HomeMy WebLinkAboutRES-93-5621 CUP for 555 6th St. (Rescinded 93-56321
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STAFF ALTERNATIVE RESOLUTION
RESOLUTION 9 3 - 5 6 2 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR OIL
DEVELOPMENT AT THE CITY MAINTENANCE YARD, 555 6TH STREET, AND
CONSTRUCTION OF AN OIL PIPELINE ALONG VALLEY DRIVE FROM SIXTH
STREET SOUTH TO HERONDO STREET
WHEREAS, on May 8, 1990, the City Council certified an
Environmental Impact Report and adopted a Statement of Overriding
Considerations for the project, thereby complying with the
requirements of the California Environmental Quality Act in
review of this project;
WHEREAS, the City Council has reviewed and considered the
information contained in the final EIR for the project;
WHEREAS, the City Council held a public hearing on July 13 ,
1993, to consider the recommendation of the Planning Commission
and to receive oral and written testimony regarding this matter
and made the following findings:
A. The site is zoned M-1 and is suitable for the type and
density of the proposed development;
B. Design of the proposed project is compatible and consistent
with applicable elements of the City's General Plan, the
zoning ordinance, and the Oil Code, and implements the
mitigations measures, where applicable, as set forth in the
Certified EIR;
C. An Environmental Impact Report has been adopted and certified
by the City and the proposed project with the incorporation
of mitigating conditions below, which include the approved
mitigation measures contained in the EIR, will eliminate or
reduce identified environmental impacts to an acceptable
level;
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D. Any remaining unavoidable adverse environmental impacts are
overridden by the benefits of the project as set forth in the
adopted Statement of Overriding Considerations;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California, does hereby approve an
oil development project and the construction of an oil pipeline,
subject to the following conditions:
SECTION 1. GENERAL
1. The testing phase for all production shall be a maximum of
one year from the date drilling is initiated.
2. If the project cannot comply with operation standards
established by these conditions of approval, after two
warnings the operation shall be fined and/or shut down
through permit revocation by the City, except in regard to
noise, if it is determined that a diligent effort is being
made, and a plan has been provided, reviewed and approved by
the City Council
3. A minimum of one annual site audit shall take place to
inspect for soil contamination as a result of accidental
spills in any areas not paved and exposed. Auditor shall be
hired by City.
4. The maximum number of days the workover rigs shall be on -site
shall be 90 days per year, and shall be operated weekdays
8:00 A.M. to 6:00 P.M.
5. In the event that a residence with solar panels is affected
by shading, a site specific study paid for by the oil
contractor shall be conducted to determine economic impact.
6. Pursuant to Assembly Bill 3180 the operation shall be
monitored for all conditions of the approval of which the
City has responsibility which includes (but not limited to)
noise monitoring and inspection of the site for proper
maintenance.
7. The proposed plans shall be submitted to the division of oil
and gas for their review and recommendation;
a. Any recommendation by the Division shall be taken into
consideration prior to approval, and may be included as
conditions of approval.
8. Drill cuttings and other wastes, shall be collected in above
ground containers and disposed of at an approved disposal
site. Receipts for all disposal of waste product shall be
provided within ten (10) days of disposal to the Public Works
Director.
9. All requirements, standards, conditions stated within the Oil
Production Code, Chapter 21-A, of the City's Municipal Code
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shall be met, unless more restrictive requirements are
imposed through mitigation measures; where it cannot be
1 clearly determined whether the City's Oil Ordinance, Chapter
21-A or mitigation measures are more stringent, the
2 appropriate City staff shall make a determination; appealable
to the City Council.
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10. Three (3) copies of final building plans including site,
4 elevation, and floor plans shall be submitted for review and
approval by the Planning Director prior to the issuance of
5' any Building Permit.
6 11. The proposed development shall be in substantial conformance
with submitted plans. Any minor modification shall be
7. reviewed and may be approved by the Planning Director.
81 SECTION 2. LAND USE DEVELOPMENT
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The maximum size for any storage tank of any type shall be
forty feet in diameter and sixteen feet in height,
appurtenances not included.
2. Prior to construction and prior to obtaining building permits
for oil production, a complete soil analysis shall be
performed.
