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HomeMy WebLinkAboutMINUTES - 08281984 - X.12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 28,1'9'847!;-^ vote: AYES: Supervisors Powers , Schroder , McPeak , Torlakson NOES: None ABSENT: Supervisor Fanden ABSTAIN: None SUBJECT: Land Use Permit Requirement for Exploration and Production of Oil , Gas or Minerals Supervisor T . Torlakson advised the Board that he was surprised to learn that utilities are exempt from the planning review process . He referred to the recently constructed PG and E dehydrator plant on Minnesota Avenue near Brentwood . Supervisor Torlakson expressed concern that exploration and drilling projects for production of oil , gas or minerals or structures (such as the dehydrator plant ) with environmental impacts can be erected without public input or notice of the projects . Board members were in agreement that this matter should be further reviewed and directed County Counsel to draft an urgency ordinance that would establish a 45-day moratorium on activities or projects as noted above and to submit same for Board consideration later this day. In accordance with the Board' s instructions , V . J . Westman, County Counsel , presented to the Board an urgency ordinance per- tinent to the land use permit requirement for exploration and pro- duction of oil , gas , or minerals . Board members considered the Ordinance and were in agreement to adopt same . IT IS BY THE BOARD ORDERED that reading of the aforesaid ordinance is waived , and that Ordinance 84-44 is ADOPTED as an Urgency Ordinance,.,effective immediately. hereby certify that this is a true and correct copy of or, action teken and entered on the minutes of the 'oard o,Supervisors on the date shown. J.F . ''_ C.•t U.,N!iY CLERK and oz oificio Cierk of the Board cc: County Counsel K.� County Administrator By ty -�� �_,.---L�. ' -De u;o- Director of Planning 828.X12 00439 ORDINANCE NO. 84-44 (Urgency Interim Land Use Permit Requirement for Exploration and Production of Oil , Gas or minerals ) The Contra Costa County Board of Supervisors Ordains as follows : SECTION I . Permit Area. No new exploration and drilling for or production of oil , gas or minerals shall be carried on or established , and no such uses presently existing shall be expanded or materially altered within any land use district established by Title 8 of the Contra Costa County Ordinance Code without a con- ditional use permit first having been granted through procedures provided in that Code. No additional use permits shall be approved for such uses unless the planning agency finds that the proposed use is consistent with the use provisions of the underlying zoning district and the County ' s general plan, and is compatible with established uses in adjacent zoning districts . SECTION II . _Urgency_Declaration. This ordinance is an interim urgency measure to protect the public safety, health and welfare pursuant to the authorization of Government Code §65858 , by prohibiting uses which may be in conflict with a contemplated zoning proposal for which the Board of Supervisors has initiated consideration . This proposal is whether Ordinance Code 582-2 . 012 should be amended to extend its requirement of land use permits to all land use districts in the County which would be in addition to its current requirement for such permits in residential and retail business districts . It is hereby found that there is a current and immediate threat to the public ' s health , safety and welfare and that the approval of the additional land use permits or other applicable entitlements for the above uses and/or the further new establish- ment of such uses would result in a threat to public health, safety and welfare. Some of the facts constituting the basis for the above findings are that existing oil and gas exploration, drilling and production have resulted in excessive noise and unsightly production facilities being located too close to single family land use districts and homes located therein. This ordi - nance is intended to provide an opportunity to prepare and adopt appropriate regulations and allow the implementation of measures to alleviate the development of the conditions (excessive noise, etc. ) noted herein . SECTION 111 . Reports_ a. The County Planning Agency is hereby directed to consider and study the above-noted proposed zoning ordinance change and report thereon to this Board. b. Ten days prior to the expiration of this ordinance or any extension of it , the Planning Department shall file with the Clerk of this Board a written report describing the measures taken to alleviate the conditions which led to the adoption of this urgency interim ordinance . ORDINANCE NO. 84-44 00440 'fit.' r)jr:)-f ollf fits SECTION IV. Effective and Expiration_Dates_ This ordinance becomes effective immediately upon passage and shall be operative for forty-five (45 ) days ( through October 11, 1984) , pursuant to Government Code 565858 . Within 15 days after passage this ordi - nance shall be published oncewitr the names of Supervisors voting for or against it in the hiartinez News Gazette , --------=------------------------------ a newspaper published in this County. PASSED on August 28 , 1984 by the following vote: AYES : Supervisors - Torlakson, Powers , Schroder , McPeak NOES : Supervisors - None ABSENT: Supervisors - Fanden ATTEST: J. R. OLSSON, County Clerk and ex officio Clerk of the Board. ------------ - Dep Chairperson of the Board [SEAL] -2- ORDINANCE NO. 84-44 0n441