A. For any new development which proposes to locate any portion of any dwelling within six hundred feet of an operating oil well, injection well, or any other appurtenant oil field equipment, upon submittal of an application for development approval as described in Chapter 20.52, the city shall review the oil field map and if necessary take field noise measurements to evaluate the potential for proposed residential development to be adversely impacted by oil field equipment noise. When the city determines that proposed development may be impacted by oil field equipment noise the applicant shall submit one of the following:
1. A joint oil field equipment noise mitigation plan, approved by both the applicant and the operator of the oil field equipment in question, describing in detail the measures proposed to be completed during the construction of the proposed development to mitigate the effects of any proposed dwelling from oil field equipment noise to levels provided in Section 9.16.020(B). The joint oil field equipment noise mitigation plan shall include a certification by a state licensed acoustical engineer that the mitigation measures proposed are anticipated to reduce the effect of oil field equipment noise on the affected dwellings to levels provided for in Section 9.16.020(B). The mitigation measures may include walls, enclosures, earth berms, construction features, grade changes, reconfiguration or relocation of proposed dwelling units, reduction of dwelling unit densities, or modifications, repairs, or other alterations to the oil field equipment. All mitigation measures proposed must comply with applicable requirements of the Signal Hill Municipal Code.
2. A development applicant oil field equipment noise mitigation plan, prepared by the applicant. If the applicant owns or controls the oil facility in question, he/she may not submit a development applicant oil field equipment noise mitigation plan. A development applicant oil field equipment noise mitigation plan shall include all of the following:
a. Evidence acceptable to the director of planning that the applicant contacted the operator of the oil field equipment in question, and made a good faith effort to secure the cooperation of the operator in the preparation of a joint oil field equipment noise mitigation plan, including evidence that the developer offered to pay the reasonable costs of any modifications to oil field equipment required to meet the noise levels provided in Section 9.16.020(B);
b. Description in detail of mitigation measures, other than repairs, modifications, or other alterations to the oil field equipment, proposed to be completed during the construction of the proposed development to mitigate the effects on any proposed dwelling from oil field equipment noise to levels provided in Section 9.16.020(B), or as close to such levels as best practicable technology may permit. The mitigation measures may include walls, enclosures, earth berms, construction features, grade changes, reconfiguration or relocation of proposed dwelling units, reduction of dwelling unit densities, provided that no such reduction shall be required which does not permit the development of at least one dwelling unit on each legal lot on the property. All mitigation measures proposed must comply with all applicable requirements of the Signal Hill Municipal Code;
c. One of the following:
i. Certification by a state licensed acoustical engineer that the mitigation measures proposed are properly designed to reduce the effect of oil field equipment noise on affected dwellings to levels provided for in Section 9.16.020(B); or
ii. Certification by a state licensed acoustical engineer that there are no mitigation measures permitted under the Signal Hill Municipal Code, other than repairs, modifications, or other alteration of the oil field equipment, which can be properly designed to reduce the effect of oil field equipment noise on affected dwellings to levels provided for in Section 9.16.020(B).
B. The mitigation measures proposed by any oil field equipment noise mitigation plan shall be subject to review and approval under the provisions of Chapter 20.52 as a part of the application for the project. No project subject to the provisions of this section shall be approved without the approval of an oil field equipment noise mitigation plan. No developer applicant oil field equipment noise mitigation plan shall be approved until such plan has been submitted by the director of planning to the operator of the oil field equipment in question for review and comment. The operator shall have thirty days to respond to the director of planning regarding such plan submitted by the applicant and may request a hearing before the director of planning and the applicant and shall have the right to protest such plan.
C. All mitigation measures in the approved oil field equipment noise mitigation plan must be constructed or implemented as part of the project construction. No certificate of occupancy shall be issued for any dwelling until the applicant submits noise measurements taken by a state licensed acoustical engineer, indicating compliance with the noise standards provided in Section 9.16.020(B). If such measurements do not indicate compliance, the applicant shall have ninety days to propose and install additional mitigation measures to bring the dwelling into compliance.
D. If after construction or implementation of all mitigation measures in an approved oil field equipment noise mitigation plan, and construction and implementation of additional mitigation measures under subsection C above, the city determines that the residence cannot be brought into compliance with the noise standards provided in Section 9.16.020(B), the city may issue a certificate of noncompliance for the residence. The certificate of noncompliance shall allow the issuance of a certificate of occupancy for the residence. The developer shall record the certificate of noncompliance at the office of the county recorder. After issuance of the certificate of noncompliance and certificate of occupancy, the residence may be occupied, and shall be treated as an existing residential unit and nearby oil field equipment shall be treated as existing oil field equipment for all purposes under this chapter.
(Ord. 93-04-1153 § 6)