§ 35.56

This Chapter applies to the following land uses:

A.

All permitted uses identified in the Sections listed below that handle, or at one time handled, natural gas, natural gas liquids, oil, produced water, or waste water that originated from an offshore reservoir, regardless of whether these uses were permitted in compliance with this Development Code or any preceding ordinance.

1.

Section 35.52.060 (Treatment and Processing Facilities).

B.

All permitted uses identified in Section 35.52.070 (Refining) regardless of whether these uses were permitted in compliance with this Development Code or any preceding ordinance.

C.

All marine terminals and oil storage tanks serving those terminals, regardless of whether these uses were permitted in compliance with this Development Code or any preceding ordinance.

D.

All pipeline systems identified in Section 35.52.080 (Oil and Gas Pipelines), except for public utility natural gas transmission and distribution systems (e.g., The Gas Company), that either transport or at one time transported natural gas, oil, produced water, or waste water that originated from an offshore reservoir, regardless of whether these uses were permitted in compliance with this Development Code or any preceding zoning ordinance.

E.

Unless specifically stated otherwise, reclamation of sites and corridors used to support any of the operations identified in Subsections A. through D. above.

This Chapter does not apply to land uses allowed under Section 35.52.050, which address exploration and production of onshore hydrocarbon reserves.

A.

Intentional abandonment. The permittee of a permitted land use shall submit an application to the Director for a Demolition and Reclamation Permit in compliance with Section 35.56.090 (Filing an Application for a Demolition and Reclamation Permit) upon intentional abandonment of a permitted land use, or a major business function of the permitted land use.

B.

Other events that trigger submittal of application. The permittee of a permitted land use shall submit an application to the Director either to defer abandonment in compliance with Section 35.56.040 (Filing an Application to Defer Abandonment) or to obtain a Demolition and Reclamation Permit in compliance with Section 35.56.090 (Filing an Application for a Demolition and Reclamation Permit) upon the occurrence of either of the following:

1.

County permit requirement. Any event designated in an existing County permit that would require consideration of abandonment; or

2.

Idle land use or business function. The permitted land use or an independent business function of a permitted land use has become idle.

A.

Eligible applicant. Any permittee subject to the requirements of Subsection 35.56.030.B (Other events that trigger submittal of application) above, may file an application to defer abandonment, which shall be considered by the Director.

The application to defer abandonment shall be in a form and content specified by the Director and this Section. The applications shall contain the following:

A.

Name, address, and contact information for the permittee.

B.

Name, address, and general description of the permitted land use.

C.

Date when the permitted land use first became idle.

D.

Reason for idle status.

E.

Status of upstream production facilities, where applicable.

F.

Listing of any facility equipment that has been identified on a plan (submitted in satisfaction of a County, Fire, or Air Pollution Control District permit) and has been either removed from the site or is not currently in operational condition. Include an explanation of the effect this missing or inoperable equipment has on the ability to restart operations and runs all processes. Also explain measures necessary to bring inoperable equipment back into operational condition.

G.

Plans and schedule to restart operations and identification of any facility components that would remain inactive after restart.

H.

Identification of reasonable circumstances that would hinder restart of operations in compliance with the plan and schedule.

I.

Any other information deemed necessary by the Director.

A.

Determination of completeness or incompleteness. The Director shall determine the completeness of any application and issue a completeness letter within 30 days of receipt. If the application is deemed incomplete, the Director shall specify in detail the deficiencies in the application.

B.

Time period to respond to incompleteness letter. The applicant shall submit information in response to an incompleteness letter within 60 days of receipt or, if it is not practicable to respond within a 60-day period, shall request an extension, not to exceed 60 additional days (for a total of 120 days), within which to provide the required information.

C.

Referral of application to other review authorities. The Director shall refer an application to defer abandonment to the Fire Department and Air Pollution Control District for review and comment before the Director makes a final determination on the application.

D.

Public hearing. The Director may choose, at the Director's sole discretion, to conduct a public hearing to consider any application to defer abandonment.

E.

Time period for public review. The public shall be given all reasonable opportunity to review the Director's recommended decision no less than 10 days before conducting a public hearing, or the date of the Director's scheduled action if no hearing is required, on any application to defer abandonment in compliance with Chapter 35.106 (Noticing and Public Hearings).

35.56.070 - Decision on Application to Defer Abandonment

A.

Decisions for idle facilities.

1.

The Director shall grant the application for deferral of abandonment unless the evidence shows that an idle facility has no reasonable possibility of being restarted or the owner has no intent of restarting the facility within a reasonable period of time.

2.