3. Not more than five tanks shall be installed, and shall be
submerged in a concrete basin which shall contain 1 1/2 times
the volume of the tank fluids, or as required by the State
Division of Oil and Gas.
4. All wells shall be drilled and cemented in accordance with
State Division of Oil and Gas regulations to protect
underground aquifers.
5. Except for the drill rig and drawworks, no equipment or
appurtenant structures shall exceed 16 feet in height from
grade as defined by the Oil Code.
6. The electrical service systems shall be designed with
sufficient capacity to minimize surging impacts.
7. The well cellars shall be concrete lined and shall be
designed to hold contaminated run-off from on -site sources;
or a sump shall be provided.
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Solid state control console linked to a control system to
perform energy conservation functions such as start/stop time
programming of motor equipment, data logging of energy
consumption and maintenance and service scheduling shall be
provided.
a. All Electrical machinery where possible shall have a
minimum coefficient of efficiency of 0.75.
9. Parking shall be provided on the site consistent with the
submitted parking plan to provide adequate parking facilities
for all workers involved in oil recovery operations,
including exploratory and production phases.
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10. All studies, reports, plans and analysis required by any
section of this C.U.P. or required by law shall be submitted
to and approved by the City prior to the issuance of any
permit for commencing any work, including site preparation.
An up -front deposit of $10,000 in addition to any required
plan check fees shall be submitted at the time of submitting
such studies, reports, plans or analysis for the City to draw
upon to cover the City's cost of hiring the appropriate
expert or specialist, if necessary, to review these
submittals for adequacy. Any amount of the deposit not used
would be returned to the permittee, and any additional costs
the City spends over $10,000 shall be re-imbursed by the
permittee.
SECTION 3. PUBLIC SAFETY
1. The site shall be enclosed by a solid masonry or concrete
wall with solid gates during all operations, protecting both
against public entry, observation and attraction. A chain
link fence to provide security is acceptable only through the
exploratory phase.
2. Security personnel shall be employed at all times during the
drilling stage (24 hours) and emergency, as defined by this
C.U.P. phone numbers shall be posted during production Phase
II
3. Signs warning of unauthorized entry and safety hazards shall
be posted on all sides.
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Access to facilities shall be limited to authorized personnel
only.
5. Trees shall be maintained at a distance from all walls to
prohibit children and others from unauthorized entry.
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All site personnel shall be instructed on required safety
procedures if hydrogen sulfide concentrations are
encountered. Documentation of training and instruction shall
be made available to the City Personnel Director.
7. Both solid and liquid wastes shall be sampled and tested to
determine if it needs to be treated as a hazardous waste.
8. An Oil Spill Prevention Control Countermeasures (SPCC) Plan
and an Oil Drilling Contingency Plan will be prepared for the
project and approved by the State Division of Oil and Gas,
and the City of Hermosa Beach Fire and Building and Safety
Departments.
9. Drillsite and production facilities shall be constructed in
accordance with the State seismic standards, and designed in
accordance with U.B.C. seismic requirements for hazardous
facilities.
10. A soils engineering report and engineering geology report
prepared by a licensed geologist and engineer shall be
prepared and reviewed in conjunction with the plans for all
physical improvements. Said report shall address potential
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seismic hazards, such as liquefaction, due to soils or
geologic conditions. All recommendations contained in said
reports shall be incorporated in the construction drawings.
11. An emergency, as defined by this C.U.P. response plan,
including a blowout prevention and control plan, shall be
prepared for review and approval by the Division of Oil and
Gas and the Hermosa Beach Fire Department.
12. When a leak or spill occurs, it shall be contained, the fluid
shall be recovered and the area restored to its original
condition.
SECTION 4. FIRE SAFETY
1. Adequate fire detection and fighting equipment and supplies,
approved by the Fire Department, shall be maintained on the
drillsite and tank production facility at all times.
2. A supplementary analysis by a professional consultant shall
be provided detailing any necessary improvements the Fire
Department may need to prevent, and to halt oil related fires
and shall also include the following: public notification,
warning and evacuation plan.
3. Oil sumps, drip pans, etc. shall be cleaned at regular
intervals to reduce fire hazards and prevent minor spills.
4. Oily rags, paper and miscellaneous waste shall be disposed of
in an appropriate manner to reduce fire hazards.
