§ 35.53

A.

Applicability of Development Plans. Development Plans shall be required in compliance with Table 5-1 (Allowed Uses and Permit/Plan Requirements for Oil and Gas Facilities), and Table 5-2 (Allowed Uses and Permit/Plan Requirements for Wind Energy Facilities).

1.

Plan approval required before issuance of permits. A Development Plan shall be approved in compliance with the procedures in Section 35.82.080 (Development Plans) and with the additional filing requirements of Subsection 35.53.030.A (Additional filing requirements for Development Plan applications) before issuance of a Land Use Permit or other permits for development, including grading regulated under Article 35.5 (Oil and Gas, Wind Energy and Cogeneration Facilities).

2.

Property location required within boundaries of approved plan. Only property included within the boundaries of an approved Development Plan shall be entitled to a Land Use Permit for facilities and activities related the exploration and production of oil and gas.

B.

Applicability of Oil Drilling and Production Plans. Oil Drilling and Production Plans shall be required in compliance with Table 5-1 (Allowed Uses and Permit/Plan Requirements for Oil and Gas Facilities).

1.

Plan approval required before issuance of permits. An Oil Drilling and Production Plan shall be approved in compliance with the procedures in Section 35.53.040 (Application Filing, Processing, and Review for Oil

Drilling and Production Plans) before issuance of a Land Use Permit or other permits for oil and gas facilities development, including grading.

2.

Property location required within boundaries of approved plan. Only property included within the boundaries of an approved Oil Drilling and Production Plan shall be entitled to a Land Use Permit for facilities and activities for the exploration and production of oil and gas.

C.

Review authority. The review authority for Development Plans, Exploration Plans, Production Plans, and Oil Drilling and Production Plans is identified in Table 8-1 (Review Authority).

35.53.030 - Filing Requirements for Permit, Development Plan, and Specific Plan Applications

A.

Additional filing requirements for Development Plan applications. In addition to the other information required in Section 35.82.080 (Development Plans), the following information shall be filed with a Preliminary or Final Development Plan application for the uses indicated:

1.

Treatment and processing facilities addressed in Section 35.52.060.

a.

An updated emergency response plan to deal with potential consequences and actions to be taken in the event of hydrocarbon leaks or fires. The emergency response plan shall be approved by the County's Emergency Services Coordinator and Fire Department.

b.

A phasing plan for the staging of development that includes the estimated timetable for project construction, operation, and completion, as well as location and amount of land reserved for future expansion.

2.

Refining.

a.

An updated emergency response plan to deal with potential consequences and actions to be taken in the event of hydrocarbon leaks or fires. The emergency response plan shall be approved by the County's Emergency Services Coordinator and Fire Department.

b.

A phasing plan for the staging of development that includes the estimated timetable for project construction, operation, and completion, as well as location and amount of land reserved for future expansion.

B.

Alternative filing requirements for Development Plan applications. For pipeline construction, the following information, in place of that listed in Section 35.82.080 (Development Plans), shall be filed with a Preliminary or Final Development Plan application:

1.

A brief statement of the proposed project.

2.

A site plan showing:

a.

Property, easement, and pipeline right-of-way boundaries.

b.

Proposed road construction or modification.

c.

Area to be used for construction.

d.

Area to be used for access and maintenance during pipeline operation.

e.

Existing roads, water courses, and pipelines within the pipeline right-of-way.

f.

Location and type of existing and proposed structures within 50 feet of the pipeline right-of-way.

g.

Proposed alteration of surface drainages.

3.

A contour map showing existing and proposed contours.

Measures to be used to prevent or reduce nuisance effects (e.g., dust, fumes, glare, noise, odor, smoke, vibration) and to prevent danger to life and property.

5.

A revegetation and site restoration plan shall be prepared by the applicant that includes provisions for restoration of biologically important habitats that shall be disturbed by construction or operational procedures. This plan will be subject to approval by the Department during project review.

6.

Other reasonable information as deemed necessary by the Department.

7.

In addition, for oil and gas pipelines, an updated emergency response plan to deal with potential consequences and actions to be taken in the event of hydrocarbon leaks or fires shall be submitted. The emergency response plan shall be approved by the County's Emergency Services Coordinator and Fire Department unless the plan has received previous approval by the Public Utilities Commission.

C.

Alternative filing requirements for Land Use Permit application. When applying for a Land Use Permit for oil drilling and production that meets the criteria noted in Subsection 35.52.050.C (Criteria and standards for exemption of oil/gas drilling projects from approval of Oil Drilling and Production Plan), the application submittal requirements in Section 35.82.110 (Land Use Permits) shall be inapplicable and only the following information shall be required as part of the Land Use Permit application.

1.

Assessors Parcel Number.

2.

Name of the State Department of Oil and Gas designated oil field within which the project is located, if any.

3.

The type of facilities proposed, including any enhanced oil recovery facilities.

4.

A U.S.G.S. map (7.5 minute series topographic) or facsimile showing the facility site, lease boundaries, proposed roads and pipelines.

