§ 23.08.094. Petroleum Refining and Related Industries, and Marine Terminals and Piers.

This section applies to establishments primarily engaged in petroleum refining and compounding lubricating oils and greases from purchased materials, oil or gas processing facilities, manufacture of petroleum coke and fuel briquettes and tank farms. Additional requirements applicable to such facilities are contained in Energy and Industrial Policies 33-35 in the Local Coastal Program Policy Document. Section 23.08.284 may also be applicable to such facilities.

a.

Specific Plan Required: An application for a land use permit for a project within the use group of Petroleum Refining and Related Industries (including extended reach facilities) and Marine Terminals and Piers may be applied for and obtained only after a Specific Plan, as described in Government Code Section 65450 et seq., for overall development of the parcel has been approved, except for:

(1)

An existing facility used solely for in-field processing of petroleum produced from a field surrounding or adjacent to the facility and not exceeding 10,000 barrels processing capacity of petroleum and related fluids, excluding produced water, per day;

(2)

An existing facility used solely for in-field compression or sweetening of natural gas and similar fluids produced from a field surrounding or adjacent to the facility;

(3)

Existing storage facilities having a capacity not exceeding 210,000 barrels of crude petroleum or refined petroleum products;

(4)

Emergency oil spill response facilities;

(5)

Additions within existing facilities or modifications to existing facilities mandated by local, state, or federal requirements or by a demonstrated need for replacement due to technological improvement or facility age that do not expand the capacity of a facility by more than 10 percent or expand the existing exterior boundary of the site; and,

(6)

Any new marine terminal or pier which will be used solely for commercial, recreational, or fishing purposes excluding onshore support facilities for petroleum production, equipment, and related passenger transportation facilities; and,

(7)

Any facility described by size, capacity, physical characteristics, and site as part of a previously approved specific plan.

b.

Specific Plan preparation costs to be borne by applicant: Any applicant requesting preparation and approval of a Specific Plan must, prior to the initial acceptance of the application, agree in writing to pay all reasonable expenses incurred by the County of San Luis Obispo in preparing and reviewing the request within 30 days after being invoiced for such costs, and must deposit with the County of San Luis Obispo a sum to be set in accordance with the fee schedule adopted by County ordinance in order to pay for any such costs incurred by San Luis Obispo County and not otherwise compensated by the applicant.

c.

Contents of Specific Plan: Specific Plans shall include all information required by Government Code sections 65450 et seq., all information required by provision of the San Luis Obispo County General Plan, Local Coastal Plan, and by other provisions of County ordinances, and all information required by each of the following;

(1)

A detailed description of long-term plans for use of the site, including specific characteristics, volumes, and sources of hydrocarbons; specific descriptions of all expected incoming and outgoing transmission or shipment facilities or changes in intensity of use of existing facilities which may result from a proposal; description of anticipated size, type and location of initial and subsequent refining, processing, cogeneration, storage, transmission, and associated facilities; and delineation of transportation and access routes for materials and personnel, including location and physical characteristics of such routes and the incremental burdens to be imposed on each route during construction or operation of facilities and analysis of the extent, if any, to which access routes may create nuisances or hazards for adjacent properties.

(2)

A schedule for initial and subsequent phases of development of the site which specifies the anticipated order in which facilities will be constructed and operated, circumstances which will cause need for specific facilities, and anticipated timing of commencement of permitting, construction, operation, peak operation, and decommissioning for each facility;

(3)

Volume and time of demand for other resources including but not limited to water, natural gas, and electricity;

(4)

Identification, volume and nature of hazardous materials other than crude oil, natural gas, or petroleum products refined on-site to be imported into the site, stored or produced on-site, transmitted or shipped off-site, as well as characterization of any hazardous waste contamination existing on the parcel or which may be expected from construction or operation of the planned facility;

(5)

An analysis of the compatibility of the proposed use with present characteristics of the parcel, with surrounding uses, and with the physical, cultural, socioeconomic, recreational and aesthetic character of the surrounding region;

(6)

A plan showing that the proposed use will be buffered and screened from adjacent land uses to protect adjacent uses, the proposed use, and the people and resources of the region from harm or encroachment;

(7)

An analysis of the extent to which the configuration and characteristics of intended facilities and operations will be compatible over the life of facilities with surrounding uses, physical, cultural, socioeconomic, recreational and aesthetic characteristics of the region, and with public health and safety;

(8)

Plans of the proponent and any partners or other operators for any fields expected to send production to the planned facility together with a showing of the extent to which the planned facility addresses consolidation of processing, refining, storage, shipment and transmission of hydrocarbons;

(9)

A detailed description of a buffer area which includes a sufficient area around the planned project to confine, buffer, and screen impacts, including potential impacts, from the project and to prevent encroachment of incompatible land uses within the area of influence of the planned facility to promote public health and safety, and to promote land use compatibility by designating an area around the facility within which no land uses incompatible with the proposed project will be allowed during the life of the project. The precise designation of the buffer area shall be reviewed during the CEQA process and approved at the time of specific plan approval to prevent subsequent encroachment.

d.

Factors to be Considered: Since the Specific Plan is necessary to provide a tool for systematic implementation of the general plan, it must be precise as to the distribution, location, and extent and intensity of the major components for the proposed facility. Before the Board of Supervisors may approve any Specific Plan requested pursuant to this section, it shall consider whether its action protects and promotes community health, safety, air and water quality, soil and habitat stability, riparian and wetland areas, and coastal, cultural and visual resources, traffic and noise thresholds, land use compatibility, and availability of services and also recognizes a need for facilities to support offshore or onshore hydrocarbon production.

