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Home My WebLink AboutMINUTES - 08131985 - T.4 7y BOARD-OF SUPERVISORS t FROM: Anthony A�. Dehaesus Con Director of Community Development Costaostra Costa DATE July 31, 1985 County SUBJECT: Second Extension of Interim Regulations Controlling Oil and Gas Drilling and Production SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION STAFF RECOMMENDATION: Adopt the attached ordinance providing for a second extension of the interim regulations affecting oil and gas drilling and production. The term of this ordinance shall be for twelve months or until a permanent code revision is adopted and becomes effective, whichever comes first. DISCUSSION: This matter has beeln scheduled for the 10:30 1 a.m. session of the August 13, 1985 meeting of the Board of Supervisors. On.August 28, 1984, the Board of Supervisors adopted interim regulations controlling the establish- ment of oil and gas 'drilling and production activity. These regulations were originally enacted by Ordinance #84-44 and subsequently extended by Ordinance #84-52. The term of the first extension is scheduled to expire on August 24, 1985. At the time the interim regulations were i-initially adopted, the Board of Supervisors directed staff to prepare a proposed permanent Code revision to regulate oil and gas drilling and production. During this period, staff has conducted a survey of other counties' regulations and met with locally active well operators. Staff is presently drafting a revision proposal and anticipates that it will be placed on the agenda of the County Planning Commission in the near future for public hearing. A second extension is necessary in order to provide on-going control of this activity until permanent code revisions can be considered, adopted and take effect. The proposed extension requires approval by a four-fifths vote of the Board of Supervisors. CONTINUED ON ATTACHMENT: YES SIGNATUR RECOMMENDATION I OF COUNTY ADMINISTRATOR REC MEND TIN OF BARO CMMITTEE APPROVE OTHER SIGNATURE(S)* ACT .ON OF BOARD ON E Aug s 1.3,, 1 98 5 APPROVED AS RECOMMENDED OTHER The Board held,; a I public hearing on th.e above extension and heard from the following : Carl Down of Chevron , 6001 Bollinger Canyon Rd-. San Ramon , Tom LaFleur of Pacific Community Services , 501 Railroad Ave , Pittsburg and Stephanie Thiessen of California Independent Producers Assoc . , 602 H St . , Bakersfield . The Board thereupon adopted Ordinance 85-49 . i VOTE OF SUPERVISORS! I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES* NOES' AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC*. Community Development ATTESTED _ August 13 , 1_985 County Coun,sel PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382/7-83 1 r I i Y ORDINANCE NO. 85-49 (Urgency Interim Land Use Permit Requirement for Exploration and Production of Oil, Gas or Minerals) i The Contra Costa County Board of Supervisors Ordains as follows: SECTION I. Extension of Ordinance. Pursuant to Government Code Section 65858 Ordinance 84-52 is hereby extended to a date not later than August 13, 1986. SECTION H. 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 conditional use permit first having been granted through i' 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 wiith established uses in adjacent zoning districts. SECTION III. Urgency Declaration. This ordinance is an interim urgency measure to protect the public safety, health and welfare pursuant to the authorization of Government Code S 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 5 82-2.012 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 Isuch 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 establishment 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 facilities are being located too close to single family land use districts and homes located therein. This ordinance is intended to provide an opportunity to prepare and adopt appropriate regulations and allow the implementation of measures to alleviate the development of ithe conditions (excessive noise, etc.) noted herein. I Since the interim regulations were first adopted, staff has conducted a survey of the regulations of other counties and has discussed possible code revisions with representa- tives of industy. A proposed permanent code revision is now being prepared. Staff anticipates thatl,it will be scheduled for public hearing in the near future. SECTION IV. Report. The County Planning Agency is hereby directed to consider and study the above'=noted proposed zoning ordinance change and report thereon to this Board. SECTION V. Effective and Expiration Dates. Pursuant to Government Code S 65858 this ordinance becomes effective immediately upon passage and shall be operative to August 13, 1986, or until such time as a permanent zoning code revision to the regulation of oil and gas well activity becomes effective, whichever occurs first. Within 15 days after passage this ordinance shall be published once with the names of Supervisors voting for or against it in the Contra Costa Times , a newspaper published in this County. t Passed on August 13, 1985 by the following vote : AYES : Supervisor Powers , Schroder, McPeak, Torlakson and Fanden NOES : None ABSENT: None ABSTAIN: None Boar hairwoman ATTEST: PHIL BATCHELOR, Clerk of the o Boar of Supervisors and County Administrator By ilv De uty G er i 13c i