§ 35.52 — Santa Barbara County Planning Code

35.52.010 - Purpose ¶

This Chapter identifies the types of oil and gas facilities that are allowed within certain zones established by Section 35.14.020 (Zoning Map and Zones); determines required types of permits and plans; and provides regulations for the operation of the oil and gas facilities.

35.52.020 - Voter Approval - Facilities on South Coast That Support Offshore Oil and Gas Activities

A.

Projects and facilities subject to voter approval. Any legislative approvals (e.g., zoning amendment, Comprehensive Plan amendment, Development Plan, or other legislative action) which would authorize or allow the development, construction, installation, or expansion of an onshore support facility for offshore oil and gas activity on the South Coast of the County of Santa Barbara (from Point Arguello to the Ventura County border) shall not be final unless such authorization is approved, in the affirmative, by a majority of the votes cast by the voters of the County of Santa Barbara in a regular election. For the purposes of this Chapter, the term "onshore support facility" means a land use, installation, or activity proposed to effectuate or support the exploration, development, production, or storage, processing, or other activities related to offshore energy resources.

B.

Excluded projects and facilities. The voter approval requirement set forth in Subsection A. above, shall not apply to onshore pipeline projects or to onshore support facilities that are located entirely within an existing approved consolidated oil and gas processing site at Las Flores Canyon (designated as of June 13, 1995 as APN 081-220-14, 081-230-19) or the former consolidated oil and gas processing site at Gaviota (designated as of June 13, 1995 as APN 081-130-07, 081-130-52, 081-130-53).

Expiration. The terms, policies, and zoning amendments identified in this Section shall expire at the end of 25 years after September 20, 1996 unless extended by the Board or by another vote of the electorate.

D.

Administrative Guidelines. See Appendix B - Administrative Guidelines for Implementing Measure A96 - Voter Approval Initiative.

35.52.030 - Definitions ¶

Unless otherwise defined within this Chapter, the definitions of energy and petroleum related terms shall be those identified in County Code Chapter 25 (Oil and Petroleum Wells), Section 25-3 (Definitions).

35.52.040 - Allowed Uses and Permit/Plan Requirements ¶

A.

Types of allowed energy facility uses and zones where allowed. Table 5-1 (Allowed Uses and Permit/Plan Requirements for Oil and Gas Facilities) identifies the types of oil and gas facilities that are allowed and the zones in which they are allowed. The "Use" column in the table provides references to specific code sections that further describe and define the uses. The "Permit Required by Zone" column indicates the zones in which oil and gas facilities are allowed.

B.

Permit and plan requirements. In addition, Table 5-1 (Allowed Uses and Permit/Plan Requirements for Oil and Gas Facilities) identifies the permit requirements and the plan requirements for oil and gas facility uses. Proposed oil and gas facilities shall comply with the permit requirements and plan requirements, in addition to other permits required by the County Code. Table 5-1 provides for energy facility uses that are:

1.

Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a Land Use Permit Section 35.82.110 (Land Use Permits). These are shown as "P" uses in the table.

2.

Allowed subject to the approval of a Conditional Use Permit Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits), and shown as "CUP" uses in the table.

3.

Allowed subject to the approval of an Oil Drilling and Production Plan or a Final Development Plan, and shown as specific Section names and Section numbers in the "Required Plan" column in the table.

4.

Not allowed in particular zones and shown as "—" in the table.

Allowed subject to specific development standards and other requirements included in the Section umber included in the "Specific Use Regulations" column in the table.

