Phase I Oil and Gas Prohibition Ordinance Amendments

2026090831

Santa Barbara County

NOE - Notice of Exemption

9/18/2026

9/18/2026

Corina Martin

County of Santa Barbara

Planner

Lead/Public Agency

Planning and Development 123 E. Anapamu Street
Santa Barbara, CA 93101

(805) 884-6836

martinc@countyofsb.org

Countywide

Categorical Exemption

15307, 15308

Reasons to support exemption findings: The following provides a brief discussion of how the proposed amendments would be exempt from CEQA. Additional details regarding the proposed ordinance amendments and CLUP amendment are included in the County Planning Commission Staff Reports, dated March 31, 2026, and July 1, 2026. Classes of Categorical Exemptions: The proposed amendments are exempt from CEQA pursuant to the categorical exemptions set forth in CEQA Guidelines Section 15300 et seq., which have been determined not to have a significant effect on the environment and therefore are categorically exempt from CEQA. Further, the six exceptions for use of a categorical exemption would not apply and are discussed in detail below. CEQA Guidelines Section 15307 -Actions by Regulatory Agencies for Protection of Natural Resources: Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption. The proposed amendments prohibit the drilling of new oil and gas wells and prevent the reentry into previously abandoned wells. This regulatory action by the County, authorized by State law (Assembly Bill 3233), is intended to enhance and protect the environment while preventing future degradation of natural resources. CEQA Guidelines Section 15308 -Actions by Regulatory Agencies for Protection of the Environment: Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. The proposed amendments prohibit the drilling of new oil and gas wells and prevent the reentry into previously abandoned wells. This regulatory action by the County, authorized by State law (Assembly Bill 3233), is intended to enhance and protect the environment while preventing future degradation. Drilling to stimulate oil and/or gas production has significant impacts on air quality, water resources, biological resources, geology, and public health and safety. Oil and gas production operations can fragment habitats, introduce industrial noise and light, and impede wildlife corridors, including the movement of resident and migratory species" (Attachment G-1, County Planning Commission Staff Report dated March 31, 2026). In a review by the Center for Biodiversity, on the Impacts of Fracking and Other Oil and Gas Exploration and Development Activity on Wildlife, it concludes that many studies have found that the construction of well pads, roads, pipelines, waste pits, seismic lines, and other infrastructure from oil and gas development has led to massive habitat loss and fragmentation in areas where tracking and other oil and gas development has proliferated. Further, habitat loss and fragmentation negatively affects species by reducing home range size, reducing patch size below what is needed for foraging and life history activities, increasing habitat isolation, altering physical characteristics such as light, moisture, and temperature, facilitating the spread of invasive species, and altering species dynamics, including movement patterns, interactions, and abundance (Brittingham et al. 2014) (Attachment 0, Center for Biological Diversity: Review of the Impacts of Fracking and Other Oil and Gas Exploration and Development Activity on Wildlife). Studies have shown that habitat loss can result from the avoidance of areas with oil and gas development. Studies have documented that wildlife species reduce use of preferred habitats or avoid them altogether in areas with increasing densities of oil and gas development, leading to indirect habitat loss (Attachment O). A Wyoming Game and Fish Report from 2010 states: "As densities of wells, roads, and facilities increase, the effectiveness of adjacent habitats can decrease until most animals no longer use these areas. Animals that remain within the affected zones are subjected to increased physiological stress. This avoidance and stress response impairs habitat function by reducing the capability of wildlife to use the habitat effectively" (Attachment 0). Further, natural gas development activities and resulting disturbances may facilitate the establishment of non-native plants (Attachment 0). Therefore, oil and gas activities can result in habitat loss, fragmentation, and degradation. An Environmental Impact Report (Attachment G-1) that was prepared for the Santa Maria Energy Oil and Gas Drilling and Production Plan in 2013 (09PPP-00002, 12DVP-00008, and 13LUP000102), concluded that oil and gas production and processing can lead to oil spills or leaks due to geologic hazards, mechanical or structural failures, corrosion, or human error. A rupture or leak can substantially degrade water quality, affect sensitive plant and/or animal species that come into contact with spilled oil, and contaminate groundwater and soils. These significant impacts are often unavoidable despite mitigation measures and therefore increase the risk of long-term, widespread environmental effects unless a prohibition is implemented to prevent the permitting and drilling of new wells. Moreover, a review of the impacts from tracking to surface water identified impacts from increased erosion and sedimentation, increased risk to aquatic ecosystems from chemical spills or runoff, habitat fragmentation, loss of stream riparian zones, altered biogeochemical cycling,and reduction of available surface and hyporheic water volumes because of withdrawal-induced lowering of local groundwater levels (Attachment O).. The Final Assessment and Restoration Plan for the 2015 Refugio Beach Oil Spill (Attachment N, Refugio Beach Oil Spill Final Damage Assessment and Restoration Plan/Environmental Assessment) outlined and concluded the severe damage caused by the crude oil spill in Santa Barbara County, which also affected nearby communities along the coast. The known impacts of this oil spill included the closure of local public parks and beaches, harm to wildlife, the shutdown of fisheries, and detrimental effects on sensitive habitats and cultural resources. Furthermore, the proposed amendments support the 2030 Climate Action Plan's measures and goals to reduce greenhouse gas emissions (GHG) below 2018 baseline levels by 2030. GHG emissions associated