5. Signs warning of flammable fluids and prohibiting smoking
shall be installed where appropriate.
6. The drillsite and production facility shall be protected by
automatic fire detection sensors and suppression systems.
The fire supression systems shall include a tank -cooling
sprinkler system.
7. Drilling operations shall be conducted in accordance with
appropriate Division of Oil and Gas regulations and shall
utilize all required blowout prevention equipment and safety
devices.
8. Fire flows to service the operation shall meet Fire
Department requirements.
9. All equipment necessary to contain an oil fire or blowout
shall be provided and/or maintained on site and all fire
personnel shall be trained on its use.
SECTION S. SUBSIDENCE
1. Analysis shall be reviewed by an independent reservoir
engineer hired by the City of Hermosa Beach and paid for by
the oil driller.
2. The engineer's focus shall deal with the issue of settlement
of land within the limits of the oil field and area outside
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the limit of the oil field and as a result of the driller's
operation.
3. The engineer shall determine and submit a plan showing the
potential zone of influence for all soil settlement.
Settlement readings shall be measured to 0.01 feet at any
control point.
4. The adjacent area shall be surveyed a minimum of 1,000 feet
from the zone of influence boundary as determined above. To
determine the existing ground surface elevations, an
elevation control survey shall be done before the drilling
begins and shall be used as a base of reference.
5. The operator shall prepare a plan outlining the method to
monitor subsidence as well as any corrective measures for
settlements in excess of 0.10 feet. The plan shall be
approved by and independent engineer and approved by the
Director of Public works.
6. There shall be an annual elevation survey for the project
area to monitor and evaluate any potential settlement. If
the survey data indicates subsidence, then the driller shall
take such action as provided in the subsidence control plan
as approved by the Director of Public Works, which shall
include a program for more frequent monitoring, and shall
include monitoring subsidence along the pipeline route.
SECTION 6. VEHICLE TRAFFIC AND CIRCULATION ON AND OFF SITE
1. All truck deliveries shall be limited to daylight hours (9:00
AM - 3:00 PM), Monday through Friday, except for an emergency
situation, as defined by this C.U.P., which have been
reported to the Director of Public Works in advance of the
delivery.
2. Operation of earthmoving equipment shall be limited to
daytime hours between 8 AM and 6 PM.
3. Equipment deliveries shall be made only during daytime hours
between 9 AM and 3 PM.
4. Project related truck travel shall be restricted to specific
truck routes and access points as approved by the Public
Works Department.
5. Signs shall be installed to direct detour traffic as approved
by the Public Works Director.
6. The number of truck trips shall be limited to a maximum of 18
round trips per day, except in an emergency, as defined by
this C.U.P., which shall have authorization from the City.
7. Maintenance Yard site access shall be designed to enable
trucks to turn into the site without inhibiting traffic
movement on Valley Drive or Sixth Street.
8. Minor curb radii reconstruction shall be done by the operator
as determined by the City Public Works depending on the
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length and necessary turning radii for project related
trucks.
9. Area residents shall be notified of pipeline construction
prior to commencement. Signs shall be installed to direct
detour traffic.
10. All trucks arriving or departing the drill site shall be
washed to prevent spillage of earth and all routes shall be
swept and/or washed by the driller as required by the City.
11. An evaluation of the structural condition of the existing
pavement shall be performed by a soils engineer on all access
streets and the proposed truck routes prior to commencing any
site preparation or construction and prior to the issuance of
any necessary permits. The evaluation shall include as a
minimum:
a) the number, type, size and weight of trucks for export of
materials or product,
b) the number, type, size and weight of truck deliveries of
building supplies, drilling supplies etc.,
c) the number, type, size and weight of equipment
transported to the site,
d) other associated transportation items,
e) other anticipated loading.
The evaluation shall contain recommendations as to actions
required to maintain said streets and routes in their current
condition throughout the planned development phase and the
planned production phase.
12. The operator shall perform the actions on the existing
pavement as recommended by the soils or highway engineer.
13. The City Council may restrict the use of certain street,
alleys, or roadways in connection with the permittee's
operations. In the event any street, alley or roadway is
damaged by the permittee's operations, such damages shall be
paid for by the permittee upon demand by the City, and the
failure to pay such damages, being the reasonable cost of the
repair of any such damaged portions, shall be grounds for the
revocation of the permit and the collection of such damages.
