Port Hueneme Municipal Code § 10202 Nonconforming provisions

The purpose of this Chapter is to specify use regulations which apply throughout this Article.

A. General. No building shall be erected and no existing building shall be moved, reconstructed, structurally altered, added to or enlarged, nor shall any land, building, or premises be used, designed or intended to be used for any purpose other than a use permitted in the zone in which such land, buildings or premises are located.

B. Restricted Uses. Each zone hereinafter established is mutually exclusive as to the uses of land and buildings permitted in each such zone. The designation of a use or building in a particular zone shall prohibit such use or building in all other zones unless otherwise specified in this Article.

C. Interpretations. Judgments as to the application or interpretation of this Article shall be made by Resolution of the City Council when such judgments are made necessary by virtue of circumstances for which the procedures and requirements specified herein are unclear or otherwise create hardships inconsistent with the purpose and objectives served by this Article. Included herein shall be interpretations as to the appropriate zones within which unspecified uses may be permitted, judgments of which shall be based upon comparable uses and specified purposes of corresponding districts. All judgments rendered pursuant to this Section shall be made in accordance with the amendment procedures set forth in Section 10003; provided, however, that no fee shall be charged and no public hearing or notice of the matter need be given.

(Ord. 579 § 6 (2 (part)), (8), 1992)

A. General. The purpose of this section is to provide for regulation and eventual elimination of uses and structures not in compliance with the requirements of the zone in which they are located. It is hereby declared that the nonconforming use of land and structures is detrimental to the public health, safety, convenience and general welfare of persons and property within the City. It is further declared, that it is the policy of the City that such nonconforming uses shall be eliminated as rapidly as may be done without infringing upon the constitutional rights of the property owners of such nonconforming uses. The continuation of nonconforming uses as provided herein is intended to prevent economic hardship and to allow the useful economic value of structures to be consumed or realized within specified time periods. Nonconforming uses are declared to be illegal and prohibited after determination dates as set forth herein.

B. Nonconforming Buildings.

1. Continuation. A nonconforming building may be continued for the period specified herein, provided no additions or enlargements are made thereto except those required by law or ordinance, or as approved under a variance procedure pursuant to Section 10005(C).

2. Restoration. Subject to all other regulations of this Section, a building destroyed to the extent of no more than seventy-five percent (75%) of its reasonable value by fire, explosion or other casualty, act of God, or the public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction, may be continued for the period specified herein; provided, however, that restoration must be undertaken within ninety (90) days of such destruction.

C. Nonconforming Uses.

1. Abandonment. If a nonconforming use existing at the time this Article became effective is subsequently abandoned, any future use shall be in conformance with the provisions of this Article. For the purpose of this Section, the term "abandoned" shall mean a discontinuation in use for a period of ninety (90) days or more.

2. Intensity. Any nonconforming use of a conforming or nonconforming building may be maintained and continued provided there is no increase or enlargement of the area, space, or volume occupied or devoted to such nonconforming use, and provided, further, that there is no increase in the intensity of such nonconforming use except as otherwise provided in this Article. Increase in intensity of use as used herein shall include, but not be limited to, an increase in the number of persons, animals or machines present at, doing business with, or visiting a nonconforming use.

3. Non-Residential Uses. No permit shall be issued by the Building Official or any other officer, agent or employee of the City for the erection, construction, reconstruction, moving, conversion, alteration of, addition to or occupancy of any new or existing building or structure which is to be used as a nonresidential building in any residential zone in the City unless otherwise provided under this Article.

D. Nonconforming Lots.

1. Permitted Uses. Except as otherwise provided in Section 10202(D)(3) of this chapter, the use of land as permitted in the underlying zone shall be allowed on a lot or parcel or a combination of contiguous lots or parcels of nonconforming size; provided, however, that such property complies, in all respects, with the lot area development standards of the underlying zone. Whenever use of land is permitted pursuant to this Section, no variance need be obtained under the procedure specified in Section 10005 unless the proposed use or improvement of such property requires a reduction in any development standard applicable to such property including, but not limited to, yard areas, building setbacks and off street parking.

2. Lot Splits. Notwithstanding any other provision of this Article, no building permit shall be issued for any lot or parcel which results from the sale of part of a lot or parcel or any other type of lot split wherein any one of the resulting lots or parcels does not meet the zoning requirements which apply to the land at the time unless, prior to sale or split, a variance is granted pursuant to Section 10005 of this Article.

3. Compulsory Parcel Mergers. All lots and parcels of nonconforming size to the development standards prescribed in the underlying zone within such lots or parcels are located and which meet the criteria prescribed in Section 10202(D)(3)(a) and (b) below, shall be deemed merged under operative statutes of the California Government Code commencing with Section 66451.10 thereof. Upon such merger, no affected lot or parcel shall be improved or subdivided except in strict compliance with all of the subdivision and development standards of the underlying zone within which such property is located.

a. Applicability. This Section 10202(D)(3) shall only apply to nonconforming lots and parcels wherein the following criteria is satisfied:

1. All lots and parcels are contiguous to one another and are held by the same owner as of the date a notice of intention to determine status is filed with the recorder of the County of Ventura pursuant to Section 10202(D)(3)(b)(1) below.

2. At least one of the affected lots or parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot or parcel.

3. With respect to any affected lot or parcel, either or both of the following conditions exists:

a) Comprises less than 5,000 square feet in area at the time of the determination of merger.

b) Was not created in compliance with the applicable laws and ordinance in effect at the time of its creation.

b. Merger Procedures. A merger of lots and parcels under this Section 10202(D)(3) shall become effective only when a notice of merger is filed with the recorder of the County of Ventura specifying the names of the record owners together with a legal description of the real property. Such notice shall only be filed upon order of the City Council upon satisfying the following requirements:

1. Notice of Intention. Prior to recording a notice or merger, the Planning Agency shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected lots or parcels may be merged pursuant to the Section 10202(D)(3), and advising the owner of the opportunity to request a hearing on the determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the recorder of the County of Ventura on the date that notice is mailed to the property owner.

2. Request for Hearing. At any time within thirty (30) days after recording the notice of intention to determine status pursuant to Section 10202(D)(3)(b)(1) above, the owner of the affected property may file with the City Clerk a request for a hearing on determination of status.

3. Scheduling of Hearing. Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Section 10202(D)(3)(b)(2) above, a public hearing shall be scheduled, noticed and conducted within the time and manner prescribed in Section 10352(F) of this Article. The hearing shall be conducted not more than sixty (60) days following the City Clerk's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the City Council and the property owner.