Notwithstanding Subsection A.1 above, the Director shall approve the application for deferral of abandonment for any pipeline subject to the jurisdiction of the Federal Energy Regulatory Commission if that Commission has determined that abandonment is not appropriate.

3.

The Director shall consider all relevant evidence in determining if a permitted land use has been abandoned, including whether any of the following have occurred:

a.

The oil and gas leases that have supplied the permitted land use with product have terminated.

b.

The oil and gas operations that have supplied the permitted land use with product have been abandoned.

c.

For oil/gas land uses designated as consolidated facilities and sites under this Development Code, there are no other existing offshore leases that may reasonably be expected to use the consolidated facility or site in the next 10 years.

d.

Major and essential components of a land use, or an independent business function of a land use, have been removed from the site or have fallen into disrepair so that they are no longer functional.

e.

Permits or other entitlements for the land use (e.g., permits from the Air Pollution Control District) have been surrendered, expired, revoked, or otherwise rendered invalid and no intent has been demonstrated to

renew or reacquire the permits.

f.

The Fire Department has issued an order requiring abandonment.

g.

Any other evidence that shows clear intent to abandon.

B.

Decisions for consideration of abandonment under permit conditions. The Director shall grant the application for deferral of abandonment unless:

1.

The Director finds under the applicable permit conditions that abandonment of the permitted land use or independent business function of a land use is required without further delay; and

2.

The permittee no longer has a vested right to continue operation.

C.

Transmittal of Director's decision. The Director's decision shall be transmitted by a public notice in compliance with Chapter 35.106 (Noticing and Public Hearings).

D.

Appeal of Director's decision.

1.

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

2.

The appeal shall be filed within 30 days of the provision of notice of the decision.

A.

Deferral time period. The Director may approve an abandonment deferral for a period not to exceed 24 months from the occurrence of an event identified in Subsection 35.56.030.B (Other events that trigger submittal of application) above.

B.

Extensions of deferral time period. The Director may extend this period for 12-month increments upon timely application by the operator.

C.

Deadline for applications for extensions. Applications for extensions shall be filed at least 90 days before the end of the approved abandonment-deferral period and shall contain the information identified in Section 35.56.050 (Contents of Application to Defer Abandonment).

35.56.090 - Filing an Application for a Demolition and Reclamation Permit

A.

When application required. A permittee of a permitted land use that has not filed an application to defer abandonment in compliance with Section 35.56.040 (Filing an Application to Defer Abandonment), or who has filed and that application has been disapproved, shall file an application for a Demolition and Reclamation Permit.

B.

Deadline for filing application.

1.

The application for a Demolition and Reclamation Permit shall be filed no later than 180 days after an application to defer abandonment has been denied and administrative appeals have been exhausted in compliance with Chapter 35.102 (Appeals).

2.

If an application to defer abandonment has not been filed, an application for a Demolition and Reclamation Permit shall be filed no later than 180 days after an event identified in Section 35.56.030 (Requirement to File an Application) has occurred.

C.

Extensions of time. The Director may grant extensions of time for good cause.

The application for a Demolition and Reclamation Permit shall be in a form and content specified by the Director and this Section. The applications shall contain the following:

A.

Name, address, and contact information for the permittee.

B.

Name, address, and general description of the permitted land use.

C.

Gross and net acreage and boundaries of the subject property.

D.

Location of all structures, above and underground, proposed to be removed.

E.

Location of all structures, above and underground, proposed to remain in-place.

F.

Location of all utilities on the subject property.

G.

Location of all easements on or adjacent to the subject property that may be affected by demolition or reclamation.

H.

To the extent known, the type and extent of all contamination and proposed remedial actions to the level of detail that can be assessed through environmental review. This information does not require a new or modified Phase 2 site assessment in advance of any requirement by the Fire Department or State agencies with regulatory oversight of site assessments.

I.

Location of areas of flood, geologic, seismic, and other hazards.

J.

Location of areas of archeological sites, habitat resources, prime scenic quality, water bodies, and significant existing vegetation.

K.

Location and use of all structures within 50 feet of the boundaries of the subject property.

L.

A proposed decommissioning plan that details the activities involved in removing structures from the site, including the following details: estimated number of workers required on site to decommission facilities and structures, disposition of equipment and structures proposed for decommissioning, projected method of transporting equipment, structures, and estimated debris from the site to the place of disposition as well as the number of trips required, and an estimated schedule for decommissioning the facilities.

M.

A proposed waste-management plan to maximize recycling and minimize wastes.

N.