SECTION 7. SANITARY SEWER
1. If sanitary sewer is used for water disposal, operator shall
provide an engineering analysis of the existing sanitary
sewer system downstream from the drill site. Included within
this analysis shall be an evaluation to determine what will
happen to peak capacity flows in the sewer line in the future
as more water is pumped than oil, and what downstream impacts
are anticipated.
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2. Operator shall construct a sanitary sewer line and connect to
the County Sanitary Sewer System.
3. Operator shall obtain prior written approval from the Los
Angeles County Sanitation District prior to the issuance by
the Hermosa Beach Public Works Department of a permit to
connect.
SECTION 8.
11.
NOISE/VIBRATION
The entire drilling operation shall be equipped with
acoustical treatment for noise to be within the standards set
forth in the City's Oil Ordinance.
a. A sound attenuation wall of approximately 30-feet in
height shall be provided along the perimeter of site as
shown on plans during oil drilling phases.
Heavy/large reciprocating equipment shall be mounted on
vibration isolators.
Pumping units shall be maintained to eliminate noise from
worn parts.
4. The drilling rig shall be acoustically wrapped and/or paneled
including the ancillary and support equipment to meet the
requirements of the noise ordinance.
5. Tripping will be restricted to daylight hours only.
6. Loudspeaker paging systems shall be prohibited.
7. Well workover rigs shall be operated only between the hours
of 8:00 A.M. and 6:00 P.M. during daytime weekday hours only,
except in an emergency, as defined by this C.U.P. The
exhaust and intake of the diesel engine (if used on the
workover rig) shall be muffled to reduce noise to an
acceptable limit. The operator shall use whatever means
necessary, including but not limited to, enclosing the diesel
engine and rig in acoustic blankets or housing.
8. All oil maintenance equipment, vehicles and non -electrical
motors shall be equipped with manufacturer approved mufflers
or housed in a sound -proofing device.
9. Noise monitoring shall be conducted under the supervision of
an independent certified acoustical engineer paid for by the
permittee. Reports shall be submitted to the Planning
Director within three working days after the completion of
each phase of the monitoring. The monitoring shall include
the following:
a. Pre -drilling phase monitoring. Prior to the start of the
drilling phase, noise measurements shall be obtained
during the operation of the specific drilling rig which
has been selected and the measurements shall be related
to those experienced at the the nearest residential
boundaries to the drilling site. In addition, the noise
control measures which have been (or will be) applied to
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the rig as needed for compliance with the City of Hermosa
Beach noise ordinances shall be identified.
b. Start of Drilling. Noise measurements shall be obtained
during the nighttime hours (10:00 P.M. to 7:00 A.M) for
at least six hours on each of the three nights within the
five day period from the start of the drilling phase.
Monitoring is to occur at the nearest residential
boundary to the actual drilling operation.
C. During the drilling phase. Noise monitoring shall occur
during a six -hour period between the hours from 10:00
P.M. to 7:00 A.M. at least once each month during the
drilling phase of the project. The noise level data
obtained shall be compared to the City of Hermosa Beach
Noise Ordinance standards by the Planning Department.
Where an exceedence of the standards is identified, noise
control measures shall be required.
d. Production phase. Noise measurements shall be obtained
during a six -hour period between the hours from 10:00
P.M. to 7:00 A.M. at least once each year during the
production and completion phase.
SECTION 9. LANDSCAPING
1. A Detailed Landscape Plan for Phase I (exploratory and
testing) and Phase II, indicating the type, size and quantity
of plant materials shall be submitted to the Planning
Director for review and approval, and it shall be consistent
with the conceptual landscape plan reviewed by the Planning
Commission, and shall comply with Section 21A-2.9 of the Oil
Code.
2. During Phase I, test facility, landscaping consisting of 24"
box, or larger size trees may be installed without permanent
planting.
3. Minimum 24" boxed trees for Phase I and II shall be adequate
in size to create a buffer effect to obscure visibility of
oil production activity. Permanent trees planted around the
perimeter of the site for Phase II shall be a minimum sixteen
(16) feet high at planting unless a 16-foot high perimeter
wall is installed.
