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HomeMy WebLinkAboutAGENDA REPORT 1992 0304 CC REG ITEM 11I /D3. � // L . ITEM '9i MOORPARK � ja� ,g. o� v*110 0 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 \o� MEMORANDUM TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: February 28, 1992 (CC Meeting 3-4-92) SUBJECT: Report Back Regarding Drilling And Noise Regulations BACKGROUND The City Council at their meeting of February 19, 1992, under Future Agenda items requested staff to provide a report back regarding current regulations pertaining to drilling and noise. DISCUSSION DRILLING Currently drilling, of any kind, within the city requires permit approval. A soil sample drilling only requires a permit from the City Engineer. Drilling as part of geology testing can require a Planning Commission CUP approval if accomplished in the open space zone, agricultural or residential zones. Such drilling is prohibited in the R-0, R-1 , R-2 and RPD zones. Water drilling for a public utility is regulated by the requirement of a Planning Commission approved CUP. Oil and Gas exploration and production is regulated within the City's Zoning Code, Section 8107-5 (see attachment) . This section addresses many aspects of such operations including the following examples: . General Guidelines . Standards of Operation . Setbacks . Obstruction of Drainage Courses . Removal of Equipment . Containment of Contaminants 1992 . Securities _` . Dust Prevention � CF,7c . Light Emanation �� , . Reporting of Acci nt- . Pal f/1 �-.- . Site Maintenanc •• cjill . Site Restoration • :Np' . Noise Standards JRP-02-26-92(10:38am)A:\CC\4MAR92 &wain'p noo 41.0 V1N JJQJfTro •)1211&21o� PAUL W. LAWRASON JR. JOHN E.WOZNIAK SCOTT MONTGOMERY BERNARDO M.PEREZ ROY E.TALLEY JR. Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Printed On Recycled Paper r r Oil and gas drilling is regulated by the City and a number of County, State and Federal regulations. As a related matter, the regulation of pipelines is also a controlled activity under many of the restrictions listed above. Pipelines also bring about even more complex governmental regulations inasmuch as they cross many jurisdictional boundaries. It is staff's intention to review all aspects of the City's Zoning Code after the adoption of the amended Land Use and Circulation Elements so as to implement the goals and policies of the revised General Plan. NOISE As required by State law, the City has a Noise Element within it's General Plan. This element was adopted by the City on October 6, 1986. The Noise Element includes definitions, objectives, policies, standards criteria, programs and maps which are to be considered when decisions are made affecting the noise environment within the City of Moorpark. In the City of Moorpark there are four major sources of noise: 1. Traffic on routes 118 and 23 . 2 . Traffic on the major arterials within the city. 3 . Rail traffic on the Southern Pacific rail line. 4 . Commercial/Industrial activities adjacent to residential locations. The Noise Element contains not only a survey of noise levels within the city but policies and recommendations for implementation of the Element (see attachment) . Policy No. 6 specifically addresses the need for the creation of a noise ordinance which will place a limit on the level of noise produced by residential, commercial and industrial activities that may intrude on adjacent properties. Inherent with any ordinance is the responsibility of enforcement. Noise Ordinances are highly technical in nature and require significant training and state of the art measurement equipment. Inasmuch as the City is currently placing closure on the Land Use and Circulation Elements of the General Plan there should be consideration towards their finalization before the implementing of a Noise Ordinance. The reason for this is that revisions to the Noise Element will be required to retain internal consistency within the General Plan as required by law. The source of authority for the adoption of a Noise Ordinance is the Noise Element within the City's General Plan. STAFF RECOMMENDATION Direct staff as deemed appropriate. Attachments: Section 8107-5 of the Zoning Code Policy Program for Noise Element JRY-01-16-92(10:088m)A:\CC\4XAR91 1 111 Sec. 8107-4 - MOBILEHOME PARKS Sec . 8107-4 . 1 - Mobilehome parks shall be developed in accordance with all applicable standards, including density standards (number of dwellings per unit of lot area) , of the zone in which the mobilehome park is located. Sec. 8107-4 .2 - A mobilehome park may include, as part of an approved permit, recreational and clubhouse facilities and other accessory uses. Sec. 8107-4 .3 - The' minimum distance between structures in a mobilehome park shall be ten feet, except that the minimum distance between accessory structures shall be six feet. Sec. 8107-5 - OIL AND GAS EXPLORATION AND PRODUCTION Sec. 8107-5.1 - Purpose - The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for oil and gas exploration and production facilities and operations within the City which will allow for the reasonable use of an important City resource. These regulations shall also ensure that development activities will be conducted in harmony with other uses of land within the City and that the rights of surface and mineral owners are balanced. 