with operational activities can include emissions from combustion sources (e.g., routine flares, steam generators, diesel drilling engines), offsite vehicles, and fugitive emissions containing CO2 and methane. Additionally, these operations can release significant amounts of criteria pollutants, including volatile organic compounds, particulate matter [PMlO and PM2.5], and nitrogen oxides. Additionally, there is potential for significant impacts during process venting and due to evaporation losses, as well as when equipment leaks or when accidents or equipment failures occur. According to the International Energy Agency {IEA), the process of extracting oil and gas, processing, and transporting it results in considerable GHG emissions. A report prepared by the IEA, identified that the production, transport, and processing of oil and gas resulted in 5.1 billion tonnes {Gt) CO2-eq in 2022, just under 15% of total energy-related GHG emissions and equivalent to all energy-related GHG emissions from the United States. To achieve global climate targets, a major reduction in methane emissions must be cut near zero by 2030 (Attachment P, International Energy Agency -The Oil and Gas Industry in Net Zero Transitions). Additionally, the U.S. Environmental Protection Agency (EPA) indicates that oil and natural gas operations are the source of nearly 30 percent of all methane emissions in the U.S., and is the nation's largest industrial source of methane, another potent greenhouse gas with a global warming potential that is 28 to 36 times greater than that of CO2 over the first hundred years after it is emitted (Attachment PQ EPA Climate Change Regulatory Actions and Initiatives). Methane is a climate "super pollutant" that is more potent than carbon dioxide and is responsible for approximately one third of current warming resulting from human activities. Rapid, sharp cuts in methane can generate near-immediate climate benefits and are a crucial addition to cutting carbon dioxide in slowing the rate of warming of Earth's atmosphere (Attachment G-1). Assembly Bill 3233 provides local governments with the authority to protect public health, safety, and the environment from air pollution and greenhouse gas emissions resulting from oil and gas extraction. Moreover, the Legislature empowers cities and counties to make decisions that align with the needs of their communities. The proposed prohibition would result in a reduction in emissions, which will lead to improved air quality and incremental reductions in nuisance odors and local and regional air pollutants. Therefore, the proposed amendments will eliminate expanding a use and activity that has been determined to pose a risk to public health, safety, welfare, and the environment. There is no substantial evidence that there are unusual circumstances (including future activities) resulting in (or which might reasonably result in) significant impacts which threaten the environment. The State CEQA Guidelines Section 15300.2 sets forth the following six exceptions to the use of the Categorical Exemptions. (a) location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The Categorical Exemptions applied to this project are Classes 7 and 8; therefore, this exception does not apply to the proposed project. Furthermore, no significant environmental impacts will result from prohibiting the expansion of oil and gas drilling. The proposed project does not propose new development or allow oil and gas drilling to be located or designated within Environmentally Sensitive Habitat or Critical Habitat. (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. This exception to the categorical exemptions does not apply because the project prohibits the expansion of an activity and does not approve permits for future onshore oil and gas drilling. The proposed project will not create further cumulative impacts of the same type in the same place over time; therefore, the prohibition will not result in a cumulatively significant impact. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. This exception to the categorical exemptions does not apply because the proposed project does not involve new development or the expansion of an existing activity. Instead, the project will prohibit the drilling of new onshore oil and gas wells. Therefore, there is no reasonable possibility that this prohibition will significantly impact the environment due to unusual circumstances. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. This exception to the categorical exemptions does not apply because the proposed project prohibits the drilling of new onshore oil and gas wells. Additionally, the proposed project will not result in new development or drilling new oil and gas wells to be located within an area visible from a highway officially designated as a state scenic highway, nor will it cause damage to any protected or scenic resources. Additionally, the proposed project will not require native or specimen trees to be removed or damage any historic resources as a result of the prohibition text amendment. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. This exception to the categorical exemptions does not apply because the proposed project does not influence or permit new onshore oil and gas drilling at any location listed in the lists compiled under Section 65962.5 of the Government Code (hazardous and toxic waste sites). Furthermore, the proposed text amendments will prohibit future oil and gas drilling that could have a significant impact on hazardous or toxic materials at a potential location. (/) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. This exception to the categorical exemptions does not apply because the proposed project will prohibit drilling new oil and gas wells, therefore, no future activities or oil and gas drilling will cause a substantial adverse change in the significance of a historic or archaeological resource.

Statutory Exemption

15265

In addition, CEOA Guidelines Section 15265 statutorily exempts local government activities involving the preparation and adoption of local coastal program amendments from environmental review. The proposed CLUP and CZO amendments affect portions of the county within the Coastal Zone and constitutes an amendment to the County's Local Coastal Program. Therefore, the proposed CZO amendment is also statutorily exempt from environmental review pursuant to CEOA Guidelines Section 15265.