SR-400-005-02 (3)
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DEe 1 3 198&
CA:RMM:rmd800/hpca
city Council Meeting 12-13-88
Santa Monica, California
STAFF REPORT
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TO:
Mayor and City Council
FROM:
City Attorney
Resolution of Intention to Add section 9040.39
to the Santa Monica Municipal Code Relating
to Pipelines
SUBJECT:
At its meeting on October 25, 1988, the City Council
directed the City Attorney to prepare an ordinance to regulate
new pipelines in the City of Santa Monica.
Pursuant to this
direction, the accompanying Resolution of Intention has been
prepared and is presented for City Council consideration.
The proposed Resolution of Intention would add section
9040.39 to the Santa Monica Municipal Code. This would become
part of the City's Zoning Ordinance, and it therefore can only be
adopted following a hearing by the Planning Commission.
The proposed Section would require that a Conditional Use
Permit be obtained prior to construction of any new pipeline in
the city of Santa Monica.
In addition, this section would
prohibit the issuance of a Conditional Use Permit for any
pipeline in a residential district of the City or on any street
adjacent to a residential district.
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DEe 1 3 1988
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RECOMMENDATION
It is respectfully recommended that the accompanying
Resolution be adopted.
PREPARED BY: Robert M. Myers, City Attorney
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CA:RMM:rmd80l/hpca
city Council Meeting 12-13-88
Santa Monica, California
RESOLUTION NUMBER
(City council series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA INITIATING A TEXT
AMENDMENT TO THE COMPREHENSIVE LAND USE
AND ZONING ORDINANCE TO REQUIRE CONDITIONAL
USE PERMITS FOR NEW PIPELINES
WHEREAS, Municipal Code Section 9120.2 authorizes the City
council to adopt a Resolution of Intention 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, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1.
The ci ty Council directs the Planning
Commission to initiate an amendment to the Comprehensive Land Use
and Zoning Ordinance as follows:
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SECTION 9040.39. pipelines.
(a) No pipeline shall be built,
laid, or maintained in any Zoning District
wi thout 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 street
adjacent to any residential district.
(c) For purposes of this Section,
"pipeline" 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:
(l) Any pipeline in existence
on the date of adoption of this Section.
(2) Any pipeline used for the
delivery of water.
(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
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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:
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ROBERT M. MYERS U
City Attorney
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