4. Trees along the lot perimeter shall be provided to create a
dense landscape buffer to the satisfaction of the Planning
Director.
5. The aesthetic impact of the exposed masonry walls on the west
and northern sides shall be softened with the planting of
climbing vines to the satisfaction of the Planning Director.
6. Landscaping shall be maintained in a neat and clean
condition.
7. A complete automatic sprinkler system shall be provided prior
to commencement of Phase II.
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SECTION 10. AESTHETICS
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The tanks, acoustical wrap and wall, and production facility
shall be painted a neutral color to blend in with the
surroundings; color shall be reviewed and approved by the
Planning Commission/
The use of architectural lighting beyond safety and security
requirements shall be prohibited.
3. The site for drilling equipment and the storage facilities
shall be depressed in combination with walls so that the
visual impact is minimized.
4. All outdoor lighting shall be shielded and directed inward of
both sites.
5. Lighting shall be limited solely to the amount and
intensities necessary for safety and security purposes.
6. Certain activities which might involve unshielded lighting
(i.e., site preparation and restoration) activities shall be
limited to daylight hours and thus not require nighttime
lighting.
7. A decorative masonry or concrete wall maintained graffiti
free of a minimum of 12 feet in height shall be provided;
wall materials shall be reviewed and approved by Planning
Director. During test drilling minimum 6' high fencing shall
be provided.
8. The height of the site's perimeter wall shall be increased to
at least 16 feet if beam pumping units taller than 12 feet
are installed, or if perimeter trees, when planted for Phase
II, are not a minimum of sixteen (16) feet in height when
installed.
9. Tanks shall be submerged 6 to 8 feet or more below grade and
will be adjacent to the 12-foot high privacy wall.
10. If the drill derrick remains idle for more than one year,
review and approval by the City Planning Commission or City
Council shall be required, or the derrick shall be
dismantled.
11. All production equipment and structures shall be painted to
blend with the surrounding environment with review and
approval by the Planning Director.
12. On -site signs shall be limited to those needed for public
health and safety.
13. All derricks masts hereafter erected for drilling,
re -drilling or remedial operations or for use in production
operations shall be removed within 45 days after completion
of the work unless otherwise ordered by the Division of Oil
and Gas of the state.
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14. The operator shall diligently and continuously pursue
drilling operations until the all 34 wells are completed or
1� abandoned to the satisfaction of the Division of Oil and Gas
of the state and upon completion or abandonment shall remove
2 all drilling equipment from the drill site within 45 days
following completion or abandonment of the well unless
3 otherwise ordered by the Division of Oil and Gas.
4 SECTION 11. ODORS/VAPOR/AIR POLLUTION
5 1. A vapor recovery system shall be installed to recover 99% of
hydrocarbon emissions during storage and transfer of crude
6 oil.
7 2. Raw gas shall not be allowed into the atmosphere.
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3. Gas and vapor detection systems shall be installed at
appropriate locations.
4. All project site activities shall be conducted such as to
eliminate escape of gas in accordance with best available
control technology and practices which shall be reviewed and
approved by the City.
5. All requirements of AQMD shall be met at all times.
6. A state-of-the-art scrubber shall be employed for the
exploratory phase to eliminate odors from waste gases, and
any flame shall be enclosed.
7. Tanks shall be designed and located so that no odors or fumes
can be detected from the adjacent areas outside the exterior
walls of the project.
8. Operators shall not blow lines to the atmosphere, except
under emergency, as defined by this C.U.P. conditions.
9. Construction equipment and vehicles shall be maintained in
proper tune.
10. Odorless drilling muds shall be used.
11. Well tubing and rods shall not remain out of the well during
workover operations less than 8-hours. The tubing will be
surface washed with a detergent solution to remove odor
bearing residual hydrocarbons if exposed longer than 8-hours.
12. Odor control will be further enforced by the SCAQMD under
Rules 402, 466, and 466.1 of their regulations, and the
commercial recovery system shall be employed for the
permanent facility.
13. There shall be no open flames allowed
1 14.
The permittee shall monitor drilling mud during drilling on
the site for odorous substances and take such measures to
eliminate any odor which would be perceptible outside the
drill site.
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15. The permittee shall undertake no refining process or any
process for the extraction of products from natural gas,
except for such minor processed as necessary to make natural
gas acceptable to the City gas mains for domestic use.