TABLE 5-1 Allowed Uses and Permit/Plan Requirements for Oil and Gas Facilities	TABLE 5-1 Allowed Uses and Permit/Plan Requirements for Oil and Gas Facilities	TABLE 5-1 Allowed Uses and Permit/Plan Requirements for Oil and Gas Facilities	TABLE 5-1 Allowed Uses and Permit/Plan Requirements for Oil and Gas Facilities	TABLE 5-1 Allowed Uses and Permit/Plan Requirements for Oil and Gas Facilities	P Permitted use, Land Use Permit required CUP Conditional Use Permit required — Use Not Allowed	P Permitted use, Land Use Permit required CUP Conditional Use Permit required — Use Not Allowed	P Permitted use, Land Use Permit required CUP Conditional Use Permit required — Use Not Allowed	P Permitted use, Land Use Permit required CUP Conditional Use Permit required — Use Not Allowed	P Permitted use, Land Use Permit required CUP Conditional Use Permit required — Use Not Allowed	P Permitted use, Land Use Permit required CUP Conditional Use Permit required — Use Not Allowed	P Permitted use, Land Use Permit required CUP Conditional Use Permit required — Use Not Allowed
LAND USE (1)	PERMIT REQUIRED BY ZONE											Specifc Use
	AG-I	AG-II	RES	RR	C-2	C-3	REC	M-1	M-2	M-RP	M-CR	Regulations
Drilling and Production of Onshore Oil and Gas Reservoirs	CUP	P (2)(3) (4)	CUP	CUP	CUP	CUP	CUP (5)	CUP	P (2)(3) (4)	CUP	P (2)(3) (4)	35.52.050
Treatment and Processing Facilities	CUP (6)(7)	CUP (6)(7)	—	—	—	—	—	—	P (6)	—	P (6)	35.52.060
Refning	—	—	—	—	—	—	—	—	P (6)(8) (9)	—	—	35.52.070
Oil and Gas Pipelines	Allowed in all zo		nes identifed in Article 35.2 (Zones and Allowable Land Uses) P(6)									35.52.080

Notes:

Sections 35.52.050, 35.52.060, 35.52.070 and 35.52.080 further describe and define the uses allowed as Drilling and Production of Onshore Oil and Gas Reservoirs, Treatment and Processing Facilities, Refining, and Oil and Gas Pipelines.

(2) ;hg;Oil Drilling and Production Plan in compliance with Section 35.52.050 required. See Section 35.53.040 for specific application requirements. In the M-2 and M-CR zones a Development Plan in compliance with Section 35.82.080 is not required in addition to the Oil Drilling and Production Plan.

(3) ;hg;See Subsection 35.52.050.C (Criteria and standards for exemption of oil/gas drilling projects from approval of Oil Drilling and Production Plan).

(4) ;hg;In the AG-II, M-2, or M-CR zones, accessory equipment, excluding the installation of hydraulic fracturing, water flooding or steam injection systems using fresh groundwater, incidental to existing production facilities, shall not require Land Use Permits when the installation of the equipment shall not require grading or expansion of the site.

(5) ;hg;Use may be approved only within a County park and subject to the requirements of County Code Section 25-4(d) (Permits generallyProhibited) (Petroleum Ordinance).

(6) ;hg;Final Development Plan in compliance with Section 35.82.080 required. See Section 35.53.030 for specific application requirements. (7) ;hg;Conditional Use Permit in compliance with Section 35.82.060 is also required for treatment and processing facilities for oil and gas obtained from an onshore area.

(8) ;hg;Conditional Use Permit in compliance with Section 35.82.060 is also required.

(9) ;hg;Based on Commission Resolution 67-22, adopted by the Board on April 12, 1967, facilities for oil refining shall not be allowed in the portion of Santa Barbara County east of Point Conception and south of the ridge line of the Santa Ynez mountains.

35.52.050 - Oil Drilling and Production ¶

This Section describes oil drilling and production uses that are subject to regulation and provides standards for their location and operation.

A.

Applicability. The regulations contained within this Section shall apply to equipment, structures, and appurtenances necessary for the exploration and production of oil and gas resources from an onshore area including:

The drilling of a new well.

2.

Facilities for the new production of oil and gas from a well.

3.

Reentering a previously abandoned well for the production of oil and gas.

4.

Structures, equipment, or facilities necessary and incidental to the separation of oil, gas, and water obtained from an onshore area (e.g., oil and gas separation plant).

5.

Injection wells and incidental equipment necessary for enhanced oil recovery or disposal of production wastes including equipment and facilities necessary for waterflooding, steam injection, air injection, carbon dioxide injection, or introduction of polymers or other agents.

6.

Pipelines that are incidental to production operations.

7.

Storage tanks necessary or incidental to oil and gas separation, or temporary storage of separated hydrocarbons, and equipment for transfer of the produced hydrocarbons to pipelines or tanker trucks.

8.

Proposed access roads.

9.