0 Sec. 8107-5.2 - Application - Unless otherwise indicated herein, the purposesand provisions of Section 8107-5 et seq. shall be and are hereby automatically imposed on and made a part of any permit for oil or gas exploration and development issued by City on or after March 24, 1983. Such provisions shall be imposed in the form of permit conditions when permits are issued for new development or for existing wells/facilities without permits, or when existing permits are modified. These conditions may be modified at the discretion of the Planning Director, pursuant to Sec. 8111-5.2. Furthermore, said provisions shall apply to any oil and gas exploration and development operation initiated on or after March 24, 1983, upon Federally owned lands for which no land use permit is required by the City of Moorpark. No permit is required by the City of Moorpark for oil and gas exploration and production operations conducted on Federally owned lands pursuant to the provisions of the Mineral Lands Leasing Act of 1920 (30 U.S.C. Section 181 et seq. ) . Sec. 8107-5.3 - Definitions - Unless otherwise defined herein, or unless the context clearly indicates otherwise, the definition of petroleum-related terms shall be that used by the State Division of Oil and Gas . Sec. 8107-5.4 - Required Permits - No oil or gas exploration or production related use may commence without or inconsistent 410 with a Conditional Use Permit approved pursuant to this Chapter. Furthermore, a -Zoning Clearance must be obtained by the permittee to confirm consistency with the Zoning Ordinance 62 • t ( r and/or Conditional Use Permit prior to drilling every well , commencing site preparation for such well(s) , or installing 410 related appurtenances , as defined by the Planning Director. However, a single Zoning Clearance may be issued for more than one well or drill site or structure. Possession of an approved Conditional Use Permit shall not relieve the operator of the responsibility of securing and complying with any other permit which may be required by other City Ordinances, or State or Federal laws. No condition of a Conditional Use Permit for uses allowed by this Chapter shall be interpreted as permitting or requiring any violation of law, or any lawful rules or • regulations or orders of. an authorized governmental agency. When more than one set of rules apply, the stricter one shall take precedence. Sec. 8107-5.5 -- Oil Development Guidelines - The general guidelines that follow shall be used in the development of conditions which will help ensurethat oil development projects generate minimal _ negative impacts on the environment. The guidelines shall . be applied whenever physically and economically feasible and practicable, unless the strict application of a particular guideline(s) would otherwise defeat the intent of other guidelines. . An applicant should use the guidelines in the design of the project and anticipate their use as permit conditions, unless the applicant can . demonstrate that they are not feasible or practicable. Sec. 8107-5 .5 .1 Permit areas and drill sites should 0 generally coincide and should only be as large as necessary to accommodate typical drilling and production equipment. Sec. 8107-5 .5.2 - The number of drill sites in an area should be minimized by using centralized drill sites, directional drilling and other techniques.• • Sec. 8107-5.5.3 - Drill sites and production facilities should be located so that they are not readily seen. Sec. 8107-5.5.4 - -Permittees and operators should share facilities such as, but not limited to, permit areas, drill sites, access roads, storage production and processing facilities and pipelines . Sec. 8107-5.5.5 - The following guidelines shall apply to the installation and use of oil and gas pipelines : a. Pipelines should be used to transport petroleum products off-site to promote traffic safety and air quality. b. The use of a pipeline for transporting crude oil may be a condition of approval for expansion of existing processing facilities or construction of111 new processing facilities . 63 C C 410 c. New eipelize corridors should be consolidated with existing pipeline or electrical transmission corridors where feasible, unless there are overridinc technical constraints or significant social, aesthetic, environmental or economic reasons net to do so. d. When feasible, pipelines shall be routed to avoid important resource areas, such as recreation, sensitive habitat, geological hazard and archaeological areas. Unavoidable routing through such areas shall be done in a manner that minimizes the impacts of potential spills by considering spill volumes, durations, and projected paths. New pipeline segments shall be equipped with automatic shutoff valves, or suitable alternatives approved by the .Planning Director; so that each segment will be isolated in the event of a break. e. Upon completion of pipeline construction, the site shall be restored to the approximate previous grade and condition. All sites previously covered with native vegetation shall be reseeded with the same or recovered with the previously removed vegetative materials, and shall include other measures as ® deemed necessary to prevent erosion until the vegetation can become established, and to promote visual and environmental quality. (AM.ORD. 3810 Sec. 8107-5.5.6 - Cuts or fills associated with access roads and drill sites should be kept to a minimum to avoid erosion and visual impacts. They should be located in inconspicuous areas, and generally not exceed ten vertical feet. Cuts or fills should he restored to their original grade once the use has been discontinced. Sec. 8107-5.5.7 - Gas from wells should be piped to centralized collection and processing facilities, rather than being flared, to preserve energy resources and air quality, and to reduce fire hazards and light sources. Oil should also be piped to centralized collection and processing facilities, in order to minimize land use conflicts and environmental degradation, and to promote visual quality. Sec. 8107-5.5.8 - wells should be located a minimum of 800 feet from occupied sensitive uses. Private access roads to drill sites should be located a minimum of 300 feet from occupied sensitive uses, unless this requirement is waived by the occupant. • 64 (7 (- Sec . Sec . 8107-5. 