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O1384 It e CA:RMM:JSH:jhsopac/hpw City Council Meeting 9-9-86 e Santa Monica, California ORDINANCE NUMBER 13 8 4 ( CCS ) (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER l321 (CCS) TO PROHIBIT THE USE OF RAILROAD RIGHTS OF WAY FOR OTHER THAN TRANSPORTATION PURPOSES WHEREAS, the Southern Pacific Transportation Company has historically operated the Santa Monica Branch Line as a railroad line extending from Amoco Junction on the Long Beach Line near the intersection of Long Beach Avenue and 25th Street in the City of Los Angeles and terminating near the intersection of 15th street and Olympic Boulevard in the city of Santa Monica~ and WHEREAS, this railroad branch line has been a vital transportation right of way for transporting goods, services and people to and from the City of Santa Monica; and WHEREAS, this transportation right of way is an irreplacable resource for many public purposes including, but not limited to, use for mass transportation service connecting the City of Santa Monica with the greater Los Angeles metropolitan area; and WHEREAS, the Southern Pacific Transportation Company has recently received approval from the Interstate Commerce commission to abandon a portion of the Santa Monica Branch Line between Culver Junction near the intersection of Venice and Robertson Boulevards in the City of Los Angeles and the westerly terminus of the line in the City of santa Monica; and - 1 - e . WHEREAS, there are currently ongoing discussions with the City of Los Angeles and the Southern Pacific Transportation Company regarding protection of the right of way for future transportation uses; and WHEREAS, the City of Santa Monica is continuing to investigate and study various means for utilizing the transportation right of way for various public purposes; and WHEREAS, it is critical that the Santa Monica Branch Line be preserved for potential use for a public purpose pending completion of ongoing study and evaluation; and WHEREAS, it is in the public interest and necessary to protect public health, welfare and safety to prohibit for one year any development in the Santa Monica Branch Line right of way that is not for transportation purposes, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 3 of Ordinance Number 1321 (CCS) is amended as follows: SECTION 3. Permits Authorized. (a) No development permit, building permit, business license, or other permit or entitlement for use, including Architectural Review Board approval, but excluding final subdivision map approval, shall be issued for any development unless such development is permitted pursuant to section 2 of the ordinance or has been issued a development - 2 - e . permi t pursuant to Section 4 of this ordinance. (b) Notwithstanding any other provision of this ordinance, no development shall be permitted in the Southern Pacific Transportation Company right of way commonly known as the Santa Monica Branch Line pursuant to sections 2 or 4 of this ordinance unless such development is for transportation purposes. For purposes of this subsection, the Southern Pacific Transportation Company right of way shall include all real property located within the Santa Monica Branch Line right of way between the westerly terminus thereof near the intersection of 15th Street and OlYmpic Boulevard and the easterly city I imi ts of the Ci ty of Santa Monica. This subsection shall expire by its terms one year from the date of its adoption. SECTION 2. Any provisions of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconsti tutional by a decision of any court of any competent - 3 - e e jurisdiction, such decision shall not affect the validity of the remaing portions of the ordinance. The City council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause of phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be publ ished once in the official newspaper within l5 days after its adoption~ effective 30 days from its adoption. The ordinance shall be APPROVED AS TO FORM: ~~.=-o- ROBERT M. MYERS city Attorney - 4 - . e Adopted and approved this 9th day of September, 1986. ( ~~ k.~_ ~ Mayor I hereby certify that the foregoing Ordinance No. l384(CCS) was duly and regularly introduced at a meeting of the city Council on the 26th day of August 1986; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 9th day of September 1986 by the following Council vote: Ayes: Councilmembers: Conn, Epstein, Jennings A. Katz, H. Katz, Zane and Mayor Reed Noes: Councilmembers: None Abstain: councilmembers: None Absent: councilmembers: None ATTEST: -~ -....... ~ ~ L;zj. 4~ . -I.. _ city Cierk- - ~ ---- --- ....-.... -