Oil spill containment and recovery equipment including central office space and vehicles for the storage of floating air/water separators, pumps, generators, hosing, assorted absorbent materials, steam cleaners, storage tanks, and other land and wildlife cleanup equipment.

10.

Collocated treatment and processing facilities located on the drill site in AG-II, M-2 and M-CR, zones determined by the Commission to be incidental to proposed production operations.

11.

Hydraulic fracturing of any new or existing well.

B.

Development standards for oil and gas drilling and production.

1.

Standards applicable to all drilling and production. The following standards shall apply to all projects:

a.

Zone regulations not applicable. The regulations in Article 35.2 (Zones and Allowable Land Uses), for the applicable zones in which oil and gas drilling and production are allowed, shall not apply to the oil and gas drilling and production activities and uses. See Table 5-1 (Allowed Uses and Permit/Plan Requirements for Oil and Gas Facilities) above.

b.

Setbacks. In addition to the well spacing and setback requirements of County Code Chapter 25 (Petroleum Code), Section 25-21 (Spacing and location), oil or gas drilling or related facilities shall not be allowed within 500 feet of an occupied residence within a residential or commercial zone.

c.

Maximum site size. In order to minimize the area disturbed for drilling, the drill site shall not exceed one acre in size unless review authority finds that additional area is necessary.

d.

Consolidation or collocation. Oil and gas production and related facilities shall be consolidated or collocated to the maximum extent feasible in order to minimize the area of disturbance.

e.

Grading. Grading and alteration of natural drainage patterns shall be minimized to preserve the natural contour of the lands.

f.

Outdoor lighting. Lights shall be shielded to ensure that lighting is confined to the project site.

g.

Noise. Drilling or production operations that are within or adjacent to a lot zoned residential or commercial shall not exceed a maximum daytime noise level of 65 dB(A) and shall not be conducted between the hours of 9 p.m. and 7 a.m. of the next day, unless noise generating facilities are sufficiently insulated to reduce the outside night time level to 50 dB(A) at or beyond the project property boundary.

h.

Noise sensitive locations. Production facilities shall be designed and housed to ensure the noise generated by the facilities as measured at any noise sensitive location shall be equal to or below the existing noise

level of the that noise sensitive location. Measures to reduce adverse impacts (due to noise, vibration, etc.) to the maximum extent feasible shall be used for facilities located adjacent to noise sensitive locations as identified in the Noise Element of the Comprehensive Plan (e.g., use of electrical hydraulic surface pumping units).

i.

Truck operation hours and routes. It shall be prohibited to operate trucks exceeding one and a half tons for use in oil and gas operations between the hours of 9 p.m. and 7 a.m. upon streets within a residential neighborhood. This prohibition shall not apply in an emergency as determined by the County Sheriff, Fire Department, or Petroleum Administrator. This regulation shall go into effect and apply to streets and parts of streets only after signs giving notice of the prohibition are posted at entrances to the affected streets or parts of streets. Truck routes shall be reviewed for proposed oil and gas facilities to ensure that oil field support traffic is not routed through residential neighborhoods, unless alternative routes do not exist.

j.

Screening from designated scenic highway. Production equipment and facilities shall be recessed, covered, or otherwise screened from view from a designated Scenic Highway that is indicated on the Scenic Highway Element Map (GP-23).

k.

Odors. Noxious odors associated with the project shall not be detectible at the project property boundary.

l.

Abandonment. In addition to the requirements for abandonment and removal of equipment in County Code Chapter 25 (Petroleum Code) Sections 25-31 (Well abandonment and lease restoration procedure) and 2532 (Removal of drilling and service equipment), the site upon well abandonment shall be recontoured, reseeded, and landscaped to approximate original conditions or other conditions recommended by the applicant or property owner and approved by review authority. The Department shall determine compliance with this provision.

2.

Additional standards applicable to production operations. In addition, the following development standards may be applied to production operations to the extent deemed necessary by the review authority:

a.

Screening and landscaping. Following drilling and testing of the reservoir, production equipment and facilities shall be recessed, covered, or otherwise screened from view. Trees or shrubbery shall be planted and maintained to develop attractive landscaping and to screen the site and production equipment, structures, tanks, and facilities on the site from public view, unless the 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 required in this Subsection.