5 .9 - Oversize.-i vehicles should be preceded by 40 lead vehicles, where necessary for traffic safety. Sec . 8107-5. 5 . 10 - Lightir, s_ o-.:ld be keit :o a minimum to approximate normal nighttime light levels . Sec . 8107-5.5 . 11 - In the resign of new or modified oil and gas production facilities, best accepted practices in drilling and production methods should be utilized, if capable of reducing factors of nuisance and annoyance. • Sec. 8107-5.6 - Oil Development Standards - The following are minimum standards and requirements which shall be applied pursuant to Sec. 8107-5 .2. More restrictive requirements may be imposed on a project throuch the conditions of the permit. Measurements. are taken from the outside perimeter of the noise • receptors noted below: • Sec. 8107-5.6 .1 -Setbacks - No well shall be drilled and no equipment or facilities shall be permanently located within: a. 100 feet of any dedicated public street, highway or nearest rail of a railway being used as such, unless the new well is located on an existing drill site and the new well would not present a safety or right-of-way problem. If aesthetics is a problem, then the permit most be corkditioned to mitigate the 411 problem. b. 500 feet of any building or dwelling not necessary to the operation of the well, unless a waiver is signed pursuant to S . 8107-5.6.25, allowing the setback to be reduced. In no case shall the well be located less than 100 feet from said structures. c. 500 feet of any institution, school or other building used as a place of public assemblage, unless a waiver is signed pursuant to Sec. 8107- 5.6 .25, allowing the setback to be reduced. In no case shall any well be located less than 300 feet from said structures. d. 300 feet from the edge of the existing banks of "Red Line" channels as established by the Ventura County Flood Control District (VCFCD) , 100 feet from the existing banks of all other channels appearing on the most current United States Geologic Services (USGS) 2,000 ' scale topographic map as a blue line. These setbacks shall prevail unless the permittee can demonstrate to the satisfaction of the Public Works Agency that the subject use can be safely located nearer the411 stream or channel in question without posing an undue risk of water pollution, and impairment of 65 • ( C flood control interests. In no case shall ® setbacks from streams or channels be less than 50 feet. All drill sites located within the 100-year flood plain shall be protected from flooding in accordance with Flood Control District requirements. e. The applicable setbacks for accessory structures for the zone in which the use is located. f. 100 feet from any marsh, small wash, intermittent lake, intermittent stream, spring or perennial stream appearing on the most current USGS 2000' scale topographic map, unless a qualified biologist, approved by the City, determines that there are no. significant biological resources present or that this standard setback should be adjusted. Sec. 8107-5.6.2 - Obstruction of Drainaae Courses - Drill sites and access roads shall not obstruct natural drainage courses. Diverting or channeling such drainage courses may be permitted only with the authorization of the Public Works Agency. Sec. 8107-5.6.3 - Removal of Equipment - All equipment used for drilling, redrilling, and maintenance work on approved wells e shall be removed from the site within 30 days of the completion of such work unless a time extension is approved by the Planning Director. Sec. 8107-5.6.4 - Containment of Contaminants - Oil, produced water, drilling fluids, cuttings and other contaminants associated with the drilling, production, storage and transport of oil shall be contained on the site unless properly transported off-site, 'injected into a well, treated or re-used in an approved manner on-site or if allowed, off-site. Appropriate permits, permit modifications or approvals must be secured when necessary, prior to treatment or re-use of oil field waste materials. The permittee shall furnish the Planning Director with a plan for controlling oil spillage and preventing saline or other polluting or contaminating substances from reaching surface or subsurface waters. The plan shall be consistent with requirements of City, State and Federal laws. Sec. 8107-5.6.5 - Securities - Prior to the commencement or continuance of drilling or other uses on an existing permit, the permittee shall file, in a form acceptable to the City Attorney and certified by the City Clerk, a bond or other security in the penal amount of not less than $10,000.00 for each well that is drilled or to be drilled. Any operator may, in lieu of filing such a security for each well drilled, 4IP redrilled, produced or maintained, file a security in the penal amount of not less than $10,000.00 to cover all operations conducted in the City of Moorpark, a political subdivision of 66 (7 C the State of California, conditioned upon the permittee well 40 and truly obeying, fulfilling and performing each and every term and provision in the permit. In case of any failure by the permittee to perform or comply with any term or provision thereof, the Planning ' Commission may, after notice to the permittee and a public hearing, by resolution, determine the amount of the penalty and declare all or part of the security forfeited in accordance with its provisions. The sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the City of Moorpark. The forfeiture of any security shall not insulate • the permittee from liability in excess of the sum of the security for damages or injury, or expense or liability suffered by the City of Moorpark from any breach by permittee of any term or condition of said permit or of any applicable ordinance or of this security. No security shall be exonerated until after all the applicable