4. Conduct of Hearing. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this Section 10202(D)(3). At the conclusion of the hearing, the City Council shall make a determination that the affected lots or parcels are to be merged or are not to be merged and shall so notify the owner of its determination. The City Council's decision shall be deemed final and conclusive. If the City Council so decides, a determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 10202(D)(3)(a) above. As stipulated in Section 10202(D)(3)(b) above, a determination of merger shall be recorded within thirty (30) days after conclusion of the City Council hearing.

5. Non Protest. If, within the thirty (30) day period specified in Section 10202(D)(3)(b)(2) above, the owner does not file a request for a hearing in accordance with Section 10202(D)(3)(b)(4), the City Council may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 10202(D)(3)(b) no later than ninety (90) days following the mailing of notice required by Section 10202(D)(3)(b)(3).

6. Non Merger Decision. If, in accordance with Sections 10202(D)(3)(b)(4) or 10202(D)(3)(b)(5), the City Council determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 10202(D)(3)(b) a release of the notice of intention to determine status, recorded pursuant to Section 10202(D)(3)(b)(1), and shall mail a clearance letter to the then current owner of record.

4. Improvements. Except as may be regulated elsewhere in this Article nonconforming improvements to a lot shall be governed by the same provisions as applies to buildings and structures under Section 10202(B).

E. Terminations.

1. Amortized Schedule. Every nonconforming use or structure shall be completely removed or altered to conform to the regulations of this Article within the following specified periods of time:

a. Nonconforming uses must discontinue when such uses are either abandoned or changed in use or intensity of use from the date they became nonconforming except as otherwise provided in this Article;

b. Structures for which a building permit is not required shall cease in three (3) years;

c. Structures which contain less than one hundred (100) square feet shall cease in three (3) years;

d. Outdoor advertising structures shall cease in three (3) years; and

e. All other structures may remain so long as they are not restored or rebuilt to an extent of more than seventy-five (75) percent of their reasonable value or so long as they do not pose a public nuisance; provided, however, they may not be added to or enlarged upon except as required by law or ordinance, or as approved under a variance procedure pursuant to Section 10005(C).

2. Reference Points. The time periods specified in Subsection 10202(E)(1) shall be measured as follows:

a. For nonconforming structures or uses which were in conformity immediately prior to the effective date of this Article, the time period shall be measured from the effective date of this Article.

b. For structures or uses which hereinafter become nonconforming due to any zone change or other amendment to this Article, the time period shall be measured from the effective date of such zone change or amendment.

c. For structures or uses which first became nonconforming by the provisions of any prior City or County ordinance, the time period shall be measured from the date such structures or uses first became nonconforming.

3. Removal. Nonconforming structures and uses are hereby declared to be a public nuisance when they remain beyond the time periods specified herein. Their removal shall be accomplished under the procedures specified in Article III, Chapter 4, Part A.

(Ord. 579 § 6 (2), (9), (10), 1992)

A. Fire Escapes. Fire escapes may extend or project into any required front, side or rear yard not more than four (4) feet; provided, however, that such extensions shall not be closer than three (3) feet to any property line.

B. Open Stairways and Balconies. Open, unenclosed stairways, or balconies not covered by roof or canopy may extend or project into a required rear yard not more than four (4) feet nor into a required front yard by more than thirty (30) inches; provided, however, that such extensions shall not be closer than three (3) feet to any property line.

C. Uncovered Porches, Platforms and Landings. Uncovered porches, platforms, or landing places which do not extend above the level of the first floor of the building, may extend into any required front, side or rear yard not more than six (6) feet; provided, however, that such extensions shall not be closer than three (3) feet to any property line; provided, further, that an open work railing, not more than thirty (30) inches in height may be installed or constructed on any such porch, platform or landing place.

D. Porch Covers and Awnings. Porch covers and awnings which are unenclosed on three (3) or more sides except for necessary supporting columns and reasonable architectural features and which do not extend above the eave lines of the principle structure from which they are attached, may be erected within required side and rear yards up to a distance of not less than three (3) feet from any property line. Covered patios which are enclosed on three (3) or more sides and attached to the principle structure shall be considered to be a part of that structure for the purpose of computing setback requirements. Unenclosed porch covers and awnings may occupy not more than twenty-five (25) percent of the required or existing rear yard area.

E. Walls, Fences and Hedges.

1. Standards. Open work fences, guard railings for safety protection purposes and open work architectural features may be located in the required front yard area, provided the height does not exceed three and one-half (3-½) feet above the curb elevation at the front property line and provided further that safe sight distance of street traffic is not impaired. Walls, solid fences and boundary hedges shall not exceed a height of two and one-half (2-½) feet above the curb elevation at the front property line. A solid fence or wall not more than six (6) feet in height, or a hedge maintained so as not to exceed six (6) feet in height, may be located along the side or rear lot lines, provided such fence, wall or hedge does not extend into the required front yard. Where the difference in average elevation between adjacent lots is in excess of six (6) inches, the maximum height of the wall may be measured from the higher of the two adjacent lots. The foregoing provisions shall not be construed as to limit the height of retaining walls, except that front yard retaining walls shall not be more than eighteen (18) inches higher than the soil retained and shall not impair safe sight distance of street traffic. No fence or wall shall be constructed of sheet metal or fiber glass panels nor shall any fence or wall be improved with barbed wire, concertina wire, or any other similar material of a hazardous nature which is visible from any public right-of-way.

2. Ministerial Permit Required. No fence shall be hereafter erected or structurally altered without a Ministerial Permit having first been issued therefor by the City pursuant to Section 10354, unless said fence is provided for in other provisions in this Article.

F. [Reserved.]

G. Underground Utilities. Except as provided for herein, all utility facilities, including, but not limited to, electrical lines, communication lines, cable television lines, street lighting power supply lines and appurtenances thereto shall be placed underground. Except as the parties may otherwise agree, CATV shall be provided the reasonable opportunity to utilize and jointly occupy for the same purpose any trench provided in any project for a utility for the purpose of connecting the utility to service the development. Except as provided herein, all utility facilities including service laterals to individual lots shall be installed in the ground prior to the paving of streets. The City Engineer may authorize installation of utility facilities after street improvements are installed if the installation will not require reconstruction or repair of street improvements or if unusual circumstances warrant. Certain utility appurtenances such as, but not limited to, transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts used in connection with underground facilities which cannot, without undue expense, be placed underground, may be placed on the surface of the ground. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed subdivision utility system pursuant to this Section. At the time of approval of the tentative map for the proposed subdivision pursuant to Article IX, Chapter 1, the Advisory Agency or City Council, as the case may be, may modify this requirement for undue hardship. This Section shall not apply to utility lines which do not provide service to the area being subdivided.