Prevention of access. The site shall be enclosed with an adequate noncombustible type fence, wall, screen, or housing sufficient to prevent unauthorized access to the site and having a height of at least six feet, unless public access is prevented by reason of an isolated location.

c.

Monitoring system. A monitoring system to measure off-site impacts, including noise, vibration, odor, and air or water quality degradation, may be required as a condition of approval.

d.

Exterior color. Permanent structures and equipment shall be painted a neutral color in order to ensure they blend in with natural surroundings.

C.

Criteria and standards for exemption of oil/gas drilling projects from approval of Oil Drilling and Production Plan. Only a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) shall be required for oil and gas drilling that meets all of the criteria and standards listed below. See Subsection 35.53.030.D (Alternative filing requirements for Land Use Permit applications) below. For oil and gas drilling projects that do not meet the listed criteria, approval of an Oil Drilling and Production Plan shall be required. Development or land uses authorized through a Land Use Permit or Oil Drilling and Production Plan shall be established only as approved by the review authority and in compliance with the project description and any conditions of approval, except where a change to the project is approved pursuant to Section 35.84.040 of this Code.

1.

Location.

a.

The project is located on AG-II, M-2, or M-CR zoned property.

b.

The project is located within a State designated oil field.

c.

The project is located not closer than 100 feet to the top of the bank of a watercourse (shown as intermittent or perennial on U.S.G.S. 7.5 minute series topographic maps) or 200 feet from the top of the bank of the Santa Ynez, Santa Maria, Sisquoc, or Cuyama River.

d.

The project is located not closer than 1,000 feet to a zone other than AG-II, M-2, or M-CR.

e.

The project is not located on mapped historical or archaeological sites as maintained by the Department or identified during a site visit.

f.

The project is not located within a Scenic Highway corridor as designated on the Scenic Highway Element Map (GP-23).

g.

The project, if over one-half acre in site size, is not located on prime agricultural lands. However, if a drilling site of a project is less than one-half acre in size and the land is classified as prime agricultural land, the project may exceed the site size during the period of drilling operations but in no case for longer than 90 days. After drilling is complete, the site shall be restored for agricultural use. For the purposes of this provision, prime agricultural land shall mean land having a soil capability classification of I or II.

2.

Uses not proposed.

a.

Treatment or processing facilities are not proposed.

b.

Water flooding or steam injection using fresh groundwater for enhanced oil recovery is not proposed.

c.

Hydraulic fracturing.

3.

Resource conservation.

a.

The project shall not disturb mapped locations of rare or endangered, unusual or delicate habitats, prime examples of ecological communities, or scientific study areas, as maintained by the Department or identified during a site visit.

b.

The project shall not cause disruption to mapped historical or archaeological sites as maintained by the Department or identified during a site visit.

4.

No other significant impacts. The project shall not result in other potentially significant adverse impacts as determined by the Director.

35.52.060 - Treatment and Processing Facilities ¶

This Section describes treatment and processing facilities and uses that are subject to regulation and provides standards for their location and operation.

A.

Applicability. The requirements of this Section shall apply to structures, equipment, or facilities necessary and incidental to:

1.

Separation and/or dehydration of oil, gas, and water obtained from an offshore area.

2.

Treatment and/or processing plants, excluding those described under Section 35.52.050 (Oil Drilling and Production) above.

For the regulations listed under Subsection 35.55.040.B (Treatment and Processing Facilities - Findings for Development Plans approval within the South Coast Consolidated Planning Area) below, the terms "new production" or "new oil and gas production" or "new gas production" refer to:

3.

The development of oil and/or gas that, after June 10, 1988, requires new discretionary local, State, or Federal permits unless it is from an existing well or platform; or

4.

The development of oil and/or gas that, after June 10, 1988, requires approval of a new platform, or a new subsea or onshore well completion.

An operator who claims that a constitutionally protected vested right exists within the scope of existing permits to process new production at a facility that is not at a County designated consolidated site may apply to the Commission for a determination of exemption to allow processing of that production at the nonconsolidated site.