conditions of the permit have been met. Sec. 8107-5.6 .6 - Dust Prevention - The drill site and all roads or hauling routes located between the public right-of-way and the subject site shall be improved or otherwise treated as required by the City and maintained as necessary to prevent .the emanation of . dust. Access roads shall be designed and maintained so as to minimize erosion, prevent the deterioration of vegetation and crops, and ensure adequate levels of safety. Sec. 8107-5.6.7 - Light Emanation — Light emanation shall be 411 controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses. Lighting shall be kept to a minimum to maintain the normal night-time light levels in the area, but not inhibit adequate and safe working light levels. The location of all flood lights and an outline of the illuminated area shall be shown on the landscape plan, if required, or on, the requisite plot plan. Sec. 8107-5.6.8 - Reporting of Accidents - The permittee shall immediately notify the Planning Director and Fire Department and all other applicable agencies in the event of fires, spills, or hazardous conditions not incidental to the normal operations at the permit site. Upon request of any City Agency, the permittee shall provide a written report of any incident within seven calendar days which shall include, but not be limited to, a description of the facts of the incident, the corrective measures used and the steps taken to prevent recurrence of the incident. Sec. 8107-5.6.9 - Painting - All permanent facilities, structures, and aboveground pipelines on the site shall be colored so as to mask the facilities from the surrounding environment and uses in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the Planning Director prior to painting of facilities. • 67 ( ® Sec . 61107-5. 6 . 10 - Site Maintenance - The permit area shall be maintained in a neat and orderly manner so as not to create any hazardous or unsightly conditions such as debris; pools of oil, water, or other liquids; weeds; brush; and trash. Equipment and materials may be stored on the site which are appurtenant to the operation and maintenance of the oil well located thereon. If the well has been suspended, idled or shut-in for 30 days, as determined by the Division of Oil and Gas, all such equipment and materials shall be removed within 90 days. Sec. 8107-5.6 . 11 - Site Restoration- Within 90 days of revocation, expiration or surrender of any permit, or abandonment of the use, the permittee shall restore and revegetate the premises to as nearly its original condition as is practicable, unless otherwise requested by the landowner. Sec. 8107-5.6. 12 - Insurance - The permittee shall maintain, for the life of the permit, liability insurance of not less than $500,000 for one person and $1,000,000 for all persons and $2,000,000 for property damage. This requirement does not preclude the permittee from being self-insured. Sec. 8107-5.6 .13 - Noise Standard - Unless herein exempted, drilling, production, and maintenance operations associated with an approved oil permit shall not produce noise, measured at a point outside of occupied -sensitive uses such as residences, - schools, health care facilities, or places of public assembly, ® that exceeds the following standard or any other more restrictive standard that may be established as a condition of a specific permit. Noise from the subject property shall be considered in excess of the standard when the average sound level, measured overone hour, is greater than the standard that follows. The determination of whether a violation has occurred shall be made in accordance with the provisions of the permit in question. Nomenclature and noise level descriptor definitions are in accordance with the City General Plan Goals, Policies and Progremc and the City General Plan Hazards Appendix. Measurement procedures shall be in accordance with the City General Plan Hazards Appendix. 68 1 (- The The maximum allowable average sound level is as follows: Average Nc'_se Levels (LEQ) Drillin_ and Maintenance Producing Time Period Phase Phase Day (7:00 a.m. to 7:00 p.m. ) 55 dE(A) 45 dB(A) Evening (7:00 p.m. to 10:00 p.m. )50 dE(A) 40 dB(A) • Night (10:00 p.m. to 6:00 a.m. ) 45 dB(A) 40 dB(A) For purposes of this section, a well is in the "producing phase" when hydrocarbons are being extracted or when the well is idled and not undergoing maintenance. It is presumed that a well is in the "drilling and maintenance phase" when not in the "producing phase." Sec. 8107-5.6.14 - Exceptions to Noise Standard - The noise standard established pursuant to Sec. 8107-5.6.13 shall not be 1. exceeded unless covered under any of the following provisions: a. Where the ambient noise levels (excluding the subject facility) exceed the applicable noise standards. In such cases, the maximum allowable noise levels shall not exceed the ambient noise levels _ plus 3 dB(A) . 4111 b. Where the owners/occupants of sensitive uses have signed a waiver pursuant to Sec. 8107-5.6.25 indicating that they are aware that drilling and production operations could exceed the _allowable noise standard and that they are willing to experience such noise levels. The applicable noise levels shall apply at all. locations where the owners/occupants did not sign such a waiver.. Sec. 8107-5.6.15 - Compliance with Noise Standard - When a permittee has been notified by the Planning Division that his operation is in violation of the applicable noise standard, the permittee shall correct the problem as soon as possible in coordination with the Planning Division. In the interim, operations may continue; however, the operator shall attempt to minimize the total noise generated at the site by limiting, whenever possible, such activities as the following: a. hammering on pipe; b. racking or making-up of pipe; c. acceleration and deceleration of engines or motors; 69 C d. drilling assembly rotational speeds t`_at cause more noise than necessary and could reasonably _e rad-iced by use of a slower rotational speed; e. picking up or laying down drill pipe, casing, tubing or rods into or out of the drill hole. If the noise problem has not been corrected by 7:00 p.m. of the following day, the offending operations, except for those deemed necessary for safety reasons by the Planning Director upon the advice of the Division of Oil and Gas, shall be suspended until the problem is corrected. Sec 8107-5.6 . 