Other permit applications that may be required by the County Code to retain any existing structures, roadways, and other improvements to the property that were ancillary to the oil or gas operations and are proposed to be retained to support other existing or proposed uses of the property following abandonment of the oil and gas operations.

O.

A proposed grading and drainage plan.

P.

A proposed plan to convert the site to natural condition or convert to other proposed land use, including a detailed schedule for restoring the site. In the latter case, include other applicable permit applications required, if any, for the proposed land use.

Q.

A statement of intent regarding the disposition of utilities that served the oil and gas operations, including fire protection, power, sewage disposal, transportation, and water.

R.

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

S.

Any other information deemed necessary by the Director to address site-specific factors.

35.56.110 - Processing of Demolition and Reclamation Permit

A.

Processing of complete applications. The Department shall process complete applications for Demolition and Reclamation Permits through environmental review after determining the applications to be complete in compliance with Section 35.80.050 (Initial Application Review).

B.

Independent or concurrent processing of applications. The Department shall process complete applications for Demolition and Reclamation Permits independently of any other permit applications to develop the site in question. However, Demolition and Reclamation Permits may be processed concurrently with development permits provided, that long delays in securing approval of development permits do not unduly hinder timely demolition of facilities and reclamation of host sites.

C.

Director's decision. The Director shall consider complete applications for Demolition and Reclamation Permits and shall approve, conditionally approve, or deny the application. A denial shall be accompanied by an explanation of changes necessary in order to allow the application to be approved.

D.

Transmittal of Director's decision. The Director's decision shall be transmitted by a public notice in compliance with Chapter 35.106 (Noticing and Public Hearings).

E.

Appeal of Director's decision.

1.

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

2.

The appeal shall be filed within 30 days of the provision of notice of the decision.

F.

Demolition and Reclamation Permit shall supersede. Upon approval of the Demolition and Reclamation

Permit or upon abandonment of operations, whichever occurs later, the Demolition and Reclamation Permit shall supersede any discretionary permit approved for construction and operation of the facilities.

A Demolition and Reclamation Permit shall only be approved if all of the following findings are first made:

A.

Mitigation of adverse impacts. Significant adverse impacts to the environment due to demolition and reclamation are mitigated to a level of insignificance or, where impacts cannot feasibly be mitigated to insignificance, they are mitigated to the maximum extent feasible.

B.

Streets and highways. Where applicable, streets and highways are adequate and properly designed to carry the type and quantity of traffic generated by the proposed demolition and reclamation.

C.

Conformance to requirements of other local, regional, or State entities. Any condition placed upon the operator or responsible party for assessment or remediation of soil or water contamination fully conforms to the permitting process and requirements of the Regional Water Quality Control Board and the County Fire Department.

D.

Protection of health, safety, and welfare. The proposed reclamation will not be detrimental to the comfort, convenience, health, safety, and general welfare of the neighborhood, and will not be incompatible with the surrounding area.

E.

Restoration to natural condition. The subject site will be restored to natural conditions unless any of the following conditions apply:

1.

Areas within the site are subject to approved development, in which case restoration and landscaping of these areas will conform to the newly permitted development. In cases where development is proposed but not yet permitted, restoration of affected areas to natural conditions may be waived; provided, the development is permitted within five years and the permittee has posted financial assurances acceptable to the Director to ensure restoration to natural conditions if the proposed development is not permitted.

2.

Areas within the site are subject to agricultural uses that do not require a County permit, in which case the restoration will conform to conditions appropriate for agricultural uses.

For purposes of this finding, the Director may allow abandonment in-place of specific improvements (e.g., emergency access roads or retaining walls) if the Director first finds that their removal will be detrimental to the health, safety, or general welfare of the public or the environment (e.g., undesired destabilization of slopes due to removal of a retaining wall, or eliminating a needed public evacuation route).

F.

Retention of improvements. Any retention of improvements to land is properly permitted in compliance with the County Code where permits are required.

G.

Public access or use. The proposed reclamation will leave the subject site in a condition that is compatible with any existing easements or dedications for public access through, or public use of a portion of the property.

H.

Completion of post-closure activities. The permit conditions contain specific enforceable requirements to ensure the timely closure of the host site and completion of post-closure activities.

The following performance standards shall apply to approved Demolition and Reclamation Permits.

A.

Contamination and spills. All equipment shall be cleaned of oil or other contaminants before dismantlement in order to reduce any risk of contamination of soils or water during demolition of the facility to the maximum extent feasible.

1.

Where applicable, the permittee shall prepare and submit a Spill Contingency Plan to the County Fire Department.

2.

The plan shall identify measures to prevent and contain spills during dismantling and removal of facilities, as well as how spills will be cleaned up once they have occurred.