H. Accessory Buildings.

1. No accessory buildings in the R-1, R-2, or R-3 zones may exceed one (1) story or fifteen (15) feet in height.

2. An accessory building may occupy not more than twenty-five (25) percent of a required rear yard; provided, however, that no accessory building may be constructed closer than five (5) feet from any property line.

3. Accessory buildings, excluding garages, shall not have a total aggregate floor area in excess of five hundred (500) square feet. In situations where the rear yards abut a public street, metal structures intended for storage of tools and other household items shall be located ten (10) feet from all rear rights-of-way.

I. Porte Cochere. A porte cochere may be placed over a driveway in a side yard, provided such structure is not more than one (1) story in height, is unenclosed on at least three sides except for necessary supporting columns and reasonable architectural features and is situated not closer than three (3) feet from the side property line.

J. Roof Structures. Architectural features, eaves, cornices, canopies, belt courses, sills, buttresses, or other similar roof structures may extend or project into required front, side and rear yards not more than three (3) feet; provided, however, that such extensions shall not be closer than three (3) feet to any property line.

K. Antennas. No antenna, as defined in Section 10028 of this Article, shall be hereafter erected or structurally altered unless provided for in the manner below:

1. General Provisions.

a. Roof Mounting. Roof-mounted mast, pole or rod antennas whose purpose is to receive or broadcast UHF, VHF and/or FM, or other signals from other communication systems, where the boom or any active element of the antenna's array is longer than fifteen (15) feet, are prohibited in all residential zone districts unless otherwise provided for in Section 10203(K) 2(a)(1). Roof-mounted satellite antennas shall be strictly prohibited in all residential zone districts unless otherwise provided for in Section 10203(K) 2(a)(1). Roof-mounted steel lattice or skeletal type antennas of any kind shall be strictly prohibited in all residential districts.

b. Code Compliance. All satellite antennas shall be erected in a secure and wind resistant manner in conformance with applicable City Building Regulations, and shall be of noncombustible and corrosion-resistant material.

c. Qualification of Property. Not more than three (3) antennas shall be allowed on a single residential parcel of record; provided further, no more than two (2) antennas, not exceeding seventy-five (75) pounds each, may be mounted on a single roof.

d. Definitions. As used in this Section, unless the context otherwise indicates, the following definitions shall apply:

1. Screened from Public View. Substantially concealed to the maximum extent feasible and legally permissible utilizing any combination of landscaping, fencing or other appropriate and suitable means in conformance with applicable development standards prescribed for the zone district within which the affected property is situated. Antennas which direct attention to a business, commodity, service, industry, or other activity which is sold, offered or conducted on the premises upon which antenna is located, or affixed to, shall be strictly prohibited in all zones. In residential districts where a Planned Development (PD) does not otherwise apply, antennas shall be deemed 'screened from public view' if the rear yards, wherein said antennas are situated, are enclosed by a solid fence not less than six (6) feet in height.

2. Removed from Public View. Located the furthest distance away from all public property or rights-of-way to the maximum extent feasible and legally permissible in conformance with applicable development standards prescribed for the zone district within which the affected property is situated.

e. Non-conforming Provisions. All antennas which are nonconforming with the provisions of Section 10203(K) shall be subject to the provisions of Section 10202(E).

2. Locational Criteria.

a. Residential Zones. In residential zone districts where a Planned Development (PD) designation does not otherwise apply, satellite antennas, dish or spherical antennas three (3) feet in diameter or larger, or any system of booms, poles, rods, masts, wires, reflecting discs or configuration with appurtenant equipment which exceed seventy-five (75) pounds each may only be placed in a rear yard removed and screened from public view, as accessory structures subject to the limitations prescribed therefore in Section 10203(H) of this Chapter. No portion of an antenna or array shall be located in a front or side yard or extend beyond any property lines. Guy wires shall not be anchored within any front or side yard area, but may be attached to the building. In residential zone districts where a Planned Development (PD) designation applies, satellite antennas shall incorporate earth tone or background colors which blend with adjacent structures and surroundings and may only be placed in locations removed and screened from public view subject to specification and approval by the City. Dish or spherical antennas three (3) feet in diameter, or any system of booms, poles, rods, masts, wires, reflecting discs or configuration with appurtenant equipment including supporting structures and accessory equipment shall be located and designed so as to minimize the visual impact on surrounding properties and from public/private streets.

1. Exceptions. Where an applicant can demonstrate that compliance with the provisions of this Chapter would result in the obstruction of a satellite antenna's reception window or other delivery of programming via microwave television (SMATV) or direct wave traveling by line of sight for UHF, VHF and/or FM pursuant to Section 10098, and that such obstruction involves factors beyond control of the applicant, variances may be granted in the manner provided for in Section 10005(c). The antenna may then be mounted on the roof or eaves; provided, however, that the antenna be located the furthest distance from public view; does not exceed the maximum height restriction imposed upon primary uses within the zone district; and the application includes certification that the proposed installation is in conformance with applicable City Building regulations.

b. Non-Residential Zones. In all zone districts, other than residential, satellite antennas may only be allowed as accessory structures, which are incidental to the principal permitted buildings and uses of the affected property, and shall be placed in locations removed and screened from public view including, but not limited to, use of permanent parapet walls if roof-mounted, subject to specification and approval by the City. Other antennas consisting of those defined in Section 10028, including guy wires supporting structures and accessory equipment shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. No portion of an antenna array shall extend beyond the property lines, front or side yard area. Guy wires shall not be anchored within any front or side yard area but may be attached to the building.