16 - Preventive Noise Insulation - If drilling, redrilling, or maintenance operations, suet as pulling pipe or pumps, are located , within 1,600 feet of an occupied sensitive use,. the 'work platform, engine base and draw works, ' crown block, power sources, -pipe rack and other probable noise sources associated with a drilling or maintenance operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits applicable to the permit. Such soundproofing shall be installed prior to the commencement of drilling or maintenance activities, and shall include any or all of the following: acoustical blanket coverings, soundwalls, or other soundpraofinc materials or methods which ensure that operations meet tte applicable noise ® standard. Sec. 8107-5.6.17 - Waiver of Preventive Noise Insulation - The applicant may have a noise study prepared by a qualified acoustical consultant, approved by the City. Iff the findings of the study conclude that the proposed project will meet the City Noise standards contained in Section 8107-5.6.13 and do not constitute a nuisance, then the soundproofing requirement may be waived. If the findings show that a noise level will be generated above and beyond the City standards, then soundproofing must be installed sufficient to meet the applicable noise standard. Where a waiver pursuant to Sec. 8107-5.6.25 is signed, no preventive noise insulation will be required. Sec. 8107-5.6. 18 - Soundproofing Materiae' - All acoustical blankets or panels used for required soundproofing shall be of fireproof materials and shall comply with California Industrial Safety Standards and shall be approved by the Ventura County Fire Protection District prior to installation. Sec. 8107-5. 6 . 19 - Hours of Well Maintenance - All nonemergency maintenance of a well, such as the pulling of pipe and replacement of pumps, shall be limited to the hours of 7:00 a.m. to 7 :00 p.m. of the same day if the well site is located within 3,000 feet of an occupied residence. This requirement may be 411 waived by the Planning Director if the permittee can demonstrate that the applicable noise standard can be met or 70 ( that all applicable parties within the prescribed distance have signed a waiver pursuant to Sec. 8107-5 . 6 .25 . Sec . 8107-5 .6 . 20 - Limited Drilling Hours - All drilling activities shall be limited to the hours of 7 : 00 a.m. through 7 :00 p.m. of the same day when they occur less than 800 feet from an occupied sensitive use. Nighttime drilling shall be permitted if it can be demonstrated to the satisfaction _of the Planning Director that the applicable noise standard can be met or that al-1 applicable parties within the prescribed distance have signed a waiver pursuant to Section 8107-5.6 .25. Sec. 8107-5.6.21 - Signs - In addition to the signage otherwise allowed by Sec. 8110, only, signs required for directions, instructions, and warnings, identification of wells and facilities, or signs required by other City ordinances or State and Federal laws may be placed in.areas subject to an oil and gas Conditional Use Permit. Identification signs shall be a maximum four square feet in size and shall contain, at minimum, the following information: 1. Division of Oil and Gas well name and number. 2. Name of owner/operator. 3. Name of lease and name and/or number of the well. 4 . Name and telephone number of person(s) .on 24-hour emergency call. The well identification sign(s) shall be maintained at the well 010 site from the time drilling operations commence until the well • is abandoned. Sec. 8107-5.6.22 - Fencing - All active well sites (except submersible pumps) , sumps and/or drainage basins or any machinery in use or intended to be used at the well site or other associated facilities shall be securely fenced, if required, based on the Planning Director's determination that fencing is necessary due to the proximity of nearby businesses, residences, or other occupied sensitive uses. A single, adequate fence which is compatible with surrounding area, maybe *= used to enclose more than one oil well or well site and ` appurtenances. Location of fences shall be shown on a submitted plot plan and/or landscape plan, if required. Fences must meet all Division of Oil and Gas regulations. Sec. 8107-5.6.23 - General Standards - Projects shall be located, designed, and operated so as to minimize their adverse impact on the physical and social environment. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts and other factors of nuisance and annoyance shall be reduced to a minimum or eliminated through the best accepted practices incident to the exploration and production of oil and gas. Sec. 8107-5.6.24 - Screening and Landscaping - All oil and gas IP `. production areas shall be landscaped so as to screen production 71 4 C ® equipment in a manner consistent with the natural character of the area, if required, based on the Planning Director's determination that landscaping is necessary. Required landscaping shall be implemented in accordance with a landscape and irrigation plan to be approved by the Planning Director or his/her designee after consultation with the property owner. The landscape plan shall be consistent with the City Guide to Landscape -Plans _ and shall include measures for adequate screening of producing wells and permanent equipment from view of public roads or residential uses, revegetation of all cut and fill banks, and the restoration of disturbed areas of the site not directly related to oil and gas production. Low water usage landscaping and use of native plants shall be encouraged. Sec. 8107-5.6.25 - Waivers - Where provisions exist for the waiver of an ordinance requirement, the waiver must be signed by the owner and all adult occupants of a dwelling, or in the case of other sensitive uses, by the owner of the use in question. Once a waiver is granted, the permittee is exempt from affected ordinance requirements for the life of the waiver. Unless otherwise stated by the signatory, a waiver signed pursuant to Sec. 8107-5.6 . 