Dana Point City Zoning Code
CHAPTER 9
77 ON-SHORE SUPPORT FACILITIES FOR OFF-SHORE OIL DRILLING - APPROVALS REQUIRED
§ 9.77.010 Purpose.
The purpose of this Chapter is to protect the unique and picturesque coastline along the City of Dana Point and to prevent Dana Point from becoming an oil port or other logistical base for off-shore oil operations.
(Added by Ord. 92-06, 6/23/92)
§ 9.77.012 Findings of Need for Chapter.
This Chapter is needed for the following reasons:
(a)
The City of Dana Point's coastal zone is an environmentally sensitive area which can be irreparably harmed by the seepage of environmental contaminants such as untreated petrochemical products.
(b)
The City of Dana Point's coastal zone is a heavily populated residential area.
(c)
An on-shore oil facility placed within the City of Dana Point's coastal zone would be in close proximity to a high concentration of residences.
(d)
In the normal course of operations, oil facilities increase traffic and produce irritating and unpleasant odors.
(e)
The City of Dana Point is a small community with many unique and environmentally sensitive habitat areas.
(f)
The City of Dana Point is located in a physical setting with spectacular visual qualities. The visual resources of the community serve as valuable assets to both City residents and visitors.
(g)
Tourism is an important part of the City's economy with the quality of the beaches and the beautiful visual resources being a prime factor in the success of the tourist industry. Oil and gas development off-shore could have a disastrous effect on beaches within the City and the tourist industry.
(h)
Support facilities for off-shore oil and gas development cannot be accommodated in the City of Dana Point. The City's approved Local Coastal Programs contain no sites designated for on-shore support facilities associated with off-shore oil development. Any site in the City would have debilitative effects on the local economy and environment.
(Added by Ord. 92-06, 6/23/92)
§ 9.77.014 On-Shore Support Facility Defined.
"On-Shore Support Facility" or "On-Shore Oil Facility" shall mean any structure or development created for the purpose of storing, transporting, or processing liquid petroleum products or natural gas products which operates directly or indirectly in support of any off-shore oil or gas exploration, development, drilling, pumping, or production. Nothing herein provided shall preclude the development of, transportation to, or storage of petroleum products and natural gas products for the retail sale of the same within the City limits.
(Added by Ord. 92-06, 6/23/92)
§ 9.77.016 Application for and City Council Findings Necessary for On-Shore Support Facilities.
Whenever any person, partnership, group, firm, or corporation seeks an amendment to the Dana Point General Plan, the Dana Point Zoning Ordinance, any approved Specific Plan, or any applicable Local Coastal Program to permit the development within the City's coastal zone of any on-shore support facility for off-shore oil drilling, the City Council shall hold a public hearing to determine if:
(a)
The proposed amendment is consistent with the coastal policies contained in Public Resources Code Sections 30200 through 30265.5;
(b)
The proposed amendment is consistent with the City's General Plan;
(c)
The proposed amendment is consistent with the Dana Point Zoning Ordinance;
(d)
The proposed amendment is consistent with any applicable Specific Plan;
(e)
The proposed amendment is consistent with any applicable Local Coastal Program;
(f)
The proposed amendment and underlying development will not pose a significant danger or threat to life, injury, or property of residents of the neighborhood, community, or City;
(g)
The benefits of the proposed amendment and underlying development clearly outweigh the possible adverse environmental effects;
(h)
There are no feasible alternatives to the proposed amendment and underlying development; and,
(i)
The location and approval of the on-shore support facilities identified in the proposed amendment and underlying development at the particular location clearly outweigh any potential harm to public health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or community and will not be detrimental or injurious to property in the neighborhood, community, or to the general welfare of the City.
(Added by Ord. 92-06, 6/23/92)
§ 9.77.018 City Council Approval, Submission to Voters.
(a)
If after concluding the public hearing, the City Council is able to make the findings set forth in Section 9.77.016 above, the City Council shall submit the proposed amendment to a vote of the people at either a special election or the then upcoming general election in accordance with Elections Code Section 4017.
(b)
If the proposed amendment receives a majority of vote of those voters casting ballots on the measure, the proposed amendment shall be deemed adopted. The amendment shall be effective 10 days following City Council certification of the election canvass.
(c)
If the proposed amendment fails to receive a majority vote of those voters casting ballots on the measure, the amendment shall have failed passage. The applicant or his/her successor-in-interest shall not thereafter file a subsequent application for a proposed amendment which is substantially the same or similar to the one which failed passage for a period of one year.
(d)
The person, partnership, group, firm, or corporation seeking any such amendment hereunder shall pay, to the extent permitted by law, any and all costs associated with the special or general election required herein. The City Council is hereby authorized to require the posting of a bond, letter of credit, or similar security as a condition precedent to calling an election on the proposed amendment.
(Added by Ord. 92-06, 6/23/92)
§ 9.77.020 City Council Action Required and Authorized to Effectuate Purposes of this Chapter.
The City Council of the City of Dana Point is hereby authorized and directed to enact any further Ordinances, Resolutions, policies, or other documents necessary to give effect to or further the purposes of this Chapter.
(Added by Ord. 92-06, 6/23/92)
§ 9.77.022 Limitations of Chapter.
The initiative Ordinance election provided for by this Chapter is intended to extend only to those legislative acts which may be validly exercised by the City Council or the People of the City of Dana Point in connection with the amendment to the City of Dana Point's General Plan, the City of Dana Point's Zoning Ordinance, any applicable Specific Plan, or any applicable Local Coastal Program to provide for the development of onshore support facilities for off-shore oil drilling. This Chapter is not intended and shall not be construed to apply to any activity or program which is regulated by federal or state law to the extent that such application of this Chapter would conflict with such law. It is the intention of the City Council and the People of the City of Dana Point that this Chapter be interpreted to be compatible with federal and state enactments.
(Added by Ord. 92-06, 6/23/92)
§ 9.77.024 Amendments to Chapter.
With the exception of recodification into any comprehensive Municipal or Zoning Code, this Chapter may only be amended or repealed by a majority vote of the People of the City of Dana Point.
(Added by Ord. 92-06, 6/23/92)