3. Height Criteria. Antennas, consisting of those defined in Section 10028 shall be subject to the development standards provided under the underlying zone classification unless provided for in this Section.

a. Residential Zones. Antennas which are roof-mounted shall not extend higher than fifteen (15) feet above the peak of the roof, except a single pole antenna weighing less than seventy-five (75) pounds, and further containing no booms, elements or accessory equipment may extend to a maximum height of forty (40) feet above grade. Ground mounted freestanding citizens band and amateur radio transmitting and receiving antennas, intended for private, noncommercial use accessory to the dwelling shall not exceed an overall height of fifty (50) feet above grade.

b. Non-Residential Zones. Transmitting and receiving dish antennas, broadcast antennas and microwave antennas shall not exceed a height more than what is minimally necessary to adequately obtain a reception window as defined in Section 10028. The burden of substantiating an adequate reception window shall be supported by documented evidence submitted by the applicant; provided, however, antennas approved pursuant to Section 10352 or Section 10353 of this Article, whichever applies, may not exceed the height as that allowed for building structures within the underlying zone.

4. Development Review Procedures.

a. Residential Zones. In residential zone districts where a Planned Development (PD) designation does not otherwise apply, no satellite receiving or transmitting dish or spherical antenna three (3) feet in diameter or larger, or antenna weighing more than seventy-five (75) pounds each, shall hereafter be erected or structurally altered without a Ministerial Permit having first been issued therefore by the City pursuant to Section 10354 of this Article. In residential zone districts where a Planned Development (PD) designation applies, no satellite antenna, microwave multi-point distribution system (MDS), satellite master antenna television (SMATV), or FM radio or UH/VHF television antenna shall be hereafter erected or structurally altered without a Development or Administrative Permit having first been issued therefore by the City pursuant to Section 10352 and 10353 of this Article, whichever applies.

b. Non-Residential Zones. In all zone districts, other than residential, no satellite antenna, dish or spherical antenna three (3) feet in diameter or larger, microwave multi-point distribution system (MDS), or satellite master antenna television (SMATV), or broadcast antennas shall be hereafter erected or structurally altered without a Development or Administrative Permit having first been issued therefore by the City pursuant to Section 10352 or 10353 of this Article, whichever applies.

c. Overriding Considerations.

(1) Pursuant to Section 10352(F) applications for broadcast antennas and microwave relays shall be considered in light of their horizontal and vertical dimensions, mass, nature of materials, design, location in relation to setback lines and adjacent properties, the presence of screening structures or landscaping and the visual impact of the antenna on adjacent properties and public rights-of-way, ability to mitigate radio frequency and television interference, and levels of non-ionizing electromagnetic radiation (NIER) released.

(2) Conditions of approval may be imposed to mitigate any negative impacts from installation of the antenna. The cost of any such condition to the applicant shall be considered in light of the public benefit derived from the condition.

(3) Antennas approved pursuant to Section 10352 or Section 10353 of this Article, whichever applies, shall be removed upon termination or revocation of the Permit. The Permit shall terminate on change of leasehold interest, sale or transfer of the property by the applicant and shall be so conditioned.

L. Flagpoles. Flagpoles flying only the United States of America Flag together/or without the State of California Flag shall be allowed in all zone districts subject to the standards provided herein and the height limits of the underlying zone classification; provided, further, only one flagpole may be erected on a single Parcel of Record in residential zone districts where a Planned Development (PD) designation does not otherwise apply. In all other zone districts, a maximum of two (2) companion flagpoles may be erected on a Parcel of Record of Property as defined in Section 10303(B)(12) provided a Ministerial Permit is first issued by the City pursuant to Section 10354 of this Article. Judgments as to the application of Section 10303(B)(12) shall be made by the Director of Community Development or his designated representative under circumstances which are unclear or otherwise create hardships inconsistent with the purpose and objectives served by this Article.

HEIGHT OF POLE IN RELATION TO SIZE OF FLAG

(Ord. 626 § 2 (13), (14), 1999; Ord. 579 § 6 (11), 1992; Ord. No. 795, § 2, 1-16-24)

A. General. No lot area shall be reduced or diminished so that the yards or other open space shall be smaller than prescribed by this Article, nor shall the density of population be increased in any manner except in conformance with the regulations herein established. No yard or other open space provided around any building for the purpose of complying with the provisions of this Article shall be considered as providing a yard or open space for any other buildings; provided, further, that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.

B. Building Setbacks. For the purpose of building setback and yard area regulations, multiple-family dwellings with common party walls, including townhouses and condominiums, occupying one or more contiguous lots shall be considered as one building.

C. Rear Yards. In computing the depth of a rear yard, for any building where such yard opens onto an alley, one-half (½) of such alley may be assumed to be a portion of the rear yard, except that where it can be determined which lot or lots the alley was a part of before its dedication, then these lots shall be considered to include that area dedicated as a public alley as a portion of a rear yard area. Building setbacks and lot area requirements, as they apply to rear yards, may be reduced up to seventy-five (75) percent of that required in underlying zone districts for property wherein the rear yard of such property abuts land which is zoned P-R (Park Reserve) as described in Chapter 4, Part G of this Article; provided, however, that no structure may be built closer than five (5) feet of the rear yard property line.

D. Loading Spaces. Loading spaces as required by this Article, may occupy not more than fifty (50) percent of a required rear yard.

A. Residential Use. Except as permitted under Section 10205(B) or as may otherwise be authorized by conditional use within designated mobile home and recreation vehicle parks, it shall be unlawful to use any automobile, motor home, recreational vehicle, or any other vehicle or trailer for any of the following purposes within the City:

1. As a dwelling unit or for sleeping purposes.

2. For storing goods, materials, or equipment other than those items considered part of or incidental to the automobile, motor home, recreational vehicle or trailer.

B. Commercial Use. No automobile trailer or mobile home shall be used for office, retail or any other commercial purpose except in the following situations:

1. An automobile trailer or mobile home may be used as a sales office for new or used trailer sales business if such automobile trailer or mobile home is on the same lot or parcel of land, new or used trailers, other than that for a sales office, are normally kept for display to the public;

2. An automobile trailer or mobile home may be used as a construction shack at the construction site of a construction project for the duration of such project; or

3. An automobile trailer or mobile home in a Mobile Home Park in a residential zone may be used for the conduct of a home occupation upon the same conditions and regulations as apply to single-family residences in the underlying classified zone.

A. General. Except as provided in Section 10206(D), no building or structure shall be erected or enlarged, no parcel shall be subdivided or improved, and no permit or discretionary approval shall be issued or granted therefor, on any lot which abuts any designated right-of-way unless one-half (½) of the highway which is located on the same side of the centerline of the highway as such lot, has been dedicated and improved for the full width of the lot so as to meet the standards for such right-of-way provided in the current standard specifications for public works construction as adopted by the City pursuant to Article IV, Chapter 1 of this code, or such dedication and improvement has been assured to the satisfaction of the City Engineer. As used in this Section, the centerline of designated right-of-way means the centers of major and secondary highways as shown on the current adopted General Plan Map of the City and all other streets so designated by ordinance of the Council.