14(b) shall also be considered a waiver applicable to Sections 8107-5.6. 16, .17, .19 and .20. Sec. 8107-5.6.26 -Application of Sensitive Use Related Standards - The imposition of regulations on petroleum operations, which 410 are based on distances from occupied sensitive uses, shall only apply to those occupied sensitive uses which were in existence at the time the permit. for the subject oil operations were approved. Sec. 8107-5. 6 .27 - Inspection, Enforcement and Compatibility Review - To ensure that adequate funds are available for the legitimate and anticipated costs incurred for monitoring and enforcement activities associated with new or modified oil and gas related Conditional Use Permits, the permittee shall deposit with the City funds, determined on a case-by-case basis, prior to the issuance of a Zoning Clearance. The funds shall also cover the costs for any other necessary inspections or the resolution of confirmed violations that may occur. One deposit may be made to cover all of the permittee's various permits. In addition, all new or modified Conditional Use Permits for oil and gas related uses shall, at the discretion of the Planning Director, be conditioned to require a compatibility review on a periodic basis. The purpose of the review is to determine whether the permit, as conditioned, has remained consistent with its findings for approval and if there are grounds for proceeding with public hearings concerning modification, suspension, or revocation of the permit. Sec. 8107-6 - PRODUCE STANDS Sec. 8107-6 . 1 - One produce stand per lot is allowed. Sec. 8107-6 .2 - A produce stand shall be permitted only if 72 l accessory to permitted crop production on the same lot, and only 4/0 if at least 25 percent of the area of the lot is devoted to crop production. Sec . 8107-6 . 3 - A produce stand may sell raw unprocessed fruits, vegetables , nuts , seeds and cut flowers grown on the same lot and on other lots in the City. Sec. 8107-6 .4 A produce stand may sell only those ornamental plants that are grown on the same lot as such stand is located. Sec. 8107-6 .5 - No commodities other than those listed above may be sold from a produce stand. Sec. 8107-6. 6 - The floor area of such stand shall not exceed 400 square feet each. } { Sec. 8107-6.7 - Such stand shall not be located or maintained ' T. within 30 feet of any public road, street or highway. This .. y setback area shall be kept free to provide for off-street . .: F parking. t, Sec. 8107-6.8 -- The construction thereof shall be of a temporary - , 'q nature and shall not include a permanent foundation. ..'.,A Sec. 8107-6.9 - A produce stand may have one freestanding sign •:`. � �,`; tt and one attached sign, asV in addition to the attached or : ' ''-.4' freestanding sign otherwise allowed on the property, provided -z:3-111,1 that the respective area limits for attached and freestanding :'::.,.. . signs, pursuant to Sec. 8110-5.1, are not exceeded in the ::1:e::, J-:.p-i';; aggregate. A sign for a produce stand may have a commercialc. .'",.- message. message. .`, Sec . 8107-7 - RECREATIONAL VEHICLE PARKS- Each application for the .qt ' development of a recreational vehicle park, as defined in Title 25 .". :n, of the California Administrative Code under "recreational trailer A, park, " shall be subject to the following regulations. ' '2::'4 Sec. 8107-7. 1 - Development Standards: _ '`' Sec. 8107-7. 1. 1 - Minimum lot area for a recreational vehicle = , -• park shall be three acres. _:_ '�� • Sec. 8107-7. 1.2 - Minimum percentage of the net area of each :.:•: ' N. recreational vehicle park which shall be left in its natural : ;F state or be landscaped shall be 60 percent. .t; Sec. 8107-7. 1. 3 - The maximum size of a recreational vehicle occupying a space in the park shall be 220 square feet of living area. Living area does not include built-in equipment ., ;.. kap:. :�'i,w such as wardrobes, closets, cabinets, kitchen units;.' or .,az ;: :•�+Y:44i fixtures, or bath and toilet rooms. `. Sec. 8107-7 . 1.4 - Building height and setbacks shall be as prescribed in the applicable zone, except where Title 25 of 73 • 'OLIC1 PROGRAM POLICY 1 NOISE BARRIERS OP OTHER NOISE M:TIGATION TECHNIQUES SHOULD BE REQUIRED =); NEW SC310= ISIC`iS IF DEVELOPED ALONG STATE HIGHWAYS, CITY STREE-3, OF. RLILiG;ADS WHERE A S=GNIFICANT IMPACT EXISTS OR IS PROJECTED AT F=A_?B`: NOISE-SENSITIVE LOCATIONS. Action The City should revie. proposed subdivision tracts, parcel maps and site p' =_ns i-voly:r._, residential development with respect to noise impa : ts a re:siire noise barriers or alternative sound attenuation t.o. reduce tae interior and- exterior CNEL to 45 dB and 65 dB, res_ective_y . 3.efer to Policy 4 for a discussion of in- terior and exterior n_:se exposure standards . ) C Implementation The City shall adopt _ntform. standards for planning and new con- struction for residential developments within the noise im- pact areas adjacen._ t: projected transportation corridors in the City. Su :h transportation corridors include railroad right-of- ways and state highways_ An example of such condi tions of ap- proval are contained in Annex 1 to this document. Such standards should be adopte_ ori _r to January 1 , 1987 . • Discussi4Il Actual noise barriers may be rea-ired on State, City , or railroad rights-of-..ay at .