonds may be amended to guarantee compliance with each of the other drilling permits. No extension of time that may be granted or any change in specifications or requirements that may be approved or required by any officer or department of this city shall be deemed to exonerate the surety on any bond posted pursuant to this requirement.

(8) The drill site and all roads or hauling routes located between the city right-of-way and the site shall be oiled, paved, chipped, sealed or otherwise treated as

required by the public works department, and maintained as necessary to prevent dust.

(9)  Light shall be controlled so as not to produce annoying levels of glare or abnormal light levels directed at any neighboring uses or rights-of-way.

(10) The operator shall immediately notify the director and the fire department, department of fish and game, regional water quality control board, and all other

applicable agencies in the event of any fires, spills or hazardous conditions. Upon request of any city department, the operator shall provide a written report of any incident within five working days which shall include, but not be limited to, a description of the facts of the incident, the corrective measures used, and the steps taken to prevent recurrence of the accident.

(11)  (a)  Drilling, production or maintenance operations associated with an approved permit, shall not produce noise measured at a point five feet away from the

outside wall of an occupied residence, school, health care facility or place of public assembly that exceeds the following standards as defined and measured in accordance with National Standards Institute Criteria and Methodologies:

Time Period Peak Noise Level Day (7:00 a.m. to 10:00 p.m.) 55 dB(A) Night (10:00 p.m. to 7:00 a.m.) 45 dB(A)

(b) In the event that ambient noise levels exceed these limits, the maximum allowable day/night noise levels may be increased to the ambient day/night noise level. Ambient noise levels shall be determined by measuring the noise levels in a manner prescribed by the director. Measurements for said ambient noise levels shall be taken at a point five feet away from the outside wall of an occupied residence or school. Once the operator has been notified by the director that the operation is in violation of the applicable noise standards, he/she shall have until 10:00 p.m. of that day to comply with the standards or cease the operations that are the source of the noise. The director may waive this requirement if upon the advice of the State Division of Oil and Gas, the cessation of the subject operations would lead to an unsafe operation.

(12)   If drilling, redrilling or maintenance operations such as pulling pipes or pumps are located within 1,600 feet of an occupied dwelling, school, health care facility

or other place of public assembly, the work platform, engine base and draw works, crown block, power source(s), pipe rack and other probable noise sources associated with a drilling or maintenance operation, shall be enclosed with soundproofing, sufficient to ensure that expected noise levels do not exceed the noise limits set forth herein, or in the conditions of the permit. This requirement may be waived by the director if it can clearly be demonstrated that such measures have no adverse impact upon adjacent sensitive habitat or residential areas. Residents within the prescribed distance may submit a waiver exempting the drilling operation from such requirements. All required soundproofing shall be installed prior to drilling.

(13)  All permanent facilities and structures on the site shall be painted a neutral color so as to blend in with natural surroundings. Said color shall be approved by

the director prior to the painting of said facilities.

(14) The area shall be maintained in a neat and orderly manner so as not to create any hazardous or unsightly conditions such as debris, pools of oil, water or other

liquids, weeds, brush and trash. No equipment shall be stored on the site which is not essential to the regular operation of the oil well located thereon. Lumber, pipes, and casings shall not be left on the site except when drilling operations are being conducted.

(15)  Within 90 days after the revocation, expiration or surrender of any permit, the abandonment of use, or after the wells on a site have been shut in or the

operation thereof has been suspended for 90 days, the premises shall be restored and revegetated to as nearly the original condition as is practicable. Upon completion of production, the oil and gas production facility area shall be returned as much as is possible to either its natural state or to be in conformance with the surrounding topography and uses by contouring, seeding, and landscaping, except as may otherwise be permitted by conditions of an approved coastal development permit.

ated to as nearly the original condition as is practicable. Upon completion of production, the oil and gas production facility area shall be returned as much as is possible to either its natural state or to be in conformance with the surrounding topography and uses by contouring, seeding, and landscaping, except as may otherwise be permitted by conditions of an approved coastal development permit.

(16) The operator shall maintain for the life of the permit liability insurance of not less than $500,000 for one person, $1,000,000 for all persons, and $2,000,000 for

property damage. This requirement does not preclude the option of self-insurance.