B. Procedures. When the City Engineer determines that the provisions of this Section are applicable to any project for which a permit is required by operation of any chapter or section of this code, the City Engineer shall inform the permit applicant of his determination, of the specific requirements of this section which he determines to be applicable thereto, and of the procedures prescribed below.

1. Dedication.

a. Processing. Any person required to dedicate land by the provisions of this Section shall make an offer to dedicate property executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown by a current preliminary report prepared by a company approved by the City Attorney for that purpose. Such report shall be furnished by the applicant. Such offer shall be on a form approved by the City Attorney and the City Engineer, be in such terms as to be binding on the property owner, the owner's heirs, assigns or successors in interest; and shall continue until the Council accepts or rejects such offer or until one (1) year from the date of such offer is filed with the City Clerk for processing, whichever occurs first. The offer shall provide that the dedication will be complete upon acceptance by the Council. The offer shall be recorded by the City Clerk in the Office of the County Recorder upon its acceptance. The City Engineer shall accept or reject the offer for recordation within ten (10) days after it is filed with the City Clerk. The offer shall thereafter be promptly processed by the City Departments concerned and submitted to the Council, in order to complete the dedication within one (1) year. If the offer is rejected by the Council or not processed within one (1) year, the City Engineer shall issue a release from such offer which shall be recorded in the Office of the County Recorder unless the parties making the offer wish to have the time extended.

b. Disposition. For the purpose of this Section, dedication shall be considered as satisfactorily assured when the City Engineer accepts for recordation the offer to dedicate provided for herein. When the City Engineer accepts the offer to dedicate, he shall so notify those City Departments from which the applicant is required to obtain permits.

2. Improvement.

a. Processing. Any person required to make improvements by the provisions of this Section shall either make and complete the same to the satisfaction of the City Engineer or shall file with the City Engineer a bond in such an amount as the City Engineer shall estimate and determine to be necessary to complete all of the improvements. Provisions governing the issuance and filing of bonds shall be as follows:

1. Bonds may be posted either as a cash bond or a bond executed by a company authorized to act as a surety in the State of California. The bond shall be payable to the City and be conditioned upon the faithful performance of any and all work required to be done, and should such work not be done or completed within the time specified, the City may at its option cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by the owner of the lot as principal, and if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of the State. The bond shall be in such form as it is approved by the City Attorney.

2. Whenever the owner elects to deposit a cash bond, the City is authorized, in the event of any default on the owner's part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner. In the event that the work necessary shall cost more than the money deposited, the owner shall be responsible for said deficiency.

3. When a substantial portion of the required improvement has been completed to the satisfaction of the City Engineer and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the City Engineer may recommend that the completed portion be accepted by the Council and may recommend that the Council consent to a proportionate reduction in the surety bond in an amount estimated and determined by the City Engineer to be adequate to assure the completion of the required improvements remaining to be made.

4. Whenever a surety bond has been filed in compliance with this Section, the City is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damages sustained by the City by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof.

5. The term of the bond shall begin on the date of the deposit of cash or the filing of the surety bond and shall end upon the date of the completion to the satisfaction of the City Engineer of all improvements to be made and accepted by the Council. The fact of such completion shall be endorsed by a statement thereof signed by the City Engineer, and the deposit shall be returned to the owner, or the surety bond may be exonerated at any time thereafter.

b. Disposition. For the purpose of this Section, improvements shall be considered as satisfactorily assured when the City Engineer accepts the cash or surety bond provided for herein or the improvements required to be made have been completed to the City Engineer's satisfaction. When the City Engineer accepts the bond or the work has been completed to his satisfaction, the City Engineer shall so notify those City Departments from which the applicant is required to obtain permits.

3. Appeals.

a. City Council. Any person required to dedicate land or make improvements under the provisions of this Section may appeal any determination made by the City Engineer in the enforcement or administration of the provisions of this Section to the City Council. Such an appeal shall be in writing, shall state in clear and concise language the grounds therefor, and shall be filed with the City Clerk within ten (10) days of the date of the City Engineer's determination which is the subject of the appeal. Within twenty (20) days from the date of the filing of such an appeal, the City Engineer shall transmit the appeal together with all relevant file information and his report and recommendation thereon to the Council.

(b) Processing and Disposition. Appeals to the Planning Commission and Council made pursuant to this Section shall be conducted in the time and manner prescribed in Section 10353(E); provided, however, that no fees shall be charged and no public hearing or notice of the manner need be given. The Council may make such modifications in the requirements of this Section or may grant such waivers or modifications of the determinations which are appealed to it as they shall determine are required to prevent any unreasonable hardship under the facts of each case so long as each such modification or waiver is in conformity with the general spirit and intent of the requirements of this Section.

4. Fulfillment. When all dedication and improvements required by this Section have been completed or satisfactorily assured, permits, subdivision maps and all other discretionary approvals required by operation of this code may thereafter be issued and granted.

C. Standards and Criteria.

1. Limits of Dedication. The maximum area of land required to be dedicated pursuant to this Section shall not exceed twenty-five percent (25%) of the area of any such lot which was of record on the effective date of this Section in the Office of the County Recorder. In no event shall such dedication reduce the lot below the minimum width required by operation of this Article or any area of six thousand (6,000) square feet.

2. Limits of Improvement. No additional improvements shall be required on any lot where complete roadway, curb, gutter and sidewalk improvements exist within the present dedication contiguous thereto. Where necessary to make use of the dedicated right-of-way, the undergrounding of overhead utilities may be required as part of the improvement of such right-of-way under this Section.

3. Construction Standards. All major and secondary highways shall be constructed and improved in accordance with the standards contained in the then current standard specifications for public works construction adopted pursuant to Article VI, Chapter 1 of this code. All improvements required to be made by the provisions of this Section shall be done according to said specifications and such special standards as shall be set by the City Engineer.

4. Lot Development Standards. On a lot which is affected by street widening pursuant to the provisions of this Section, all required yards, setbacks, parking area, and all other development standards of the underlying zone district within which the lot is situated shall be measured and calculated from the new lot lines being created by said widening; provided, however, that for the purpose of establishing the required front yard depth on a frontage where the ultimate street line has been determined under the provisions of this Section, the depth of all existing front yards may be measured from such ultimate street boundary instead of the front lot line. In applying all other provisions of this Article, the area of such lot shall be considered as that which existed immediately prior to such required street widening.