16. Well cellars shall be maintained in a clean and efficient
manner to prevent waste accumulation and shall be frequently
steam cleaned.
SECTION 12.
GRADING/STORM WATER/SITE RUNOFF
1. Grading shall not be performed when wind speeds exceed 20mph.
The contractor shall maintain a wind speed monitoring device
on site during grading operations. The contractor shall
continually keep the soil moist during grading operations.
At no time shall any dust be allowed to leave the work site.
2. Normal wetting procedures shall be employed during grading.
Reviewed and approval of procedure shall be by Public Works
Director.
3. Graded surfaces shall be paved or landscaped per approved
plan.
4. Project site shall be graded so that all contaminated runoff
is collected and treated on -site and disposed of according to
all laws.
5. Site shall be graded in a manner so that all hazardous or
contaminated fluids and runoff are directed toward a cellar
and approved pit and disposed of properly.
6. No water from the site shall be allowed to enter the storm
drainage system or any public area, except in an emergency,
as defined by this C.U.P..
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No water from the site shall be allowed to surface flow
across the public beach, except in an emergency, as defined
by this C.U.P..
SECTION 13. PIPELINE CONSTRUCTION
1 1.
The pipeline operators shall adhere to all applicable
federal, state, regional, and local statutes governing
design, construction, operation, and maintenance of the
pipelines and related equipment.
2. A detailed pipeline survey shall be conducted in order to
locate existing pipelines prior to excavation for pipeline
construction.
3. A responsible agent paid for by the applicant shall be
present during excavations.
1 4.
Areas of construction and maintenance activities shall be
delineated by signs, flagmen, pavement markings, barricades,
and lights, as determined by permit requirements of all local
agencies.
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5. Where pedestrian activities are affected during construction,
appropriate warning signs shall be installed and pedestrians
will be diverted. Pedestrian access to businesses and
residences will be maintained during construction. Special
facilities, such as handrails, fences, and walkways shall be
provided, if necessary, for the safety of pedestrians.
6. Obstruction of emergency, as defined by this C.U.P. vehicle
operations will be partially mitigated by ensuring that
providers of emergency, as defined by this C.U.P. services
are kept informed of the location, nature, and duration of
construction activities so alternate routes can be chosen.
It is essential that fire department access is maintained to
all buildings adjacent to construction activities. For this
reason, a minimum of at least one lane for streets undergoing
construction will be kept open at all times, and fire
hydrants in construction areas will remain accessible.
7. If public transit stops along pipeline routes need to be
temporarily relocated during construction, the applicant
shall coordinate with the appropriate local operators to
provide signs directing riders to the temporary stop
locations.
8. When hauling excavated and waste materials from construction
sites, substandard roadways will be avoided and local
jurisdiction regulations governing hauling vehicles will be
adhered to.
9. Pipeline construction and operation of earth moving equipment
shall be limited to daylight hours between 8:00 AM and 3:00
PM and shall not be permitted during weekend periods.
Additionally, construction -related trucks should not be
operated during peak traffic hours of 7 to 9 AM and 3 to 7
PM. Pipeline construction at major intersections shall be
limited to daylight hours between 9:00 AM and 3:00 PM to
avoid peak traffic periods.
10. Equipment deliveries shall be made only during daytime hours
between 8 AM and 3 PM.
11. In order to reduce visual impacts and possible safety
hazards, storage of pipes and other materials, as well as
construction equipment, shall not be permitted on any street
during non -construction hours.
12. Area residents within 300' shall be notified about the
pipeline construction operation prior to commencement of
construction.
13. Detour signs on pipeline construction routes shall be placed
at appropriate locations.
14. Steel plates covering pipeline excavation trenches shall be
placed to permit traffic movement during non -construction
hours.
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15. Pipelines shall be designed with ample safety factors,
pressure -tested prior to being placed in operation, and
monitored for corrosion once in operation.
16. Safety shut -down devices that respond to drops in pipeline
pressure shall be incorporated into the project in order to
stop the flow of the pipeline contents in case of a pipeline
rupture.
17. Groundwater level and land subsidence shall be monitored to
insure that pipeline damage does not occur as a result of
geologic and hydrologic phenomena.