(17) The only processing operations permitted at the well site are the separation of produced water and natural gas from crude oil and those processing operations

required for injection purposes and for the transportation of production products from the site, unless otherwise required by the State Division of Oil and Gas.

(18) The permit shall become null and void if a zone clearance for site preparation and drilling of at least one well has not been issued within one year of the

granting of the original permit. Failure of the city to notify the permittee of the imminent expiration of the permit shall not be grounds for continuation beyond this deadline.

(19) Upon the filing of a renewal application at least six months prior to expiration, the permittee shall be eligible to continue normal operations until the request is

acted upon and all administrative appeals are heard, even though the permit being renewed has expired. The permittee/operator of record is solely responsible to apply for renewal of the permit. Failure of the city to notify said parties of the expiration shall not be grounds to continue operations after the permit expires.

(20)  All facilities and uses other than those specifically identified in the approved permit are prohibited until and unless authorized by the commission. All proposed

changes to the permit or to the existing proposed uses, facilities, structures or improvements (including construction of pipelines to and from the site) shall be presented in written and map form to the director, who shall determine what type of permits, if any, the proposal requires. The director may grant a minor change to allow for the redrilling of existing wells if there would be no significant change in the approved plot plan and if there have been no significant changes in the land use on adjacent areas. No permit shall be required for the maintenance and normal operation of existing facilities.

(21) The director shall be provided with the current names, addresses and telephone numbers of the permittee's agents or representatives who shall receive all

orders and notices as well as all communications regarding matters of condition and code compliance at the site. This information shall be provided for both the field agent at the site and an agent at the office headquarters. If the names, addresses or phone numbers of the agents should change, the permittee shall provide the director with the new information within 30 days.

(22) The permittee shall provide copies of the conditions applicable to the permit, to the owner of record, and drilling contractor. A current set of conditions shall be posted and maintained at the drill site for use by persons participating in the drilling of said well.

(23) The permittee agrees as a condition of issuance or renewal and use of the permit to defend at his/her sole expense any action brought against the city

because of issuance or renewal of the permit, or in the alternative to relinquish the permit. Upon demand of the city, the permittee shall reimburse the city for any court costs and/or attorneys' fees which the city may be required by a court to pay as a result of any such action. The city may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve the permittee of his/her obligations under this requirement.

(24) The permittee's acceptance of the permit and/or commencement of construction and/or operations shall be deemed to be acceptance of all standards and

conditions required of the permit.

(25)  Neither the issuance of a permit hereunder, nor compliance with the conditions thereof, shall relieve an operator from any responsibility otherwise imposed by

law for damage to persons or property, nor shall the issuance of any permit hereunder serve to impose any liability upon the city, its officers or employees, for injury or damage to persons or property.

(26) The director may suspend, following a duly noticed hearing, all or a portion of the operations until such time as the violation in question is corrected. If the

director orders suspension of well operation, the suspension shall only occur after consulting with the State Division of Oil and Gas about the implications of such a suspension. Approval of any other city permits requested by the permittee may be withheld until any violation in question is corrected.

(27)  (a) The permittee shall bear the full cost incurred by the city or its consultants for the review of material submitted, monitoring and enforcement of the

requirements of the subject permit, and a resolution of valid complaints attributed to the permittee. To ensure that funds are available for costs incurred, the permittee shall deposit $1,000 with the city prior to the issuance of a zoning clearance. The funds shall be used for at least three inspections of the project during the following phases of the project site: preparation, drilling, production and/or rehabilitation of the site if a producing well was not achieved.

tributed to the permittee. To ensure that funds are available for costs incurred, the permittee shall deposit $1,000 with the city prior to the issuance of a zoning clearance. The funds shall be used for at least three inspections of the project during the following phases of the project site: preparation, drilling, production and/or rehabilitation of the site if a producing well was not achieved.

  (b) The funds shall also cover the cost for any other necessary inspections or the resolution of valid complaints that may occur. Once the project is in the

production phase, the required deposit fee may be reduced by the director to an amount commensurate with the anticipated cost of monitoring and enforcing the permit. One deposit may be made to cover all of the permittee's various permits. Upon receiving notice from the city that the required deposit fee is below the required level, the permittee shall have 30 days to bring the deposit fee up to the required level or pay the cost billed to him/her. Failure to pay the required bill or maintain the required deposit fee balance shall be grounds for suspension or revocation of the permit. Prior to the city engaging any independent consultants or contractors pursuant to this section and standard city building procedures, the director shall confer with the permittee over the work to be contracted for and the cost of such work. However, the permittee may hire private consultants to undertake work required by the city, provided that the consultant and the proposed scope of work are acceptable to the city.

