Loading...
SR-400-005-02 (3) . t/ PV"'-- ?'C 5..- O~. b=l DEe 1 3 198& CA:RMM:rmd800/hpca city Council Meeting 12-13-88 Santa Monica, California STAFF REPORT u. / . . -~ ..... ( --. 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. - 1. - (O~ I ~ DEe 1 3 1988 . . RECOMMENDATION It is respectfully recommended that the accompanying Resolution be adopted. PREPARED BY: Robert M. Myers, City Attorney - 2 - . . 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: - 1 - . . 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 - 2 - " . . " 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: ~W\. ~ ROBERT M. MYERS U City Attorney - 3 -