§ 35.55

The purpose of this Chapter is to provide findings required for approvals of the following plans related to oil and gas facilities located.

A.

Final Development Plans.

B.

Oil Drilling and Production Plans.

Table 5-1 (Allowed Uses and Permit/Plan Requirements for Oil and Gas Facilities) indicates the plans required for approval of oil and gas facilities. During the review process for the approval of oil and gas facilities, the Commission, or the Board on appeal, shall make the findings or additional findings required in this Chapter. It is the responsibility of the applicant to establish evidence in support of the required findings.

35.55.030 - Oil Drilling and Production - Findings for Oil Drilling and Production Plans

An Oil Drilling and Production Plan shall be approved only if all of the following applicable findings are first made:

A.

There are no feasible alternative locations for the proposed drilling of an onshore reservoir that are less environmentally damaging.

B.

Significant adverse environmental effects will be mitigated to the maximum extent feasible.

C.

The project will not be detrimental to health, safety, and general welfare of the neighborhood and will not be incompatible with uses of the surrounding area.

D.

The development is in conformance with the applicable provisions of this Development Code and the Comprehensive Plan.

E.

The site is able to accommodate subsequent oil and gas production, should the proposed drilling program be successful.

F.

For projects requiring a Conditional Use Permit, the findings identified in Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) shall also apply.

35.55.040 - Treatment and Processing Facilities - Findings for Development Plans

A.

Treatment and processing facilities outside of the South Coast Consolidation Planning Area. In addition to the findings for Development Plans in Section 35.82.080 (Development Plans) and in Subsection 35.52.060.B.10.c (Highway or rail transport of highly viscous oil), a Preliminary or Final Development Plan for treatment and processing facilities shall not be approved for a project in an area outside the South Coast Consolidation Planning Area unless the review authority also makes all of the following findings:

1.

Consolidation or collocation on or adjacent to an existing processing facility to accommodate the proposed production is not feasible or is more environmentally damaging.

2.

There are not feasible alternative locations for the proposed processing facility that are less environmentally damaging.

3.

The proposed facility is compatible with the present and allowed recreational and residential development and the scenic resources of the surrounding area.

4.

Gas processing facilities proposed in the North County Consolidation Planning Area (NCCPA), including expansion of existing facilities, have been sited in compliance with criteria in the Comprehensive Plan study entitled, Siting Gas Processing Facilities. Additionally, sites are selected with adequate consideration of future gas processing needs in the NCCPA to optimize siting and consolidation strategies. The "expansion" of an existing facility shall mean structural modifications, alterations, expansions, or enlargements that result in increased facility capacity, or changes in facility use, operation, or other limitations imposed by permit or other law. The "expansion" of an existing facility shall also mean introduction of production from a field not served by the processing facility since January 1, 1986, or from a new production well that increases the current area extent of a field presently served by the facility. Expansion shall not include modification to existing facilities that is required to comply with current health and safety regulations, and codes.

B.

Treatment and processing facilities within the South Coast Consolidation Planning Area. In addition to the findings in Section 35.82.080 (Development Plans) and in Subsection 35.52.060.B.10.c (Highway or rail transport of highly viscous oil), Preliminary or Final Development Plans for processing facilities shall not be approved unless the review authority also makes one or more of the following findings:

1.

Existing and approved processing capacity at the County designated consolidation sites is insufficient to accommodate proposed new production for a period of time that would render development of the proposed offshore reservoir infeasible. This finding shall take into account feasible delays in development of the offshore reservoir to maximize use of existing and approved processing capacity, and feasible expansion of existing processing facilities to provide sufficient capacity.

2.

The specific properties of oil or gas from a particular reservoir considering available information on the physical and chemical characteristics of the stock, including but not limited to API gravity, sulfur and water content, viscosity, and pour point would render development of the resource technically infeasible unless specialized units can be built. This finding shall consider partial dehydration as a specialized unit if it is required to adapt a resource to the technical requirements of a processing facility. Modifications or additions to existing facilities shall be favored over construction of redundant processing capacity as long as the modifications or additions render the resource characteristics and the technical processing requirements of a facility compatible with one another.

3.

Commingling the production in existing or already approved facilities at designated consolidation sites is environmentally unacceptable.

Additionally, Preliminary or Final Development Plan for expansion or construction of processing facilities shall not be approved unless the review authority also makes all of the following findings to restrict industrialization of the area.

4.

The expansion of existing facilities or construction of new facilities are to be located at a consolidated oil and gas processing site as designated in the Comprehensive Plan.

5.

The proposed processing facilities shall use, to the maximum extent feasible, existing ancillary facilities at the consolidated site.

In addition to the findings in Section 35.82.080 (Development Plans), a Preliminary or Final Development Plan shall not be approved unless the review authority also makes all of the following findings:

A.

Consolidation or collocation on or adjacent to an existing refining facility to accommodate the proposed refinery is not feasible or is more environmentally damaging.

B.

There are no feasible alternative locations for the proposed refining facility that are less environmentally damaging.

C.

The facility is compatible with the scenic quality and land uses of the surrounding area.

35.55.060 - Oil and Gas Pipelines - Findings for Development Plans

In addition to the findings for Development Plans in Section 35.82.080 (Development Plans), a Preliminary or Final Development Plan that proposes new pipeline construction outside of industry facilities shall not be approved unless the review authority also makes all of the following findings:

A.

Use of available or planned common carrier and multiple-user pipelines is not feasible.

B.

Pipelines shall be constructed, operated, and maintained as common carrier or multiple-user pipelines unless the applicable review authority determines it is not feasible. Applicants have taken into account the reasonable, foreseeable needs of other potential shippers in the design of their common carrier and

multiple-user pipelines. Multiple-user pipelines provide equitable access to shippers with physically compatible stock on a nondiscriminatory basis.

C.

New pipelines are routed in approved corridors that have undergone comprehensive environmental review unless the applicable review authority determines that the corridors are not available, safe, technically feasible, or the environmentally preferred route for the proposed new pipeline.

D.

When a new pipeline route is proposed, it is environmentally preferable to other feasible alternative routes.

E.

When a new pipeline is proposed, the project's environmental review has analyzed the cumulative impacts that might result from locating additional pipelines in that corridor in the future.

F.

Concurrent or "shadow" construction has been coordinated with other pipeline projects that are expected to be located in the same corridor where practical.

CHAPTER 35.56 - OIL/GAS LAND USES - ABANDONMENT AND REMOVAL PROCEDURES

35.56.010 - Purpose and Intent

A.

Purpose.

1.

This Chapter establishes procedures to achieve the timely abandonment of applicable land uses, and following the abandonment, the timely and proper removal of applicable oil and gas facilities, reclamation of host sites, and final disposition of pipelines, in compliance with applicable laws and permits.

2.

The procedures ensure appropriate due process in differentiating idled from abandoned facilities and protecting the vested rights of permittees while also ensuring that facilities with no reasonable expectation of restarting are removed, in compliance with the intent of enabling development permits.

B.

Intent. Timely abandonment provides a public benefit by avoiding unnecessary delays in remediating any residual contamination that may result during operations, and providing an effective means of mitigating several significant environmental and socioeconomic effects, including aesthetics, compatibility with surrounding land uses, and risk of default on demolition and reclamation obligations by the permittee.