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- - ~
---- --- ....-.... -