The request shall be accompanied by evidentiary support reasonably available at the time of filing. The Commission shall hold a hearing on the request within 60 days of filing. The Commission shall determine the scope of the applicant's existing permits and whether the applicant, by obtaining and relying on the permits before adoption of these policies, has acquired, under California law, a vested right to process new production at a facility other than a County designated consolidated site.

The Commission may continue the hearing either with the consent of the applicant and the Department, or to allow or require the applicant or the Department to submit additional evidence or legal analysis. More than 90 days total continuance shall not be granted unless the parties consent or the Commission finds that additional evidence is needed because a decision cannot feasibly be presented within the allotted

time. The Commission shall decide the matter within 30 days after the evidence and analysis has been submitted.

The applicant shall reimburse the County for all reasonable costs incurred in determining the claim of exemption.

B.

Development standards. In addition to the regulations in Article 35.2 (Zones and Allowable Land Uses) for the applicable zone in which treatment and processing facilities are allowed, the following standards shall apply.

1.

Noise. The level of noise generated by the facility at or beyond the property boundary shall not exceed 70 dB(A).

2.

Outdoor lighting. Lights shall be shielded to ensure that lighting is confined to the project site.

3.

Visible gas flares. Visible gas flares shall not be allowed except for emergency purposes unless deemed infeasible for a particular operator.

4.

Grading. Grading and alteration of natural drainages shall be minimized.

5.

Erosion. Adequate provisions shall be made to prevent erosion and flood damage.

6.

Prevention of access. The site shall be enclosed with a fence or wall to prevent unauthorized access.

7.

Truck operation hours and routes. It shall be prohibited to operate trucks exceeding one and a half tons for use in oil and gas operations between the hours of 9 p.m. and 7 a.m. of the next day upon streets within a residential neighborhood. This prohibition shall not apply in an emergency as determined by the County Sheriff, Fire Department, or Petroleum Administrator. This regulation shall go into effect and shall apply to streets or parts of streets only after signs giving notice of the prohibition are posted at entrances to the affected streets or parts of streets. Truck routes shall be reviewed for proposed oil or gas facilities to ensure that oil field support traffic is not routed through residential neighborhoods, unless alternative routes do not exist.

Noxious odors. Noxious odors associated with the facilities shall not be detectable at the property boundary.

9.

Equitable, nondiscriminatory access to consolidated facilities. Within the South Coast Consolidation Planning Area, operators and owners of County designated consolidated facilities and sites shall make their facilities and property available for commingled processing and consolidation of oil and gas facilities on an equitable and nondiscriminatory basis. If existing processing capacity is insufficient to accommodate proposed production and necessary new facilities are not allowed in compliance with the County's consolidated policies, operators of consolidated facilities shall reduce throughput on a pro-rata basis to accommodate other developers.

10.

Transportation of processed oil.

a.

Overland pipeline transport. Oil processed by facilities that receive oil from offshore fields exclusively or from both offshore and onshore fields shall be transported from the facility and the County to the final refining destination by overland pipeline, except in the case of highly viscous oil or during an emergency, as stipulated below. For the purposes of this Subsection, final refining destination shall mean a refinery in California where final refining of the subject oil into products is accomplished. In addition, oil shall be considered to reach its final refining destination if the oil has been:

(1)

Transported out of the State of California, and does not reenter before final refining; or

(2)

Transferred to truck or train after leaving the County by pipeline and does not re-enter the County by truck or train, and is not transferred to a marine terminal vessel for further shipment to a port in California before final refining.

b.

Other transportation methods. Transportation by a mode other than pipeline may be allowed only:

(1)

For that fraction of the oil that cannot feasibly be transported by pipeline; and

(2)

When the environmental impacts of the alternative transportation mode are required to be mitigated to the maximum extent feasible.

In all cases, the burden of proof as to the infeasibility of transport by pipeline and the need for alternative transportation modes shall be on the shipper.

c.

Highway or rail transport of highly viscous oil. A Development Plan may allow transportation of highly viscous oil by highway or rail only if the Director finds that the oil is so highly viscous that pipeline transport is infeasible, taking into account available options (e.g., modifications to existing pipelines, blending of natural gas liquids). This finding shall be in addition to findings required for approval of Development Plans in Subsection 35.82.080.E (Findings required for approval), Section 35.55.040 (Treatment and Processing Facilities - Findings for Development Plans).

d.

