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Council Meeting: April 11, 1989
Apt? 1 1 J9I9
Santa Monica, Californ1a
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TO: Mayor and City Council
FROM: City staff
SUBJECT: Text Amendment 88-002 To Require Conditional Use Permit
for New Pipelines
INTRODUCTION
proposed is the addition of section 9040.41 to the Santa Monica
Municipal Code to require Conditional Use Permits for new
pipelines. staff recommendation is for introduction and first
reading of the Text Amendment.
BACKGROUND
At its meeting on December 13, 1988, the City Council adopted
Resolution Number 7739 (CCS) relating to new pipelines. In this
Resolution, the City council directed the Planning Commission to
ini tiate a text amendment to the Comprehensive Land Use and
Zoning Ordinance to require Conditional Use Permits for new
pipelines and to implement the City Council's Resolution of
Intention Number 1139 (CCS) in the manner set forth in the
Comprehensive Land Use and Zoning ordinance.
The Council took this action in order to clarify City regulations
regarding the installation of certain types of pipelines in the
city.
As proposed, the text amendment would require a
Conditional Use Permit for all pipelines with the following
exceptions:
existing pipelines; water and sewer pipelines;
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A~ 1 1 1989
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pipelines used for delivery of natural gas in the City~ pipelines
located exclusively on private property.
Under the text amendment, no conditional use permit could be
granted for a regulated pipeline in any residential district or
on any portion of a street directly abutting any residential
district.
The proposed Text Amendment is categorically exempt from the
provisions of the California Environmental Quality Act, Santa
Monica Guidelines for Implementation, Class 5(12). The proposed
Text Amendment is also exempt from any fees.
PLANNING COMMISSION
On January 25, 1989, the Planning Commission conducted a public
hearing regarding the text amendment. The Commission has
forwarded comments and a recommendation that the text amendment
be approved. In taking this action, Commissioners had several
comments on various aspects of the ordinance.
Regarding Section 9040.41 (d) (3) relating to exceptions to the
CUP requirement, one Commissioner felt it would be appropriate to
eliminate the phrase "in the city." The concern was that there
may be natural gas pipelines which deliver natural gas both
within Santa Monica and outside of it, and that this language
might imply prohibition of such a pipeline. Staff believes that
under the proposed language such a pipeline would not be
prohibited and that no language changes are needed. Concern was
also expressed that the ordinance may generally be too
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restrictive. However, staff believes that the restrictions are
appropriate to protect the public health, safety and welfare by
limiting the types and locations of certain classes of pipelines.
ANALYSIS
The proposed text amendment is intended to provide an added level
of environmental safety and protection to the City by setting
forth standards and procedures under which new pipel ines are
permitted. Under the proposed ordinance language, pipelines
subject to the new requirements would require a Conditional Use
Permit. The CUP is a discretionary permit Which allows careful
consideration of proposed projects as well as mitigation of
adverse impacts through special conditions. Staff recommends
approval of the Text Amendment.
City Council Authority and Procedures
The procedures for the processing of Text Amendments are
specified under SMMC Section 9120.4. Within 60 days of an
application being deemed complete, a public hearing before the
Planning Commission must be scheduled. If, from the facts
presented, the Commission finds that "the proposed text amendment
is consistent in principle with the goals, objectives, policies,
land uses, and programs specified in the General Plan" and that
"the publ ic health J safety, and general wel fare require the
adoption of the proposed amendment," the commission shall
recommend approval of the amendment. These findings shall be
transmitted to the city Council. The City Council may, by
Ordinance, effect the anendment.
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BUDGET/FINANCIAL IMPACT
The recommendations of this report have no budget/financial
impact.
RECOMMENDATION
It is recommended that the city Council introduce for first
reading the Text Amendment as outlined below and according to the
following findings.
Text Amendment: Add Section 9040.41 as follows:
(a) No pipeline shall be built, laid, or maintained in
any Zoning District without a conditional use permit having been
issued in accordance with this Chapter.
(b) No conditional use permit shall be issued for a
pipeline in any residential district or on any portion of a
street directly abutting any residential district.
(e) For purposes of this Section, "pipelinell includes
all real estate, fixtures, and personal property owned,
controlled, operated, or managed in connection with or to
facilitate the transmission, storage, distribution, or delivery
of crude oil or other fluid substance through pipelines.
(d) This Section does not apply to:
(1) Any pipeline in existence on the date of adoption
of this Section.
(2) Any pipeline used for the delivery of water or
the removal of sewage.
(3) Any pipeline used for the delivery of natural gas
to any property in the city.
(4) Any pipeline located exclusively on private
property and used in connection with any lawful activity on such
property.
FINDINGS
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1. The proposed amendment is consistent in principle with the
goals, objectives, policies, land uses and programs specified
in the adopted General Plan in that it will provide standards
and procedures for installation of new pipelines in the city,
Clarifying the City's land use policies in this area by
placing minimal zoning regulations on water, sewer, and
natural gas pipelines which compose a vital part of the
City'S infrastructure, and by requiring discretionary review
of other types of pipelines which may have the potential of
unusual adverse effects and limiting their location to
non-residential districts.
2. The public health, safety, and general welfare require the
adoption of the proposed amendment in that regulations are
needed specifying the allowable location of various types of
pipelines and providing discretionary review of same so that
residential districts and the City as a whole are protected
from potential adverse effects of unusual types of pipelines
which may convey materials potentially hazardous to health
and property.
Prepared by: Laurie Lieberman, Deputy City Attorney
D. Kenyon Webster, Principal Planner
Attachment: Ordinance for Introduction and First Reading
KW:cg
hp/CA88002
04/03/89
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CA:RMM:rmd877/hpca
City Council Meeting 4-11-89
Santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 9040.39 TO REQUIRE CONDITIONAL
USE PERMITS FOR NEW PIPELINES
WHEREAS, pursuant to Municipal Code Section 9120.2 the city
Council adopted Resolution Number 7739 (CCS) directing the
Planning commission to initiate a text amendment to the
Comprehensive Land Use and Zoning Ordinance; and
WHEREAS, the City Council of the City of Santa Monica
believes that it is necessary to amend the Comprehensive Land Use
and Zoning Ordinance to regulate pipelines in the City of Santa
Monica; and
WHEREAS, the city council of the City of Santa Monica finds
that the proposed amendment is consistent in principle with the
goals, objectives, policies, land uses, and programs specified in
the adopted General Plan and is necessary to further the public
health, safety, and general welfare of the City,
NOW I THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9040.39 is
amended to read as follows:
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SECTION 9040.39. Pipelines.
(a) No pipeline shall be built,
laid, or maintained in any Zoning District
without a conditional use permit having
been issued in accordance with this
Chapter.
(b) No conditional use permlt shall
be issued for a pipeline in any
residential district or on any portion of
a street directly abutting any residential
district.
(c)
For purposes of this section,
includes all real estate,
and personal property owned,
opera ted, or managed in
with or to facilitate the
"pipeline"
fixtures,
controlled,
connection
transmission, storage, distribution, or
delivery of crude oil or other fluid
substance through pipelines.
(d) This section does not apply to:
(1) Any pipeline in existence
on the date of adoption of this Section.
(2) Any pipeline used for the
delivery of water or the removal of
sewage.
(3) Any pipeline used for the
delivery of natural gas to any property in
the city.
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(4)
Any
pipeline
located
exclusively on private property and used
in connection with any lawful activity on
such property.
SECTION 2.
The Planning Commission shall process this
Resolution of Intention in the manner set forth in the
Comprehensive Land Use and Zoning Ordinance in the Final
standards Section.
SECTION 3. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney
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