(28)  Unless otherwise advised by the applicable State agencies, rotary mud, produced water, drill cuttings, liquid hydrocarbons, and all other oil field waste derived

or resulting from the drilling or reworking of any well shall not be discharged onto, beneath or outside of the site in any form or manner and shall only be discharged from the drilling activities and shall be transported to a State-approved Class I dump site.

(29) Each producing well site shall be completed in such a manner that all production equipment and facilities shall be recessed, covered or otherwise screened

from view. Trees or shrubbery shall be planted and maintained so as to develop attractive landscaping and to screen the site and production equipment, structures, tanks and facilities thereon from public view, unless such equipment, structures, tanks and facilities are screened from public view by reason of an isolated location, existing trees or shrubbery, intervening surface contours or a wall constructed as herein provided. The commission may waive this provision to wells in an existing field.

(30) No sign shall be constructed, erected or maintained on the property subject to the permit except those required by law or allowed by the city's sign ordinance.

Wells shall be marked in a conspicuous place with the name of the operator, and other pertinent information as necessary. This marker shall be maintained at all times.

(31) Any production shipping tanks installed on the site shall have a rated capacity of not more than 3,000 barrels per site and the tanks and appurtenances. Within 30 days of erection of the tanks, the tanks shall be kept painted and maintained in good conditions at all times. The tanks shall be painted in accordance with the paint scheme approved by the commission.

(32)  All equipment necessarily incidental to production shall be completely enclosed in a building. The plans for the building are to be approved by the public works

department, fire department and development services department. The building shall be of a permanent type, be of attractive design, and be constructed in a manner that eliminates as far as practicable, dust, noise, noxious odors and vibrations or other conditions offensive to the senses. The building shall be equipped with such devices as are necessary to eliminate the objectionable features mentioned above. The architectural treatment of the exterior of the building shall also be subject to the approval of the development services department.

(33)  Only electrical power shall be utilized in all pumping and production operations. Power shall not be generated on the drilling site. Alternative power sources

may be allowed by an approved coastal development permit.

(34)   If the city receives a complaint about noise originating from the permitted operation, the director may require a noise evaluation made by qualified noise

experts at the permittee's expense. Until such time as a determination is made regarding the validity of the complaint, the operator shall, unless otherwise ordered by the State Division of Oil and Gas, take steps to minimize any ongoing noise, such as but not limited to, the cessation of:

  (a) Hammering on pipe;

  (b)  Racking or making up of pipe;

  (c)  Acceleration;

  (d)  Acceleration of engines or motors;

  (e)  Drilling assembly rotational speeds that cause more noise than necessary and could be reasonably reduced by use of a slower rotational speed;

    (f)  Picking up or laying down of drill pipe, casing, tubing or rods into or out of the drill hole; and

  (g) Work except for the continued circulation of fluids within the well, unless such succession would endanger the well.

(35)  All non-emergency maintenance of a well, such as the pulling of pipe and replacement of pumps, shall be limited to the hours of 8:00 a.m. to 8:00 p.m. if the

well site is located within 3,000 feet of an occupied residence.

(36)  Drilling activities shall be limited to the hours of 7:00 a.m. and 10:00 p.m. when they are located less than 800 feet from an occupied residence.

(37) No one shall reside on the area subject to the permit except individuals who are required to be on the site 24 hours a day. Those individuals include, but are

not limited to, the foreman, drilling mud specialist, mud logger and directional drilling technicians.

(38)  During drilling operations, sealing of the formation-casing, annular well space from ground surface through the base of fresh water shall be performed to

prevent degradation of ground water quality.

(39) If archaeological or historical artifacts are uncovered, the operator shall immediately notify the director and preserve the site until a qualified archaeologist can recommend the proper disposition of the site, consistent with the policies of the Oxnard coastal land use plan.

(40) The permittee shall clean and restore all streets, sidewalks and other places constituting public property which may have been disturbed or damaged in

connection with any operations associated with the use, including operations for the abandonment of the use except for ordinary wear and tear of public streets and highways, to substantially the same condition that existed at the time of use inauguration.

