Resolution Number 77-9-21-1348
RESOLUTION NO. 77-9-21-1
APPROVAL OF TEST DRILLING PERMIT (GUTHRIE)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
A TEST DRILLING PERMIT (GUTHRIE)
WHEREAS, the applicant, George L. Guthrie, 115 Topaz
Avenue, Balboa Island, California, has submitted a petition for
a test drilling permit to conduct a drilling operation to be
located on Assessor's Parcel No. 124-140-38; and,
WHEREAS, the City's Environmental Review Board has
reviewed the project and determined that certain aspects of the
project may have a significant impact on the environment, has
therefore caused an Environmental Special Study to be prepared
which addresses the impacts identified by the Board, and has
otherwise carried out all applicable provisions of the California
Environmental Quality Act; and,
WHEREAS, a public hearing has been duly advertised
and held to review testimony on the subject project; and,
WHEREAS, the City Council of the City of San Juan
Capistrano finds and determines as follows:
1. The proposed permit is generally consistent with
the goals, objectives, and policies of the General
Plan and Citizen's Policy Plan.
2. The proposed use as conditioned will be regulated
' in accordance with the provisions of Ordinance
Nos. 25 and 293.
3. That the granting of the permit and the drilling
for or producing of natural gas thereunder will
not create a nuisance.
4. That the granting of the permit will not be
detrimental to public health, safety or welfare.
5. That the granting of the permit and the drilling
for or producing of natural gas thereunder in the
location designated will not create a fire hazard
or other hazard detrimental to the public welfare.
6. That the granting of the permit will afford equal
protection to all property owners within the area
affected by the granting of such permit.
7. That the granting of such permit will not deny to
any property owner the enjoyment of a substantial
property right granted to other owners in said
vicinity affected by said permit.
8. That the granting of the permit will conserve
property values and encourage the most appropriate
use of land in the immediate vicinity and area
affected by the granting of said permit.
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9. That the granting of the permit will not be
detrimental to the orderly development and expansion
of the City and the direction of building development
according to the General Plan.
10. That the granting of the permit will not violate
any deed or tract or property affected by said
permit unless said permit is consented to or said
restrictions waived in the manner specified in
said deed or tract restriction or in the manner
required by law; provided, however, that in the
event that any applicant for permit has inadvertently
obtained an oil and gas lease covering property
containing such restrictions, that such applicant
shall be given a reasonable opportunity to obtain
a waiver of such restrictions or may be permitted
to quitclaim such property.
11. That the granting of the permit will not be in
violation of any state law, regulation, court
decision or any City ordinance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve the
permit subject to the following conditions:
1. Sections 19, 21, 24 and 26 of Ordinance No. 25
are hereby waived for the subject request.
2. All water and drill cuttings will be stored in a
manner to be approved by the City Engineer so as
to eliminate potential problems of erosion and/or
slope failure.
3. All truck traffic shall be prohibited from using
La Novia Avenue, Ganado Road, Ortega Highway,
Sundance Drive, and Windsong Drive as access to the
project site.
4. The project site shall be sprayed and watered
sufficiently to suppress dust generation at all
times.
5. All operations which tend to create or cause dust
shall be suspended when the wind velocity is
sufficient to cause dust by its own force and
intensity.
6. The applicant shall be required to post a performance
bond for the rehabilitation of the site, including
the removal of any drilling equipment or facilities,
said amount to be determined by the City Engineer.
7. All necessary cut and fill slopes required for
the proposed use shall be overseeded with an
erosion control mix that is compatible with
existing vegetation in the area. Said planting
shall commence as soon as practicable after the
finished grading is completed.
8. Temporary access during the test drilling phase
may be by way of San Juan Creek Road. If a
permanent production facility is installed, the
applicant shall be required to construct an
alternate all-weather access from the operation
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site to La Pata. Said alternate roadway shall be
used by all maintenance and service vehicles
servicing the site. Detailed design and grading
plans for the alternate access route shall be
reviewed and approved by the Environmental Review
Board prior to start of production operations.
9. Appropriate fire -fighting and first aid equipment
' shall be conveniently located at the site prior
to the start of any drilling operations to the
satisfaction of the Orange County Fire Marshal.
10. Prior to emplacement of the drill rig, the site
shall be inspected by the Orange County Fire
Marshal in order to recommend necessary clearance
requirements for the well.
11. Spark arresters shall be fitted on all trucks and
equipment serving the project.
12. A direct method of communication shall be established
(e.g., telephone, two-way radio, etc.) in order
to facilitate the reporting of an emergency.
13. All drilling and site construction equipment
shall be required to be equipped with effective
mufflers so as to minimize potential noise impacts.
14. This permit is for the test drilling operation
only. If, upon evaluation of the test data, a
permanent production facility is requested by the
applicant, a separate permit shall be processed
and reviewed as it relates to the scale and
' location of the required recovery facilities,
including any support operations.
15. The applicant shall be required to comply with
all other applicable sections of Ordinance No. 25,
except for those specifically waived by Condition
No. 1 of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day of
September , 1977, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell,
and Mayor Pro Tem Friess
NOES: None
ABSENT: Councilman Nash and Mayor Heckscher
KENNETH E. FRIESS, MAYOR PRO TEM
ATTEST:
By I � DEPUTY
CITY CLERX
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351
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 77-9-21-1 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 21st day of
September 1977.
(SEAL) BY 2� -'- - DEPUTY
MARY ANN HAN R' CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 76-12-15-10 and on the 23rd day of September , 1977,
she caused to be posted:
RESOLUTION NO. 77-9-21-1
being: APPROVAL OF TEST DRILLING PERMIT (GUTHRIE)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
A TEST DRILLING PERMIT (GUTHRIE)
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The Post Office;
The Orange County Public Library.
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CHECK LIST
ORD. NO ---- _.._.. RES. NO.._.......
-__.✓:.... Mayor has signed
------------- Clerk has signed
City Seal stamped
.............. All blanks typedjn
"Absent" ...... ..:.................
.:Noes" ...._.---- --------- ------------ .----------------------
----, . Typed in Official Record Book
Posted to Classified Cards
Copies sent
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...... Legal Publication ordered to be published
(date)......... z'-. ...... ....----- .. ----
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No. Affidavit's ......._.._-------
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No. Printed copies required _....................
Remarks--------- --------------------------------- -._..-------------------
MARY ANN HANUVEXCitVCletk
San Juan Capistrano, California