SR-400-006-02
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APR 2 5 1989
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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
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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:
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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 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.
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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:
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R<?BERT M. MYERS U
C1ty Attorney
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