B.

Other permits. The permittee shall obtain all other necessary permits from other agencies and, where applicable, submit proof of permits issued by the California Division of Oil, Gas, and Geothermal Resources to plug and abandon wells or to inject waste water for purposes of disposal into any State oil and gas field before issuance of the Demolition and Reclamation Permit.

C.

Monitoring to ensure compliance and provide recommendations. The demolition and reclamation shall be adequately monitored by a qualified individual, funded by the permittee and retained by the County, to ensure compliance with those conditions designed to mitigate anticipated significant adverse effects on the environment and to provide recommendations in instances where effects were not anticipated or mitigated by the conditions imposed on the Demolition and Reclamation Permit. Pre-reclamation and postreclamation surveys of sensitive resources shall be employed as appropriate to measure compliance.

D.

Topsoil. Topsoil shall be stockpiled, covered, and saved for use as topsoil when excavated areas are backfilled unless the soil is treated onsite or removed for off-site disposal due to contamination.

E.

Truck traffic. If appropriate, truck traffic transporting materials to and from the subject site shall avoid arriving or departing the site during the peak traffic hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. weekdays (or other peak-hour periods applicable to the location of the traffic).

F.

Sight distance and access. Adequacy of sight distance, ingress/egress, and emergency access shall be verified by the County Public Works and Fire Departments.

G.

Dust. Measures shall be implemented to inhibit dust generation, where appropriate. Unavoidable generation of dust shall be kept to a minimum through effective controls.

H.

Recycling. The permittee shall implement a viable recycling plan that meets County approval and includes provisions to maximize recycling of asphalt, concrete, and equipment, and to minimize disposal of wastes into hazardous waste and solid waste management facilities to the maximum extent feasible.

I.

Contouring. Contouring of the land shall be compatible with the surrounding natural topography, unless otherwise approved to accommodate another permitted use or required drainage.

J.

Erosion control. The permittee shall implement appropriate measures to control erosion both during and after site closure.

K.

Revegetation. Establishment of vegetation shall be in compliance with an approved revegetation plan and the following standards:

1.

In compliance with the County's Fire Plan, as implemented by the County Fire Department, all disturbed areas identified for vegetation shall be disked or ripped to an appropriate depth to eliminate compaction and establish a suitable root zone in preparation for planting, except where the requirement poses a significant adverse environmental impact.

2.

Native seeds and plants shall be used when returning the area to natural conditions. The Director shall define an acceptable geographic area from which genetically compatible, native-seed stocks may be selected for site restoration in order to protect the genetic integrity and the habitat value of the site and its surrounding area. Other seeds (e.g., pasture mix) shall be permitted in areas designated for the use.

L.

Subsurface pipeline segments. Subsurface segments of inter-facility pipelines may be abandoned in-place, except under the following circumstances:

1.

Presence of the pipeline would inhibit future land uses.

2.

Modeling approved by the United States Army Corp. of Engineers or United States Bureau of Reclamation indicates that segments of the pipeline in erosive locations would become exposed at some time during the next 100 years, and environmental review determines that impacts from exposure and subsequent removal during inclement weather are more significant than removal at the time of abandonment.

M.

Recorded notice or abandoned pipeline. The permittee shall ensure that appropriate notification has been recorded with the County Clerk-Recorder to update, supersede, or release the recorded rights-of-way where a subsurface pipeline is abandoned in-place. This notice shall describe the presence and location of the abandoned pipeline, any material placed in the pipeline for abandonment, and the operator and owner of the pipeline before abandonment.

N.

Previously unidentified contamination. The site shall be assessed for previously unidentified contamination.

1.

The permittee shall ensure that any discovery of contamination shall be reported to the Director and the County Fire Department.

2.

The permittee shall diligently seek all necessary permit approvals, including revisions to the Demolition and Reclamation Permit, if any are required, in order to remediate the contamination.

O.

Other conditions or requirements. The Director in consultation with other County agencies, may impose any other appropriate, necessary and reasonable conditions or require any changes to the project as deemed necessary to protect the health, safety and general welfare of the public, protect property, preserve the character, natural resources, or scenic quality of the area, or implement the purpose of this Section or any other provisions of the County Code.

P.

Independent business function. In the case of an independent business function of a permitted land use, the Director shall have discretion to determine the timing and extent of the requirements of the Demolition and Reclamation Permit. Factors that the Director may consider shall include:

1.

Whether removal of the independent business function would substantially reduce the overall footprint of the permitted land use, reduce any significant visual impact, or reduce any significant risk to public safety.

2.