5. Alignment Determinations. Whenever uncertainty exists as to the proper application of the provisions of this Section in the matter of street alignment, the City Engineer shall determine their application in conformity with the spirit and intent of this Section.

6. Fees and Improvement Cost. Notwithstanding any other provision of this code to the contrary, no fee shall be charged for the rendering of any service by the City in connection with dedication or improvement required by the provisions of this Section and not a part of a subdivision proceeding. Upon proper application to the Council and upon recommendation of the City Engineer, the City may accept and provide for the contribution toward the cost of making any improvement required by the provisions of this Section which the City Engineer determines will cost an amount greatly in excess of the cost to other property owners who are required to make improvements under the provisions of this Section in the immediate vicinity of the improvement.

D. Exemptions. The provisions of this Section shall not apply to the following types of projects and classes of development:

1. Residential Alterations. Additions and accessory buildings incidental to a residential building legally existing on a lot, provided no additional dwelling units or guest rooms are created.

2. Commercial Alterations. Additions and accessory buildings incidental to other than a residential building existing on the lot on January 6, 1968, provided that the total cumulative floor area of all such additions and accessory buildings shall not exceed two hundred (200) square feet.

(Ord. 579 § 6 (12), 1992)

A. General. The purpose of this Section is to establish reasonable and uniform limitations, safeguards and controls for oil and gas exploration and production facilities and operations within the City. These regulations are adopted in the public interest to effect practices which will provide for a more economic recovery of oil, gas and other hydrocarbon substances, and which will ensure that development activities will be conducted in harmony with other uses of land within the City under which the rights of surface and mineral owners are balanced. It is contemplated that areas within the City may be explored for gas and oil by directional drilling methods through which surface drilling and production operations are limited to a few controlled drilling sites so located and spaced as to cause the least detriment to the community and to the public health, safety, comfort, and general welfare.

B. Definitions. Unless otherwise defined herein, or unless the context clearly indicates otherwise, the definition of petroleum-related terms shall be that used by the Division of Oil and Gas of the State of California.

1. Controlled Drilling Site. Within the context of this Section, the term "controlled drilling site" means that particular location upon which surface operations incident to oil or gas well drilling or deepening and the production of oil or gas or other hydrocarbon substances may be permitted.

2. Directional Drilling. Within the context of this Section, the term "directional drilling" shall mean whipstocking, or slant drilling from a controlled drilling site.

3. Operator. Within the context of this Section, the term "operator" means all persons, corporations and other legal entities who, acting under the authority vested in a petitioner, erects, conducts, or performs any oil or gas related use, operation or facility within an approved Oil Drilling District.

4. Petitioner. Within the context of this Section, the term "petitioner" means all persons, corporations and other legal entities who, pursuant to the provisions of this Section, petition the City for the establishment of an Oil Drilling District.

5. Sensitive Uses. Within the context of this Section, the term "sensitive uses" means all permitted and conditional uses allowed within Residential (R) and Park Reserve (P-R) Zones as listed in this Article.

C. Oil Drilling Districts. No oil or gas related use, operation or facility shall be permitted within the City unless such use, operation or facility is conducted within an approved Oil Drilling District in compliance with the conditions adopted pursuant thereto and development standards prescribed herein.

1. Establishment of Districts. The procedure for the establishment of Oil Drilling Districts shall be the same as that prescribed in Section 10004 for the amendment of zone boundaries. The Director of Community Development shall prescribe a form of petition which shall include such requests for information as may be required to permit a full consideration of the merits of the request and operating conditions to be imposed hereunder.

a. Development Plan. For the purpose of Section 10352(C)(5), a development plan shall accompany all applications for the establishment of Oil Drilling Districts, which plan shall include the following information:

1. The location of drilling and/or production sites, storage tanks, pipelines and access roads.

2. Plans for the consolidation, to the maximum extent feasible, of drilling and/or production facilities, together with accessory facilities.

3. A phasing plan for the staging of development which indicates the approximate anticipated time table for project installation, completion and decommissioning.

4. A plan for eliminating or substantially mitigating adverse impacts on surrounding land uses including scenic resources and archaeological sites due to siting, construction, or operation of facilities.

5. Grading plans for all facilities requiring the movement of greater than fifty (50) cubic yards of dirt.

6. A description of means by which all oil and gas will be transported off-site to a marketing point.

7. A description of the procedures for the transport and disposal of all solid and liquid waste.

8. Oil spill prevention and control measures.

9. Fire prevention procedures.

10. Emission control equipment.

11. Procedures for the abandonment and restoration of the site.

12. Compliance with any other requirement of this code related to oil and gas development.

b. Minimum Requirements. An Oil Drilling District shall not be established unless it meets the following requirements:

1. Each District shall not be less than sixty (60) acres in area and may not include land included within any other Oil Drilling District.

2. Not more than one (1) Controlled Drilling Site shall be permitted for each sixty (60) acres in any Oil Drilling District and such site shall not be larger than two (2) acres.

3. The number of wells which may be drilled from any Controlled Drilling Site shall not exceed one (1) well for each five (5) acres in the Oil Drilling District.

4. No petition for a establishment of an Oil Drilling District may be granted unless the petition is signed by persons having the proprietary or contractual authority to extract oil under the surface of at least fifty-one percent (51%) of the property in the Oil Drilling District proposed.

c. Conditions of Development. In addition to the Development Standards prescribed in Section 10207(C)(2), conditions may be imposed requisite to creation of any Oil Drilling District as are necessary and reasonable to ensure that the operations to be conducted within such District shall not adversely affect the health, safety, or welfare of any resident of the City, shall not adversely affect the value of property located within such District, shall not constitute a nuisance, and shall not create such a condition of noise, odors, air emissions, vibrations, or other factors of nuisance and annoyance as to disturb residents or persons doing business within such District, and if potentially injurious or detrimental effects cannot be mitigated by the imposition of reasonable conditions, then the petition for the creation of such District shall be denied.