5.

A plot plan, drawn to scale, showing the facility site, property lines, proposed access roads, and water courses within 200 feet of the site.

Photographs of the site.

7.

Other reasonable information as deemed necessary by the Department.

35.53.040 - Application Filing, Processing, and Review for Oil Drilling and Production Plans

A.

Filing of applications. The following plans shall be filed and processed in compliance with Chapter 35.80 (Permit Application Filing and Processing):

1.

Oil Drilling and Production Plans.

B.

Contents of applications. Applications for each type of plan shall be accompanied by detailed and fully dimensioned plans, architectural drawings and sketches, and data/materials identified in the Department applications for Oil Drilling and Production Plans. It is the responsibility of the applicant to establish evidence in support of the findings required by Chapter 35.55 (Findings for Oil and Gas Facilities).

C.

Processing of Oil Drilling and Production Plans.

1.

The applicant may apply for:

a.

The drilling operations only;

b.

The production facilities only; or

c.

Both the drilling and production facilities.

2.

After receipt of the Oil Drilling and Production Plan, the Department shall process the plan through environmental review.

The Department shall refer the Oil Drilling and Production Plan to appropriate County departments for review and comment.

4.

The Commission shall consider the Oil Drilling and Production Plan at a noticed public hearing and approve, conditionally approve, or disapprove the plan.

5.

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

6.

The action of the Commission is final subject to appeal in compliance with Chapter 35.102 (Appeals).

7.

If the Oil Drilling and Production Plan is filed in conjunction with a Conditional Use Permit application, the Oil Drilling and Production Plan shall be processed as part of the Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).

Following appropriate review, the Commission, or the Board on appeal, shall record the decision in writing with the findings on which the decision is based. The decision shall be transmitted by a public notice in compliance with Chapter 35.106 (Noticing and Public Hearings).

A.

Modifications of development standards under an approved Oil Drilling and Production Plan.

1.

At the time an Oil Drilling and Production Plan is approved, the Commission may modify the development standards specified in Subsection 35.52.050.B (Development standards for oil and gas drilling and production), when the Commission first finds that the modification is justified.

2.

As a condition of approval of any Oil Drilling or Production Plan, the Commission may impose appropriate conditions as deemed reasonable and necessary to protect persons or property, to preserve the natural resources or scenic quality of the area, to preserve the public health, peace, safety, and general welfare, and to implement the purposes of this Development Code and/or the Comprehensive Plan.

3.

If drilling only is requested in the Oil Drilling and Production Plan, the following time limits shall apply:

a.

If the drilling program is successful, a new Oil Drilling and Production Plan for the production phase shall be submitted within 12 months of initiating site preparation for the drilling. A time extension may be granted by the Commission for good cause shown.

b.

If the drilling program is unsuccessful, the well shall undergo plugging and abandonment and the Department shall be notified of the plugging and abandonment within 12 months of initiating site preparation for the drilling. A time extension may be granted by the Commission for good cause shown.

A.

Abandonment of facilities 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 average) over a period of 12 consecutive months, does not exceed three percent of the facility's maximum allowed operating capacity. The review shall be conducted in a duly noticed public hearing to determine if facility abandonment or facility modifications are appropriate in compliance with Chapter 35.56 (Oil/Gas Land Uses - Abandonment and Removal Procedures). This provision shall apply to the following uses:

1.

Treatment and processing facilities, as described in Section 35.52.060 (Treatment and Processing Facilities).

B.

Post approval procedures. After the decision on an application for a Development Plan or Oil Drilling/Exploration Plan the following post-approval procedures shall apply:

1.

Procedures and requirements in Chapter 35.84 (Post Approval Procedures).

2.

Procedures and requirements related to appeals and revocation in Article 35.10 (Land Use and Development Code Administration).

3.

Procedures and requirements in County Code Chapter 25 (Oil and Petroleum Wells).

35.53.080 - Requirements Prior to Commencement of Development Authorized by a Final Development Plan or Oil Drilling and Production Plan

A.

Final Development Plan. For Final Development Plans, issuance of a Land Use Permit or a Zoning Clearance in compliance with Section 35.82.080 (Development Plans) shall be required prior to the commencement of the development and/or authorized use allowed by the Final Development Plan.

B.

Oil Drilling and Production Plan. For Oil Drilling and Production Plans, the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearance) shall be required prior to the commencement of the development and/or authorized use allowed by the Oil Drilling and Production Plans.

1.

Land Use Permit required. The issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) shall be required if the approval of a Substantial Conformity Determination in compliance with Subsection 35.84.040.C (Substantial Conformity Determinations) is required as a result of changes to the project allowed by the Oil Drilling and Production Plans.

2.

Zoning Clearance required. The issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearance) shall be required if the approval of a Substantial Conformity Determination in compliance with Subsection 35.84.040.C (Substantial Conformity Determinations) is not required as a result of changes to the project allowed by the Oil Drilling and Production Plans.

CHAPTER 35.55 - FINDINGS FOR OIL AND GAS FACILITIES