The foregoing requirements are in addition to the informational requirements set forth below in subsection 23.08.094g (Application Requirements).

e.

Pre-application conference required: Development Plan applications filed after approval of the Specific Plan, as required by subsection 23.08.094a above, shall be preceded by a pre-application conference scheduled by the Department of Planning and Building. The purpose of the conference shall be to identify concerns, standards, regulatory limits, application contents, information needs, requirements and mitigations as set forth in the approved Specific Plan, and format requirements that are necessary to process and evaluate a proposal.

f.

Permit requirements: Development Plan approval by the Board of Supervisors is required for all new uses and any expansion of the external boundaries of existing uses. The action of the Planning Commission described in Section 23.02.034c shall be a recommendation to the Board of Supervisors. Minor Use Permit approval is required for modification of facilities within an existing approved development, unless a condition of a previous Development Plan approval sets a different land use permit requirement.

g.

Application requirements: In addition to the application content requirements of Chapter 23.02 (Permit Applications) an application filed pursuant to this section shall also include written explanation of the following requirements as determined at the preapplication conference:

(1)

The proposed design capacity of the facility; the operating schedule; the energy use; the products and materials to be received at the facility; how the products and materials are to be delivered; the processing methods; the products to leave the site; and the physical and contractual arrangements for connections with other facilities.

(2)

Alternatives to the proposed facility and to separable aspects of the proposal. This discussion shall include discussion of reliability of the proposed facility and alternatives, as well as their economic and environmental advantages and disadvantages.

(3)

Plans for any overhead or underground electric transmission lines, transformers, inverters, switchyards, including their size and capacity or any required new or upgraded off-site transmission facilities.

(4)

Plans for any other required utility connections such as telecommunications, natural gas, water or sewage. This will include physical arrangements, timing of construction, expected volumes, and contractual arrangements.

(5)

The cooling system, if any, including volume and flow characteristics, source of the cooling fluid and the location, flow and chemical make-up of any liquid or gaseous discharges.

(6)

Potable water requirements and proposed source.

(7)

The fuel sources, delivery and storage systems and firing characteristics.

(8)

The air pollution control system and emission characteristics.

(9)

The characteristics of the liquid and solid wastes produced and the liquid and solid waste disposal systems.

(10)

Any toxic and/or hazardous materials as defined by the EPA or the State of California which will be used during the construction and operation, including estimates of the volumes of each, the inventory control system that is proposed, the disposition of these materials and the disposal system and ultimate location for disposal. The applicant shall also demonstrate why non-toxic materials cannot be substituted for the toxic and/or hazardous materials proposed.

(11)

An oil spill contingency plan, a spill prevention control and countermeasure plan and a system safety plan.

(12)

If another public agency must also approve the proposed facility, the applicant shall also provide:

(i)

A brief description of the nature and scope of the requirements of that agency; including the agency's procedures for acting on the proposed use.

(ii)

A schedule for applications and approvals for actions by other responsible agencies.

(iii)

A copy of all necessary state and federal permits and associated conditions of approval issued by the agencies listed prior to the submittal of the application.

(13)

An applicant may incorporate by reference any information developed or submitted in any other application, provided the applicant submits a copy of the referenced material, identifies the permitting process in which it was submitted and the outcome of that permitting process, and explains the relevance of the information to the standards for approval pursuant to this title.

(14)

The number and identification by trades of estimated construction and operation forces. If construction is estimated to take over six months, the construction workforce shall be estimated for each six-month period. The estimates shall include numbers of locally hired employees and employees who will move into the area, and a discussion of the estimated impact that employees moving into the area will have on housing, schools, traffic, water supplies, waste water facilities and emergency services.

h.

Standards and specifications: The following standards apply in addition to other applicable provisions of this title, and any requirements imposed through the Development Plan process:

(1)

Bonding: Following permit approval and before any work on the proposed site, the applicant shall post a surety bond in favor of the county, conditioned on conformance with all applicable conditions, restrictions, and requirements of this title and all conditions required by the Development Plan. Such guarantee is in addition to any bond required by the state. The total value of this bond will be established through the Development Plan approval process.

(2)

Environmental quality assurance: An Environmental Quality Assurance Program covering all aspects of construction and operation shall be submitted for approval by the Director of Planning and Building prior to construction of any project component. This program will include a schedule and plan for monitoring and demonstrating compliance with all requirements of the Development Plan. Specific components of this Environmental Quality Assurance Program will be determined during the environmental review process and Development Plan approval process.

(3)

Clearing and revegetation: The land area disturbed and the vegetation removed during construction shall be the minimum necessary to install and operate the facility. Topsoil will be stripped and stored separately. Disturbed areas no longer required for operation shall be regraded, covered with topsoil and replanted during the next appropriate season.

(4)

Utility interconnect: All distribution lines, electrical substations, and other interconnection facilities shall be constructed to the specifications of the affected utility. A statement from the utility confirming that the proposed interconnection is acceptable shall be filed with the Chief Building Inspector prior to the issuance of any building permit. Interconnection shall conform to procedures and standards established by the California Public Utilities Commission.

(5)

Hazardous materials: Prior to their delivery and use on-site, the applicant shall submit a hazardous material and waste management plan for review and approval. Details to be contained in this plan will be established through the environmental review process and the Development Plan approval process.

[Amended 1992, Ord. 2591; 2004, Ord. 3001]