1. General Guidelines. The general guidelines which follow shall be used in the development of conditions which will help ensure that oil development projects generate minimal negative impacts on the environment. These guidelines shall be applied whenever physically and economically feasible and practicable, unless the strict application of a particular guideline would otherwise defeat the intent of other guidelines. A petitioner should use these guidelines in the design and development of a project and anticipate their use as conditions requisite to creation of an Oil Drilling District, unless the petitioner can demonstrate that they are not feasible or practicable.

a) Oil Drilling Districts and Controlled Drilling Sites should coincide and should only be as large as necessary to accommodate typical drilling and production equipment in fields of exploration.

b) Controlled Drilling Sites and production facilities should be located so that they are not readily visible.

c) Pipelines should be used to transport petroleum products off-site to promote traffic safety and air quality.

d) Gas from wells should be piped to centralized collection and processing facilities, rather than being flared, to preserve energy resources and air quality and to reduce fire hazards and light sources.

e) Oversized vehicles should be preceded by lead vehicles, where necessary for traffic safety.

f) Lighting should be kept to a minimum to approximate normal night time light levels.

g) In general, projects should be located, designed and operated so as to minimize their adverse impact on the physical and social environment. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts and other factors of nuisance and annoyance should be reduced to a minimum or eliminated through the best accepted practices incident to the exploration and production of oil and gas.

2. Applicability. The creation of an Oil Drilling District shall not relieve a petitioner or operator of the responsibility of securing and complying with any other permit which may be required by other City Ordinances, or State or Federal laws. No condition imposed upon the creation of an Oil Drilling District shall be interpreted as permitting or requiring any violation of law, or any lawful regulations or rules or orders of any authorized governmental agency. In instances where more than one (1) set of rules apply, the stricter one shall take precedence. Nothing herein shall be construed or interpreted as to restrict or limit the types of conditions which may be imposed upon operation or physical conditions within any Oil Drilling District.

2. Development Standards. The Development Standards specified below constitute minimum standards and criteria which apply to all Oil Drilling Districts. More restrictive requirements may be imposed as are necessary and appropriate pursuant to Section 10207(C)(1)(c).

a. Setbacks. No well shall be drilled and no equipment or facilities shall be permanently located within:

1. One-hundred (100) feet of any dedicated public street, highway, or nearest rail of a railway being used as such.

2. Five-hundred (500) feet of any building or dwelling not necessary to the operation of the well, unless a waiver is signed by all the occupants of said structures, allowing the setback to be reduced. In no case shall the well be located less than one-hundred (100) feet from said structures.

3. Five-hundred (500) feet of any building used as a place of public assemblage, institution, or school, unless a waiver is signed by the owners of said facilities, allowing the setback to be reduced. In no case shall the well be located less than three- hundred (300) feet from said structures.

4. Three-hundred (300) feet from the edge of the existing banks of "Red Line" channels as established by the Ventura County Flood Control District and one-hundred (100) feet from the existing banks of all other channels appearing on the most current United States Geological Service 2,000′ scale topographic map as a blueline. These setbacks shall prevail unless it can be demonstrated to the satisfaction of the Public Works Agency of the County of Ventura that the subject use can be safely located near the stream or channel in question without posing an undue 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 fifty (50) feet. All drill sites located within the 100-year flood plain shall be protected from flooding in accordance with Flood Control District requirements.

5. The applicable setbacks for accessory structures for the zone in which the use is located.

b. Obstruction of Drainage Courses. Drill sites and access roads shall not obstruct natural drainage courses, unless such courses are diverted or channeled subject to approval and specification of the Director of Public Works.

c. Removal of Equipment. All equipment used for drilling, redrilling, and maintenance work on approved wells shall be removed from the site within thirty (30) days of the completion of such work.

d. Containment of Contaminates. Oil, produced water, drilling fluids, cuttings, and other contaminates associated with the drilling, production, storage, and transport of oil shall be contained on the site unless properly transported off-site or injected into a well. The petitioner, in conjunction with the Development Plan required pursuant to Section 10207(C)(1)(a), shall furnish plans for controlling oil spillage and preventing saline or other polluting or contaminating substances from reaching surface or subsurface waters. Said plans shall be consistent with the requirements of all governmental agencies having jurisdiction.

e. Securities. Prior to the commencement of drilling or other uses within an approved Oil Drilling District, each operator shall file, in a form acceptable to the City Attorney and certified by the City Clerk, a bond or other security in the penal amount of not less than $10,000.00 for each well that is drilled or to be drilled. Any operator may, in lieu of filing such a security for each well drilled, redrilled, produced or maintained, file a security in the penal amount of not less than $10,000.00 to cover all operations conducted in the City, conditioned upon the operator well and truly obeying, fulfilling and performing each and every term and provision governing the Oil Drilling Districts within which the operator is to perform. In cases of any failure by the operator to perform or comply with any term or provision thereof, the City Council may, after notice to the operator and a public hearing, by resolution, determine the amount of the penalty and declare all or part of the security forfeited in accordance with its provisions. The sureties and principal will have joint and severable obligation to pay forthwith the amount of the forfeiture to the City. The forfeiture of any security shall not insulate the operator from liability in excess of the sum of the security for damages or injury, or expense or liability suffered by the City from any breach by operator of any term or condition imposed herein or of any applicable ordinance or of the security. No security shall be exonerated until after all the applicable conditions of the Oil Drilling District have been complied with.

f. Dust Prevention. The drill site and all roads or hauling routes located between the public right-of-way and the subject site shall be improved or otherwise treated as required by the City and maintained as necessary to prevent the emanation of dust.

g. Light Emanation. Light emanation shall be controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses.

h. Reporting Accidents. All operators shall immediately notify the Director of Community Development, Chief of Police and Fire Department and all other applicable agencies in the event of fire, spills or hazardous conditions not incidental to the normal operations at the project site. Upon request of any City Department, the operator shall provide a written report of any incident within seven (7) calendar 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 reoccurrence of the incident.

i. Painting. All permanent facilities, structures, and above ground pipelines on the site shall be colored so as to mask the facilities from the surrounding environment and uses in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the Director of Community Development prior to painting of said facilities.

j. Site Maintenance. The site of all oil and gas related uses, operations and facilities within approved Oil Drilling Districts 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. Equipment and materials may be stored on the site which are appurtenant to the operation and maintenance of the oil well located thereon. If the well has been suspended, idled or shut-in for thirty (30) days, as determined by the Division of Oil and Gas, all such equipment and materials shall be removed within ninety (90) days.

k. Site Restoration. Within ninety (90) days of revocation, expiration, or surrender of any entitlement for use, operation or facility within an approved Oil Drilling District, or abandonment of the same, the operator shall restore and revegetate the premises to as nearly as original condition as is practicable, unless otherwise requested by the land owner.

l. Insurance. Each operator shall maintain, for the duration of operations conducted within an approved Oil Drilling District, liability insurance of not less than $500,000 for one person and $1,000,000 for all persons and $2,000,000 for property damage. This requirement shall not preclude an operator from being self-insured.

m. Noise Standard. Unless herein exempted, drilling, production, and maintenance operations conducted within an approved Oil Drilling District shall not produce noise, measured at a point outside of occupied sensitive uses that exceeds the following standard or any other more restrictive standard that may be established as a condition of such Oil Drilling District. Noise from the project site shall be considered in excess of the standard when the average sound level, measured over one (1) hour, is greater than the standard that follows. The determination of whether a violation has occurred shall be made in accordance with the provisions of the conditions imposed upon the Oil Drilling District within which the alleged violation has occurred.