18. Pipeline construction along Valley Drive shall be approved by
the Director of Public Works prior to issuance of a permit.
19. Pipeline construction shall not occur in the area known as
the Hermosa Valley Greenbelt.
20. Storage of materials shall not be allowed on the Hermosa
Valley Greenbelt. The storage or dumping upon the greenbelt
of any materials, construction equipment, debris, oil
drilling equipment, drilling rigs, ping, etc., and any and
all equipment and vehicles necessary for the the construction
and maintenance of the pipeline and oil development site
shall be prohibited. The use of the greenbelt as a staging
area for construction of the oil facility or pipeline shall
be be prohibited. There shall_ be no parking or standing of
any vehicles on the greenbelt for any time period.
21. Trenches shall be covered during non -working hours to
minimize traffic circulation problems.
SECTION 15
This grant shall not be effective for any purposes until the
permittee and the owners of both properties involved have filed
at the office of the Department of Planning their affidavits
stating that they are aware of, and agree to accept, all of the
conditions of this grant.
The Conditional Use Permit shall be recorded, and proof of
recordation shall be submitted to the Planning Department.
Each of the above conditions is separately enforced, and if any
of the conditions of approval is found to be invalid by a court
of law, all the other conditions shall remain valid and
enforceable.
Permittee shall defend, indemnify and hold harmless the City, its
agents, officers, and employees from any claim, action, or
proceeding against the City or its agents, officers, or employees
to attack, set aside, void or annul this permit approval, which
action is brought within the applicable time period of Government
Code Section 65907. The City shall promptly notify the permittee
of any claim, action, or proceeding and the City shall cooperate
fully in the defense. If the City fails to promptly notify the
permittee of any claim, action or proceeding, or if the City
fails to cooperate fully in the defense, the permittee shall not,
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thereafter be responsible to defend, indemnify, or hold harmless
the City.
The permittee shall reimburse the City for any court and
attorney's fees which the City may be required to pay as a result
of any claim or action brought against the City because of this
grant. Although the permittee is the real party in interest in
an action, the City may, at its sole discretion, participate at
its own expense in the defense of the action, but such
participation shall not relieve the permittee of any obligation
under this condition.
The subject property shall be developed, maintained and operated
in full compliance with the conditions of this grant and any law,
statute, ordinance or other regulation applicable to any
development or activity on the subject property. Failure of the
permittee to cease any development or activity not in full
compliance shall be a violation of these conditions.
SECTION 16
The Planning Commission may review this Conditional Use Permit
and may amend the subject conditions or impose any new conditions
if deemed necessary to mitigate detrimental effects on the
neighborhood resulting from the subject project.
The Planning Commission shall review, and if necessary, modify
the conditions as set forth in this Conditional Use Permit on an
annual basis or upon change in the operator of the project.
The Planning Commission reserves the right to revoke this
Conditional Use Permit if any violation of these conditions or
the Hermosa Beach Municipal Code occurs. The City shall provide
the operator with notice in writin2 of any violation, stating the
City's basis for determining that a violation has occurred. The
operator shall have a reasonable time to abate the violation
before further action is taken. The City may re uire the
operator with notice in writing to submit written documentation
of actions taken to remedy any violation and may require
monitoring or other procedures to be implemented in order to
ensure that the violation will be abated.
PASSED, APPROVED, and ADOPTED this 13th day of July,
1993, by the following vote:
AYES: Benz, Essertier, Mayor Wiemans.
NOES: Edgerton, Maidstokke
ABSTAIN: None
ABSENT: None.
PRESIDENT of the City C
Hermosa Beac . California
ATTEST:
CITY CLERK
1 and MAYOR of the City of
APPROVED AS TO F RM:
r�
CITY ATTORNE
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Naoma Valdes, Deputy City Clerk of the City
Council of the City of Hermosa Beach, California, do hereby
certify that the foregoing Resolution No. 93-5621 was duly and
regularly passed, approved and adopted by the City Council
of the City of Hermosa Beach at a Regular meeting of said
Council at the regular meeting place thereof on July 13, 1993.
The vote was as follows:
AYES: Benz, Essertier, Mayor Wiemans
NOES: Edgerton, Midstokke
ABSTAIN: None
ABSENT: None
DATED: July 15, 1993
eputy City Clerk