-: eiznnts from 3 to 12 feet in order to reduce noise to s _ _ept_ _' e _ _ , els . Other methods to reduce noise im- pacts to : ._ re s_ ___ _s a. substituted , such as increased setbacks , 517:e, layt __ . an: t i _ _ _ ng :resign . Responsibility Community Development Department, CalTrans, and the Southern Pacific Transpc-tation Company. r 28 • • POLICY 2 r NOISE BARRIER CONSTRUCTION ALONG STATE HIGHWAYS SHOULD BE PURSUED WHERE A SIGNIFICANT IMPACT EXISTS OR IS PROJECTED AT NEARBY RESI- DENT:AL ZONES AND OTHER NOISE SENSITIVE LOCATIONS. Acti -a The City should actively encourage the State of California to finance the construction of noise barriers or develop other noise mitization strategies to reduce noise impacts on adversely im- pacted areas . Implementation The City Council should utilize all appropriate political or ad— ministrative actions in order to secure funding from the State of California and/or the Department of Transportation for the State of California to construct barriers to obstruct or dissipate i sour.; emissions, or to develop other noise mitigation strategies, to reduce noise impacts on noise-sensitive areas adjacent to state highways. Discission Residential locations directly adjacent to the highways are ex- posed to a . CNEL in the range of 65 to 80 dB. Noise barrier heizhts from 10 to 12 feet are needed at these locations to reduce the noise .o acceptable levels. Such construction requires the approval , cooperation, and financing by the State of Cal ±_fornia. _es=_nsibility Cor - unity Develc -ment Department liaison with City Council reec_sts to the State of California . 29 POLICY 3 r_ NOISE BARRIERS SHOULD BE CONSTRUCTED ALONG THE SOUTHERN PACIFIC RAIL LINE CORRIDOR WHERE RESIDENCES EXIST ADJACENT TO TEE MAIN TRACKS. Act' Dn Where funding is available, the City should consider constructing noise barriers in residential areas where existing homes are directly adjacent to the main tracks. Implementation The City should encourage railroad companies to implement • policies to reduce noise produced by trains and switching move- ments, especially near residential areas and during the night. The City Council should utilize appropriate political or ad- ministrative actions to secure railroad companies' participation in the construction of barriers to obstruct or dissipate sound emissions to reduce.. noise impacts on noise-sensitive locations adjacent to railroad right-of-ways. In conjunction with the preparation of the downtown plan or any future general plan up- date or applicable specific plan the City should investizate and consider appropriate funding alternatives , including, but not limited to, the formation of a redevelopment agency or the forma- tion of assessment districts to secure the construction of the necessary noise barriers. Dis:ussion Residential locations adjacent to rail lines are exposed to noise in the range of 90 to 110 dB(A ) during train pass-bys. The con- struction noise barriers with heights of 13 to 15 feet sh :uld be considered as a noise reduction measure. Construction of a scrod barrier must be as close as possible to the track = n order to be effective and economically feasible. This requires the 30 • • actual construction of the barrier on the rail line right-of-way which is under the management of the Southern Pacific Transporta- r tion Company . Such construction requires the approval of , cooperation of, and coordination with this railway company. Responsibility City of Moorpark i 31 • • POLICY 4 r. THE CITY SHOULD CONSIDER PLANNING GUIDELINES WHICH INCLUDE NOISE CONTROL FOR ALL NEW RESIDENTIAL DEVELOPMENTS AND CONDOMINIUM CON- VERSION PROJECTS. Action The City should adopt guidelines which consider noise as an early factor in planning future residential developments. In addition, the City should recuire that the State' s Noise Insulation Stand- ards be applied to all new single family and condominium conver- sion projects. Implementation The City shall adopt uniform conditions of approval for new residential developments which are in the noise impact area of commercial and industrial operations as well as existing transportation sources. These standards should be adopted prior to January 1 , 1987 . Discussion Portions of the City are significantly affected by noise, as shown in the noise contour maps of Figures 6 and 7. An acousti- cal analysis should be required for all new residential and con- dominium conversion projects within the 60 dB CNEL contour of the highways , arterials, and rail lines within the City . This analysis should indicate the existing and projected CNELs on the site and the metho_(s ) by which the noise is to be controlled or 32 • reduced to no more than 65 dB within the exterior living space, and no more than 45 dB within the interior living space of the project. This latter standard requires that the City extend the application of the States Noise Insulation Standards to all new single family and condominium conversion projects. Currently , they only apply to all new multifamily units (apartments, motels, etc. ) . Noise should be considered early in the development of new residential or noise-sensitive construction. The location and orientation of the residential buildings may be configured to minimize or eliminate a noise problem for a site adjacent to the freeway, arterials, or rail lines. Other effective noise reduc- ti on tools include the use of ear then berms, sound reducing walls, and generous setbacks. Interior CNEL levels may be reduced to 145 dB or less in any of the following ways : 1 . A reduction of the exterior noise to which the dwelling is exposed, 2. Installing sound rated windows suitable for the noise reduc- tion required , 3 . Configuring and insulating exterior walls and roofing systems to reduce the interior noise to acceptable levels, 14 . Locating (or eliminating) vents, mail slots, etc. , to mini- mize sound propagation into the home, and 5 . Installing forced air ventilation as needed to provide a habitable living space if the interior CNEL is to be met with all or some windows closed . Respon�i1i1ity Community Development Department 9-.