Emergency temporary transport by waterborne vessel. Temporary transport of oil by waterborne vessel may be authorized under an Emergency Permit if the Governor of the State of California declares a state of emergency in compliance with Public Resources Code Section 30262(a)(8) for an emergency that disrupts the pipeline transportation of oil produced offshore of the County. In this case, the oil transported by waterborne vessel shall be limited to that fraction that cannot feasibly be transported by pipeline. Transport by waterborne vessel shall cease immediately when it becomes technically feasible to resume pipeline transport.

11.

Additional standards if deemed necessary by Commission. In addition, the following development standards shall be applied to the extent deemed necessary by the Commission.

a.

Visual compatibility. The installation shall be visually compatible with the existing and anticipated surroundings by use of any or all of the following measures where applicable: buffer strips; depressions, natural or artificial; screen planting and landscaping continually maintained, and camouflage and/or blending colors.

b.

Monitoring system. A monitoring system to measure off-site impacts, including noise, vibration, odor, and air or water quality degradation, shall be required as a condition of approval.

12.

Facility and site abandonment within the South Coast Consolidation Planning Area. The County shall review permits that are approved after August 12, 1985 for new or modified oil and gas facilities when throughput, averaged (arithmetic mean) over any 12 consecutive months, does not exceed three percent of the facility's maximum permitted operating capacity. The review shall be conducted in a duly noticed public hearing to determine if facility abandonment or facility modifications are appropriate.

35.52.070 - Refining ¶

This Section describes refining facilities and uses that are subject to regulation and provides standards for their location and operation.

A.

Applicability. The regulations of this Section shall apply to structures, equipment, or facilities necessary and incidental to the refining of oil.

B.

Development standards. In addition to the regulations in Article 35.2 (Zones and Allowable Land Uses) for the applicable zones in which refining is allowed, the following standards shall apply.

1.

Compatibility with surroundings. The facilities shall be visually compatible with the existing and anticipated surroundings by use of any or all of the following measures where applicable: buffer strips; depressions, natural or artificial; screen planting and landscaping continually maintained; and camouflage and/or blending colors.

2.

Outdoor lighting. Lights shall be shielded to ensure that lighting is confined to the project site.

3.

Visible gas flares. Visible gas flares shall not be allowed except for emergency purposes unless deemed infeasible for a particular situation.

4.

Grading. Grading and alteration of natural drainages shall be minimized.

5.

Erosion. Adequate provisions shall be made to prevent erosion and flood damage.

6.

Prevention of access. The site shall be enclosed with a fence or wall to prevent unauthorized access.

7.

Monitoring system. A monitoring system to measure off-site impacts, including noise, vibration, odor, and air or water quality degradation, may be required as a condition of approval.

8.

Noxious odors. Noxious odors associated with the facility shall not be detectable at the property boundary.

Truck operation hours and routes. It shall be prohibited to operate trucks exceeding one and a half tons for use in oil and gas operations between the hours of 9 p.m. and 7 a.m. of the next day upon streets within residential neighborhoods. This prohibition shall not apply in an emergency as determined by the County Sheriff or Fire Department or Petroleum Administrator. This regulation shall go into effect and shall apply to streets or parts of streets only after signs giving notice of the prohibition are posted at entrances to the affected streets or parts of streets. Truck routes shall be reviewed for proposed oil or gas facilities to ensure that oil field support traffic is not routed through residential neighborhoods, unless alternative routes do not exist.

35.52.080 - Oil and Gas Pipelines ¶

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

Applicability.

1.

The regulations contained within this Section shall apply to:

Oil transmission and distribution pipelines.

b.

Gas transmission and distribution lines excluding public utility gas lines less than 12 inches in diameter.

c.

Wastewater pipelines excluding those that are incidental to and located within an onshore oil production lease area.

d.

Pipelines associated with offshore oil and gas production.

e.

Facilities related to the above pipelines (e.g., pumping stations).

2.

This Section shall not apply to pipelines that are incidental to oil and gas production operations covered by regulations in Section 35.52.050 (Oil Drilling and Production).

B.

Development standards.

Standards applicable to pipeline operations. The following standards shall apply to pipeline projects:

a.