Average Noise Levels (LEQ)

For purposes of this Section, a well is in the "producing phase" when hydrocarbons are being extracted or when the well is idled and not undergoing maintenance. It is presumed that a well is in the "drilling and maintenance phase" when not in the "producing phase." Nomenclature and noise level descriptor definitions are in accordance with ANSI Sec. 3.33-1980, "Second Level Descriptors for Determination of Compatible Land Use." Measurement procedures shall be in accordance with the adopted "Noise Measurement Guidelines and Procedures."

n. Exceptions to Noise Standard. The noise standard established pursuant to Section 10207(C)(2)(m) shall not be exceeded unless exempted under any of the following provisions:

1. Where the ambient noise level exceed the applicable noise standards. In such cases, the maximum allowable noise levels shall not exceed the ambient noise levels.

2. Where the owners and occupants of sensitive uses have signed a waiver pursuant to Section 10207(c)(2)(s) indicating that they aware that drilling and production operations could exceed the allowable noise standard and that they are willing to experience such noise levels. The applicable noise levels shall apply at all locations where the owners and occupants did not sign such a waiver.

o. Compliance With Noise Standard. When an operator has been notified by the Department of Community Development that his operation is in violation of the applicable noise standard, he shall correct the problem as soon as possible in coordination with the Department of Community Development. If the noise problem has not been corrected by 7:00 p.m. of the following day, the offending operations, except for those deemed necessary for safety reasons by the Director of Community Development upon the advice of the Division of Oil and Gas, shall be suspended until the problem is corrected.

p. Preventative Noise Insulation. If drilling, redrilling, or maintenance operations, such as pulling pipe or pumps are located within 1,600 feet of an occupied sensitive use, the work platform, engine base and draw works, ground block, power sources, 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 applicable to the Oil Drilling District. Such soundproofing shall be installed prior to commencement of drilling or maintenance activities. The requirements may be waived if the operator can demonstrate that the applicable noise standard can be met or that all parties within the prescribed distance sign a waiver pursuant to Section 10207(c)(2)(s).

q. Hours of Well Maintenance. All non-emergency maintenance of a well, such as the pulling of pipe and replacement of pumps, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. of the same day if the well site is located within 3,000 feet of an occupied residence. The requirements may be waived by the Director of Community Development if the operator can demonstrate that the applicable noise standards can be met or that all applicable parties within the prescribed distance has signed a waiver pursuant to Section 10207(c)(2)(s).

r. Limited Drilling Hours. All drilling activities shall be limited to the hours of 7:00 a.m. through 7:00 p.m. of the same day when they occur less than eight hundred (800) feet from an occupied sensitive use. Night time drilling shall be permitted if it can be demonstrated to the satisfaction of the Director of Community Development that applicable noise standards can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to Section 10207(c)(2)(s).

s. Waivers. Where provisions exist for the waiver of a Development Standard prescribed in this Section, the waiver must be signed by all adult occupants of a dwelling, or in the case of other sensitive uses, by the owner of the use in question. Once a waiver is granted, the operator is exempt from the corresponding Development Standard for the duration of time which the operator performs operations within an approved Oil Drilling District. Unless otherwise stated by the signatory, a waiver signed pursuant to Section 10207(C)(2)(n) shall also be considered a waiver applicable to Sections 10207(C)(2)(p), (q), and (r).

t. Application of Sensitive Use Related Standards. The imposition of regulations on oil and gas operations, which are based on distances from occupied sensitive uses, shall only apply to those occupied sensitive uses which were in existence at the time of establishment of an Oil Drilling District; provided, further that waivers duly executed pursuant to Section 10207(c)(2)(s) shall bind all subsequent owners and occupants of sensitive uses until cessation of the use, operation or facility to which such waiver pertains.

u. Pipelines. When feasible, pipelines shall be routed to avoid areas of sensitive use. Unavoidable routing through such areas shall be done in such a manner as to minimize the impacts of a spill, should it occur, by considering spill volumes, durations, and projected path. Pipeline segments shall be isolated, in the case of a break, by automatic shut-off valves. In addition, the following provisions shall apply:

1. Biological Impaction. Prior to installation, a survey by a qualified expert in biological resources shall be conducted along the route of any pipeline to determine what, if any, biological resources may be impacted by construction and operation of a pipeline and to recommend any feasible mitigation measures. The cost of the survey shall be borne by the petitioner pursuant to Section 10207(C)(1), and may be conducted as part of environmental review pursuant to Section 10352(B)(2)(b). The recommended mitigation measures shall be incorporated as part of the establishment of an Oil Drilling District.

2. Geological Impaction. Prior to installation, geologic investigations shall be performed by qualified geologist or engineering geologist where a proposed petroleum pipeline route crosses potential faulting zones, seismically active areas, or other such areas of similar geologic risk. This report should investigate the potential risk and recommend such mitigation measures as pipeline route changes and/or engineering measures to help assure the integrity of the pipeline and minimize erosion, geologic instability, and substantial alterations of the natural topography. The recommended measures shall be incorporated as part of the approval of an Oil Drilling District. New pipeline corridors should be consolidated with existing pipeline or electrical transmission corridors where feasible unless there are overriding technical constraints or significant social, aesthetic, environmental, or economic reasons to do otherwise.

3. Site Restoration. Upon completion of pipeline construction, the site shall be restored to the approximate previous grade and condition. All sites previously covered with natural vegetation shall be reseeded with the same or recovered with the previously removed vegetative materials and should include other measures deemed necessary to prevent erosion until the vegetation can become established.

(Ord. 579 § 6 (2) (part), (14), 1992)