Whether site restoration is feasible at the time the independent business function is removed, compared to deferring site restoration to a time that the entire permitted land use is removed.

Q.

Recorded notice of contamination left in place. The permittee shall ensure that appropriate notification has been recorded with the County Clerk-Recorder to describe the presence and location of any contamination

left in place under the authority of the County Fire Department.

A.

Events that trigger revocation of entitlements. All entitlements provided in any use permits issued under this Development Code, or under any preceding ordinance, to use the facilities shall be automatically revoked and no longer effective upon the County's denial of an application to defer abandonment and the exhaustion of available administrative remedies.

B.

Continued protection of health, safety and welfare. Requirements of use permits necessary to ensure continued protection of public and environmental health, safety, and general welfare shall continue in full force and effect, including all of the following:

1.

Conditions that:

a.

Specify the liability of the owner, operator, and other persons;

b.

Specify payment of County fees and costs; and

c.

Indemnify the County.

2.

Where applicable, conditions that specify the County's authority to require abatement of public nuisances or require mitigation of environmental impacts that may occur before issuance of a Demolition and Reclamation Permit.

3.

Where applicable, conditions that require:

a.

Emergency preparedness and response;

b.

Fire prevention, preparedness, protection, and response;

c.

Oil spill prevention, preparedness, and response;

d.

Payment of fees, including fees that provide mitigation for ongoing impacts to the environment (e.g., payments to the Coastal Resource Enhancement Fund).

e.

Safety inspections, maintenance, and quality assurance; and

f.

Site security.

4.

Substantive conditions that address abandonment; however, procedural requirements for abandonment, demolition, and reclamation shall be in compliance with this Section.

C.

Conditions remaining in full force. Upon revocation of entitlements in a planning permit, the Director shall notify the owner or operator and include a list of permit conditions that remain in full or partial force.

D.

Automatic revision of permits. A planning permit issued under this Development Code, or under any preceding ordinance, shall be automatically revised to remove any entitlement to continue the use of any independent business function of a permitted land use determined to be abandoned in compliance with this Chapter. However, permit conditions necessary to ensure continued protection of public and environmental health, safety, and general welfare, including those identified in Subsection B. (Continued protection of health, safety and welfare) above, shall continue in full force and effect.

E.

Grace period. The permittee shall have a grace period of 24 months from the date of revocation of entitlements in use permits in order to secure a Demolition and Reclamation Permit. The Director may extend the grace period for no more than one additional 12 month period, for good cause, or for longer periods for delays attributable to circumstances reasonably beyond the permittee's control.

F.

Deserted and illegal land use. Upon completion of the grace period, the abandoned land use or independent business function shall be treated as a deserted and illegal land use until the permittee secures approval of a Demolition and Reclamation Permit in compliance with this Chapter.

A.

Completion of permit requirements. The permittee shall complete all requirements of the Demolition and Reclamation Permit before the expiration of the permit, including any extensions of the permit. Failure to do so shall constitute a violation of this Chapter.

B.

Term. Demolition and Reclamation Permits shall expire upon issuance of a "Reclamation Complete" letter by the Director, which shall be issued upon the satisfactory completion of the required work, or seven years after the date of issuance, whichever occurs first. The Director's "Reclamation Complete" letter shall certify completion of all required work except for remediation of contamination, which is certified by other agencies.

C.

Extensions.

1.

The Director may extend the expiration date of the permit without penalty if the closure or revegetation of the site was delayed by circumstances reasonably beyond the permittee's control.

2.

Otherwise, the Director may extend the expiration date of the permit with penalties, in compliance with Chapter 35.108 (Enforcement and Penalties) in order to realize completion of all site closure and postclosure requirements.

3.

If the permittee requests a time extension of the permit in compliance with Subsections C.1 and C.2 above, the Director may revise the Demolition and Reclamation Permit to revise conditions and mitigating measures or to add new conditions and mitigating measures, which reflect changed circumstances, including newly identified impacts.

D.

[Reserved.]

E.

[Reserved.]

F.

Deserted and illegal land use. Upon completion of the grace period, the abandoned land use or independent business function shall be treated as a deserted and illegal land use until the permittee secures approval of a Demolition and Reclamation Permit in compliance with this Chapter.

A.

Post approval procedures regarding changes to an approved Demolition and Reclamation Permit. The procedures and requirements in Subsection C (Substantial Conformity Determination), Subsection D (Amendments) and Subsection E (Revisions) of Section 35.84.040 (Changes to an Approved Project) shall apply following the decision on an application for a Demolition and Reclamation Permit.

CHAPTER 35.57 - WIND ENERGY CONVERSION SYSTEMS