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SR-400-006-02 - , . #C -- tlt6- t; z- -r . b--B APR 2 5 1989 .- --~4 CA:RMM:rmd877a/hpca city Council Meeting 4-25-89 Santa Monica, California STAFF REPORT Y~o- DO I. {)&, -;;..) TO: Mayor and city council FROM: city Attorney SUBJECT: Ordinance Amending Santa Monica Municipal Code Section 9040.39 to Require Conditional Use Permits for New Pipelines At its meeting on April 11, 1989, the city Council introduced for first reading an ordinance amending Municipal Code Section 9040.39 to require conditional use permits for new pipelines. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, City Attorney ~~ . . ,.. CA:RMM:rmd877/hpca city Council Meeting 4-25-89 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 specif1ed 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 ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code section 9040.39 is amended to read as follows: - 1 - . . .. 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 wi th 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. (c) "pipeline" fixtures, controlled, connection For purposes of this section, includes all real estate, and personal property owned, operated, or managed in 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. - 2 - . . . (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: ~h-.~ R<?BERT M. MYERS U C1ty Attorney - 3 -