(41) Any machinery used in production and/or processing shall be designed and housed so that noise and vibration are reduced to a minimum and the operation

thereof shall be compatible with the level of the surrounding area.

(42) The permittee shall prepare an oil spill control plan for review and approval by the city, as lead agency, and the department of fish and game, and any other

applicable agency, as determined by the director.

(`64 Code, Sec. 37-3.7.2)

(Ord. No. 2034, 2716)

SEC. 17-39. COASTAL ACCESS AND RECREATION.

(A) Purpose - The coastal zone includes substantial opportunities for public access to the ocean and related recreational uses. The purpose of this section is to guide the acquisition and development of access facilities and vertical and lateral easements for public use within the coastal zone as part of a comprehensive program for implementing the Oxnard coastal land use plan.

(`64 Code, Sec. 37-3.8.1)

(B) Applicability and specific standards - All development within the Oxnard Coastal Zone which will have an effect on public access to, and enjoyment of, the coastline shall comply with the provisions of this section.

(1)  Specific standards are contained in Policy Nos. 72, 73 and 74 and Appendices Policy Nos. 22 and 23 of the Oxnard coastal land use plan. In addition, the

provisions in paragraphs B, C, D of this section and all other applicable LUP policies shall apply;

(2)  Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development except where:

  (a) The access is inconsistent with public safety, military security needs, or the protection of fragile coastal resources;

  (b)  Adequate access exists nearby, consistent with applicable policies of the certified Oxnard coastal land use plan; and

  (c)  Agriculture would be adversely affected;

(3)  Dedicated accessways shall not be required to be open to public use until a public agency or private association agrees to accept responsibility for maintenance

of and liability associated with the accessways;

(4)  For the purposes of this section, new development, as defined by Section 30212(b) of the Coastal Act, does not include the following:

  (a)  Structures destroyed by natural disaster - Replacement of any structure pursuant to the provisions of subsection (g) of Section 30610 of the Coastal Act.

(b) Demolition and reconstruction - The demolition and reconstruction of a single-family residence; provided that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 %, and that the reconstructed residence is sited in the same location on the affected property as the former structure.

  (c)  Improvements - Improvements to any structure which do not change the intensity of its use, do not increase either the floor area, height or bulk of the

structure by more than 10 %, do not block or impede access, and do not result in a seaward encroachment by the structure.

  (d)  Repair and maintenance - Any repair or maintenance activity for which the city has determined pursuant to Section 30610 of the Coastal Act, that a coastal

development permit will not be required, unless the commission determines that such activity will have an adverse impact on lateral public access along the beach.

(`64 Code, Sec. 37-3.8.2)

(C) Waiver of access requirements -

(1)  Pursuant to Cal. Pub. Res. Code, Section 30214, with respect to regulating the time, place and manner of public access, the requirements for vertical access

may be waived for specific development applications only when the reviewing body vested with the authority to approve the request, finds that adequate vertical access is provided off-site but within the immediate area. Such waiver may be granted subject to the specific finding that the presence of a public beach with adequate access facilities within 500 feet, reduces the needed frequency of vertical accessways in coastal residential areas.

(2)  Waiving lateral access is deemed inconsistent with the policies of the Oxnard coastal land use plan, and is therefore prohibited.

(`64 Code, Sec. 37-3.8.3)

(D) General coastal access standards - The following standards apply to all new development subject to Policies 1-34 (Appendix III, Access) of the certified Oxnard coastal land use plan and the provisions of chapter 16, and are intended to provide for the establishment of access right-of-way designations, dedications and easements on both public and private lands:

(1)  Coastal access facilities shall be located where they safely accommodate public use and should be distributed throughout an area to prevent crowding, parking

congestion and misuse of coastal resources. Accessways shall be sited and designed:

  (a) To minimize alteration of natural land forms conforming to the existing contours of the land and be subordinate to the character of their setting;

  (b) To prevent unwarranted hazards to the land and public safety;

  (c) To provide for the privacy of adjoining residences and to minimize conflicts with adjacent or nearby established uses;

  (d) To be consistent with military security needs;

  (e) To prevent misuse of environmentally sensitive habitat areas; and

    (f) To ensure that agriculture will not be adversely affected.

