Title 22 LAND USE
Chapter 22.30 STANDARDS FOR SPECIFIC LAND USES
22.30.360 Pipelines and transmission lines.
This section provides standards for pipeline and power and communications
transmission lines and related facilities, where designated as allowable by
Section 22.06.030. This section applies to emergency repairs, replacement,
renewal, and upgrading of existing facilities, as well as to new
facilities.
A. Emergency Repairs. Notwithstanding the other provisions of
this section, emergency repairs necessary for public or environmental health and
safety reasons do not require prior approval; however, nothing in this title
exempts reporting as required by various state and federal regulations.
Following the emergency, land use and building permit applications which would
otherwise have been required for the type of work performed shall be submitted
within thirty days, documenting what occurred and demonstrating that the
required clearing, construction, cleanup and restoration was accomplished to
compliance with this title, Title 19 and Title 13 of the County Code, as
appropriate.
B. General Permit Requirements.
1. Determination of Permit
Level. Except as otherwise provided by this section for specific facilities, and
except where county land use permit authority is preempted by state law, the
land use permit required to authorize a proposed land use of this type is
determined by the magnitude of site disturbance, i.e., the area in square feet
per site (or project if the project crosses more than one site) of grading or
removal of natural ground cover, as follows:
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Permit Requirement
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Area of Site Disturbance
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Zoning Clearance
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Less than 40,000 sf
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Minor Use Permit
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40,000 sf or more
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2. No Permit Required. No land use or grading permit is required for
routine pipeline maintenance practices disturbing areas less than one thousand
square feet; or installation, testing, placement in service, or the replacement
of any necessary utility connection between an existing facility and an
individual customer or approved development for utilities regulated by the
public utilities commission, including electrical, water, telephone, sewage
disposal or natural gas lines on a single site or within a public
right-of-way.
3. Application Contents. In addition to the application
materials required by Chapter 22.62, the application for a proposed new or
replacement pipeline, electrical or communications transmission line shall be
accompanied by documentation that the applicant:
a. Is the owner of record
of the land involved; or
b. Has easements or lease arrangements from the
owners of record sufficient to carry out the actions proposed; or
c. Has
notified all landowners of record (e.g., a copy of a letter informing landowners
of the proposed activities and proposed rights-of-way for this project and the
mailing list used) potentially involved within the corridor being
proposed.
C. Pipeline Facilities.
1. Permit Requirements.
a. Where
an existing or proposed pipeline shall be used for conveyance of toxic
substances or highly volatile liquids (HVL) other than crude oil, and non-HVL
liquefied petroleum products, use permit approval is required.
b. Use permit
approval is required for all surface facilities, pumping or booster stations for
pipelines, except that these facilities included in Article 8 (Definitions)
under the definition of “Public Utility Centers” are subject to the
applicable permit requirements for that use.
2. Application
Contents.
a. A route-specific Geologic Investigation, Design and Mitigation
Program shall be submitted with the land use permit application for proposed
pipelines. At minimum, this program shall contain:
(1) A detailed geologic
hazard investigation defining specific hazards;
(2) An engineering design
component showing plans for each hazard identified;
(3) A geohazards
mitigation component demonstrating how and to what extent each hazard is
reduced; and
(4) A program of trench inspection to identify any potential
geologic hazard not previously noted with a mitigation measures program to be
instigated prior to pipeline installation.
b. Included in the land use
permit application will be information on how construction at stream crossings
will use low-flow periods, incorporate sediment retention devices and minimize
time and area of disturbance.
c. A restoration, erosion control and
revegetation plan shall be included in the grading permit
application.
3. Development Standards. The following standards apply to the
development of proposed underground pipelines in addition to any that may be
established during the permit review process. Standards for pipeline surface
facilities shall be determined through use permit review.
a. Prior to
construction, the entire right-of-way shall be prominently staked. All property
owners shall be notified at least thirty days prior to start of
construction.
b. Before entering upon any property for construction, the
applicant shall demonstrate to the director that it has obtained the right to
enter the property for purposes of such construction.
c. Included in the
land use permit application will be a plan for a route-specific cultural
resources survey of the entire right-of-way. This shall include an
identification and mitigation program for all known, or later identified
sites.
d. Prior to operation, there will be an approved Oil Spill
Contingency and Emergency Response Plan in place which details identification,
cleanup and restoration procedures to be employed in the event of a
spill.
e. After startup, use of the pipeline right-of-way shall be
restricted to operational maintenance, inspection, repair, and protection of the
pipeline.
D. Electric Power Transmission Lines.
1. Permit
Requirements.
a. Emergency Repair and General Permit Requirements, Sections
22.30.360.A and B., apply to electric power distribution lines, i.e., less than
69kV design capacity.
b. Use permit approval is required for electric power
transmission lines, i.e., 69kV design capacity and greater, whether to be
established or upgraded.
2. Application Contents. In addition to all
information required by Chapter 22.02, the applicant shall submit information on
the proposed rights-of-way, including width, ownership, present land use, slope,
soils and vegetation, types and sizes of towers to be used, estimates of noise
generated during various operating and weather conditions, and estimates of
maximum electric and magnetic field strengths generated under the line, at
rights-of-way edges, and the extent that measurable fields extend in all
directions from the facility. (Ord. 2982 § 1 (part), 2002)
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