- 3L � r POLICY 5 FUTURE PROJECTS WITHIN THE CITY SHOULD REFLECT A CONSCIOUSNESS ON THE PART OF THE CITY REGARDING THE REDUCTION OF UNNECESSARY NOISE NEAR EXISTING NOISE--SENSITIVE AREAS SUCH AS RESIDENCES, PARKS, HOSPITALS, LI3RARIES, CONVALESCENT HOMES, ETC. Action 1 . Maintain liaison with transportation agencies such as CalTrans regarding the reduction of noise from existing facilities. The design and location of new facilities should also be considered. 2. Consideration should be given to buffering noise-sensitive areas from noise generating land uses. 3 . Noise monitoring within the City should be an ongoing process concuctei by the appropriate departments. Additionally, a liaison should be developed between the City and the Ventura County Health Department in order to obtain assistance in on- site measurements of noise levels. 4 . Close attention should be paid to the noise evaluation in environmental impact statements. Implementation • The City shall adopt standards for planning and new construction that conform to existing noise impact levels. Such standards should be accpted by the City prior to January 1 , 1986 . The City should also adopt a maximum permitted noise level which is within the li . its :hat will protect public health and which will con- sider land ..se relationship in the specific geographical situa- tion. Such -:aximum noise levels should to established prior to July 1 , 198.- . In this regard , the City shall : 35 l o Establish acceptable noise standards consistent with health and quality of life goals and employ effective techniques and noise abatement through such means as building codes, subdivision, and zoning ordinances. o Develop noise reduction strategies and priorities to reduce noise where noise impacted areas exist. o Encourage the use of quieter automobiles, machinery , and equipment. o Develop criteria for location of certain noise-sensitive land uses and facilities such as schools, hospitals, etc . These facilities should be adequately designed and insu- lated to protect occupants from unusually loud exterior noise. y; o Include consideration of the noise environment as a part of all land use planning. o Regulate or abate unnecessary outdoor noise. Discussion To reduce the level of noise in noise-sensitive areas, the Cir- culation Element of the General Plan should indicate the location of major streets so as todivert through traffic away from these areas. As the existing and projected noise contours developed for the Noise Element indicate, traffic is a major source of noise in the City . However, these contours should not be considered adequate for site specific evaluations. Site specific reports with satis- factory noise assessments have the additional value of helping to monitor localized noise conditions. These concerns should include: 36 • 1 . Annoyance - Excessive noise is socially disruptive and may be physically damaging. 2. Economics - Excessive noise adversely affects property values and levels of productivity. In the past, the costs of ex- cessive noise from transportation facilities have been passed on to those in the vicinity rather than be borne by the producer of the noise. Responsibility Community Development Department 37 t � • POLICY 6 THE CITY SHOULD DEVELOP A POLICI FOR NOISE ABATEMENT AND CONTROL OF RESIDENTIAL, COMMERCIAL, ANL INDUSTRIAL ACTIVITIES WITHIN THE CITY SUCH THAT INTRUSIVE NOISE IS LIMITED TO ACCEPTABLE STAND- ARDS. Action The City should consider the adaption of an appropriate ordinance which will place a limit on the level of noise produced by residential , commercial , and industrial activities that may intrude on adjacent properties. Implemen .ation The City should adopt a comprehensive noise ordinance which regu- lates noise in the City and provides for the abatement of exces- sive noise. Discussion Noise emanating from residential, commercial, and industrial uses is regulated by the City' s Municipal Code. However, acceptable dB(A) ranges have not been designated for these uses. Responsibility Community Development Department 33 • POLICY 7 L THE CITY SHOULD ENCOURAGE THE REDUCTION OF NOISE THROUGHOUT MOOR- PARK Action 1 . The City should encourage the Southern Pacific Transportation Company to reduce the level of noise produced by train move- ments within the City. This can be accomplished by regular maintenance of the track and trains. Use of the trains ' horns should also be ®inimized. The City should also monitor the existing operations on the rail lines as well as any plans for future development. Any actions that increase the level of noise throughout the City should be discouraged. 2. The City should consider noise control requirements for all new equipment purchases. 3 . The City should implement a review process concerning its policies and regulations affecting noise every five years or as new technological developments warrant , per State guideline requirements. 4. The City should encourage the enforcement of regulations (such as the State Vehicle Code noise standards) for all privately owned, City owned, and City operated automobiles, trucks, and motorcycles operating within Moorpark. Responsibility Community Development Department, City of Moorpark Police Depart- ment. 39