(2) Public access to the environmentally sensitive habitat areas such as wetlands, sand dunes, tidelands, or riparian areas, shall be evaluated on a case-by-case basis. Such accessways shall be designed and constructed so as to avoid adverse effects on the resource, consistent with Policy Nos. 1, 4, 6, 8, 10 and 21 of the certified Oxnard coastal land use plan.

(3)  Coastal accessways located in areas of erosion hazard shall be constructed and managed in a manner that does not increase the hazard potential. Access

facilities on productive agricultural land may be temporarily closed during harvest or while pesticides are used. Where appropriate, coastal accessways shall be designed to correct abuses resulting from existing use.

(4)  Access facilities constructed on access easements should be no wider than necessary to accommodate the numbers and types of users that can be reasonably

expected.

(5) The design and placement of accessways shall provide for the privacy of adjoining residences. Each vertical access easement in a residential area shall be

sufficiently wide to permit the placement of an appropriate accessway facility, such as a stairway, ramp, walkway and fencing, and/or landscape buffer as necessary to ensure privacy and security. Depending on local considerations in a single-family residential neighborhood, vertical accessways may be fenced on the property line and use restricted to daylight hours.

(6)  Unless otherwise authorized in a specific sub-zone, use of lateral accessways shall be limited to the right of public pass and repass, active and passive

recreational use, or as otherwise designated by the certified Oxnard coastal land use plan.

(`64 Code, Sec. 37-3.8.4)

(E) Establishing access areas - The establishment of required vertical and lateral accessways shall be accomplished in one of the following methods:

(1) Deed restriction - This method may be used only if an owner, association, or corporation agrees to assume responsibility for the maintenance and liability of the

public accessway. City approval is first required of the person or entity assuming responsibility.

(2)  Grant of fee interest - This method may be used when a public agency or private organization approved by the city is willing to assume responsibility for

ownership, maintenance and liability for the public accessway.

(3)  Grant of easement - This method may be used in the same instances as those identified above.

(4)  Offer of dedication - This method is to be used when no public agency, private organization or individual is willing to accept a fee interest or easement and the

owner is not willing to accept responsibility for the accessway. Any offer of dedication shall be irrevocable for a period of 25 years. Offers of dedication shall not be accepted until responsibility for maintenance and liability is assumed.

(`64 Code, Sec. 37-3.8.5)

(F) Specific coastal access standards - The standards for the location and distribution of both vertical and lateral accessways involving public and private lands contained in this section shall apply to all new development within the city's coastal zone.

(`64 Code, Sec. 37-3.8.6)

(G) Lateral access -

(1)  Lateral accessways shall include a minimum width of 25 feet of dry sandy beach to the extent feasible, given periodic climatic conditions, or should include the

entire sandy beach area if the width of the beach is less than 25 feet. Said accessways should not extend further landward than the foot of an existing shoreline protective device, or be closer than ten feet to an existing single-family residence unless another distance is specified by the Oxnard coastal land use plan. Where development imposes a greater burden on public access, a larger accessway shall be provided.

(2)  Lateral accessways shall be located on all waterfront land to provide continuous and unimpeded lateral access along the entire reach of the sandy beach area

or other usable recreational shoreline. Exceptions to this standard may include military installations where public access would compromise military security, industrial developments and operations that would be hazardous to the public safety and developments where topographic features, such as river mouths, could be hazardous to public safety.

(3) The proximity of the Pacific Ocean periodically precludes any development on narrow lateral accessways other than portable support facilities such as trash

receptacles, picnic tables and benches, or retractable ramps or boardwalks designed for use by persons with disabilities.

(`64 Code, Sec. 37-3.8.7)

(H) Vertical access -

(1)  Vertical accessways shall be a minimum of ten feet wide.

(2)  Accessway surface materials shall be as follows:

  (a) Where the native soil is sand, no other surfacing material is required, unless accessway is in a dune habitat, where wooden planking shall be required.

  (b) Where accessways are to be constructed in areas where sand does not exist, or where conditions required an improved accessway, one of the following

materials shall be used:

       (i)  Asphalt or concrete;

        (ii)  Masonry paving units including flat stone, concrete blocks, bominite, stamped concrete or other similar materials which provide a smooth, even surface;

         (iii)  Smooth, rounded gravel, which is approximately½-inch in diameter or less, laid to a minimum depth of five inches within an area contained by wood or

concrete headers. Gravel shall be underlaid with plastic which is at least four mil thick;

      (iv) Wood platform or walkways, provided that the wood shall be treated and waterproofed; and

     (v)  Other materials or systems approved by the commission.