Zone regulations not applicable. The regulations in Article 35.2 (Zones and Allowable Land Uses), for the applicable zones in which oil and gas pipelines are allowed, shall not apply to the oil and gas pipelines. See Table 5-1 (Allowed Uses and Permit/Plan Requirements for Oil and Gas Facilities Area) above.

b.

Delivery hours. Except in an emergency, materials, equipment, tools, or pipes shall not be delivered to or removed from a pipeline construction site through streets within a residential zone between the hours of 9 p.m. and 7 a.m. of the next day.

c.

Post-installation requirements. After completion of back filling and compacting of the pipeline ditch, the site shall be returned to grade where practical and the excess soil shall be removed to an appropriate disposal site.

d.

Drainage. During construction of the pipeline, there shall not be permanent blocking of surface drainages.

e.

Location of pipeline corridor. A pipeline corridor shall be sited so as to avoid significant impacts to resources (e.g., aquatic habitats, and archaeological areas) to the maximum extent feasible.

f.

Spills. Where pipeline segments carrying hydrocarbon liquids pass through sensitive resource areas (e.g., aquatic habitats) as identified by the project environmental review, provisions identified in the environmental review shall be applied to minimize the amount of liquids released in the sensitive areas in the event of a spill. The potential for damage in those areas shall be minimized by considering spill volumes, duration, and trajectories in the selection of a pipeline corridor. In addition, appropriate measures for spill containment and cleanup (e.g., catch basins to contain a spill) shall be included as part of the required emergency response plan.

g.

Burial within corridor. Permits for new pipeline construction shall require engineering of pipe placement and burial within a corridor to minimize incremental widening of the corridor during subsequent pipeline projects, unless the proposed route is determined to be unacceptable for additional pipelines.

2.

Additional development standards as deemed necessary by Commission. In addition, the following standards may be applied to the extent deemed necessary by the Commission:

a.

Performance security. A performance security shall be provided in an amount sufficient to ensure completion of requirements of the approved revegetation and restoration plan and shall be released upon satisfactory completion.

b.

Inspection of disturbed areas. Disturbed areas shall be jointly inspected by the applicant and staff 12 months after completion of construction to assess the effectiveness of the revegetation and restoration program. This inspection shall continue on an annual basis to monitor progress in returning the site to preconstruction conditions or until additional monitoring is not deemed necessary by the Department. Inspection results shall be submitted annually to the Department, and additional treatment of the site shall be applied as deemed necessary by the Department.

c.

Visual compatibility. Above-ground sections of the pipeline and related facilities, excepting those installed on a temporary basis for a testing period not to exceed 12 months, shall be visually compatible with the present and anticipated surroundings by use of any or all of the following measures where applicable: buffer strips; depressions, natural or artificial; screen planting and landscaping continually maintained; and camouflage and/or blending colors.

d.

Noise. Proposed facilities shall be designed and housed so that the noise generated by the facilities as measured at the property boundaries shall be equal to or below the existing noise level of the surrounding area except under temporary testing or emergency situations. Measures to reduce adverse impacts (e.g., due to noise, vibration) to the maximum extent feasible shall be used for facilities located adjacent to noise sensitive locations as identified in the Comprehensive Plan.

CHAPTER 35.53 - PERMIT REQUIREMENTS AND PLAN APPLICATIONS, PROCESSING, AND REVIEW

35.53.010 - Purpose

A.

Purpose. The purpose of this Chapter is to:

1.

Provide filing requirements and procedures for the discretionary review of:

a.

Oil Drilling and Production Plans. Oil Drilling and Production Plans for oil and gas drilling and/or production facilities that may, because of scale or location of development, have a potential to significantly impact natural resources or public health and safety.

2.

Provide additional or alternative filing requirements for Development Plans, Specific Plans, and Land Use Permits for certain types of development regulated under Article 35.5 (Oil and Gas, Wind Energy and Cogeneration Facilities).

B.

Intent. The intent of the requirements in this Chapter for the filing, processing, and review of Exploration Plans, Production Plans, and Oil Drilling and Production Plans and for the additional or alternative filing requirements for Development Plans, Specific Plans, and Land Use Permits is to ensure that impacts on natural resources from oil and gas drilling and production activities shall be minimized to the maximum extent feasible.