  (c)  All accessways in designated wetlands or resource protection areas shall be subject to the granting of a coastal development permit.

(3) Vertical accessways shall be established in all beachfront areas and should be evenly distributed and carefully located throughout such areas to the maximum extent feasible. They should be located where they provide access to onshore or offshore recreational areas.

(4) Where single-family development exists or is planned, vertical accessways should be located where streets end at the shoreline, once every six residential

parcels or not less than once every 500 feet. Multiple-family residential projects of five dwelling units or more should provide sufficient open space within the project for a vertical accessway, a public parking area and for construction of the access facility.

(5)  Visitor-serving commercial or recreational developments on shoreline parcels shall enhance the shoreline experience by providing (or preserving) views of the

ocean, vertical access through the project, and accessway facilities and maintenance as part of the project. Industrial development near beachfront parcels shall provide vertical access and parking improvements appropriate to safe, public shoreline use and equal to the potential public use of shoreline displaced by the industrial facility.

(6)  Subdivision of beachfront parcels shall provide a vertical accessway to the beach area either as a separate parcel or as an easement over the parcels to be

created.

(7)  Vertical accessways may be developed with a range of facilities including stairways, ramps, trails, right-of-way overpasses and underpasses, or any

combination thereof. Vertical accessways shall include design features which minimize bluff and shoreline erosion such as drainage systems, planting of native cover, fencing, and elevation of stairways away from bluff area. Vertical accessways shall include appropriate support facilities, such as signs and fencing.

(8)  (a)  In determining the specific siting of an accessway, the protection of the right of privacy of the adjacent residence shall be considered. Where a residential

structure is located on the beach with no physical barrier, such as a seawall separating the residential structure from the accessway, the accessway shall not extend closer than 10 feet to the occupied residential structure. In such cases, the area from 10 to 20 feet from the residential structure may be used for pass and repass with all areas seaward of the 20-foot line available for passive recreational use. In determining an appropriate access buffer, the need for privacy should be considered in light of the public's right to obtain access and use along the shoreline. The buffered area should not act to preclude the public's right of access to and use of publicly-owned tidelands.

ructure may be used for pass and repass with all areas seaward of the 20-foot line available for passive recreational use. In determining an appropriate access buffer, the need for privacy should be considered in light of the public's right to obtain access and use along the shoreline. The buffered area should not act to preclude the public's right of access to and use of publicly-owned tidelands.

  (b) A vertical accessway for pedestrian use on a parcel where a residential structure exists or is anticipated for construction in the proposed project shall not be

sited closer than five feet to the residential structure. This five-foot buffer shall be provided to protect the privacy rights of the residents of the site. In some instances, the proposed project may have to be relocated in order to provide the accessway and still allow for a buffer between the accessway and the residential structure.

(`64 Code, Sec. 37-3.8.8)

(Ord. No. 2034, 2716)

SEC. 17-40. HOUSING DEMOLITION, CONVERSION OR REPLACEMENT.

(A) Purpose - The purpose of this section is to provide standards designed to preserve sound and safe housing for low- and moderate-income families in a manner consistent with the standards contained in this section, other general and specific coastal development and resource standards contained in this chapter, and all applicable provisions and policies of the housing element of the Oxnard general plan.

(`64 Code, Sec. 37-3.9.1)

(B) Applicability and specific standards - Specific standards are contained in Policy Nos. 87, 88 and 89 of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-3.9.2)

(Ord. No. 2034, 2716)

SEC. 17-41. RECORDATION OF LAND RESTRICTIONS.

(A) Purpose - The purpose of this section is to provide for timely compliance with permit condition requirements, recordation of land restrictions and ensure full compliance with the Oxnard certified coastal program.

(`64 Code, Sec. 37-3.10.1)

(B) Responsibilities - Any permit requiring recordation (or any other similar legal form) of land restrictions imposed pursuant to this chapter shall not be issued until the recordation (or other similar legal form) is duly accomplished and finalized.

(`64 Code, Sec. 37-3.10.2)

(Ord. No. 2034, 2716)