This section provides standards for pipeline and communications transmission lines and related facilities, where designated as S-13 uses by Coastal Table O, Part I of the land use element. 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 in accordance with this title, Title 19 and Title 13 of this 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 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:

(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 provided that the exemption from grading permit does not apply to areas identified in Section 23.05.026(h).
(3) Application Contents. In addition to the application materials required by Chapter 23.02, the application for a proposed new or replacement pipeline, electrical or communications transmission line is to 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 Requirement -- Pipelines.
(A) Where an existing or proposed pipeline is to be used for conveyance of toxic substances or highly volatile liquids (HVL) other than crude oil, and non-HVL liquefied petroleum products, development plan approval is required.
(B) Development plan approval is required for all surface facilities, pumping or booster stations for pipelines, except that such facilities included by Section d, Chapter 7, Part I of the land use element under the definition of "Public Utility Facilities" are subject to the applicable permit requirements for that use.
(2) Application Contents.
(A) A route-specific geologic investigation, design and mitigation program will be submitted as part of the land use permit application for proposed pipelines. At minimum, this program shall contain:
(i) A detailed geologic hazard investigation defining specific hazards;
(ii) An engineering design component showing plans for each hazard identified;
(iii) A geohazards mitigation component demonstrating how and to what extent each hazard is reduced; and
(iv) 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 utilize 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.
(D) Where a pipeline is to be placed through a sensitive resource area, the development plan application shall include a field survey by a qualified biologist to assess impacts to the important coastal resources identified in Energy and Industrial Development Policy 7 of the Local Coastal Program Policies Document.
(3) Required Finding. A development plan application within an environmentally sensitive habitat will be approved only where the planning commission can find that the development will be consistent with Energy and Industrial Development Policies 7 through 12 of the Local Coastal Program Policies Document.
(4) Development Standards.
(A) Underground Pipelines. 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 development plan review.
(i) 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.
(ii) Before entering upon any property for construction, the applicant shall demonstrate to the planning director that it has obtained the right to enter the property for purposes of such construction.
(iii) 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.
(iv) Restore the ground surface following underground installation to a condition compatible with adjacent properties and land uses.
(v) 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 such a spill.
(vi) After startup, use of the pipeline right-of-way shall be restricted to operational maintenance, inspection, repair, and protection of the pipeline.
(B) Surface Facilities. To be determined through development plan approval.
(C) Pipelines Near Coastal Bluffs. Shall be designed to insure stability considering wave action and bluff erosion.
(d) Electric Transmission Lines.
(1) Permit Requirement.
(A) Emergency repair and general permit requirements, Sections 23.08.286(a) and (b), apply to electric power distribution lines (i.e., less than 69kV design capacity).
(B) Development plan 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 23.02 of this title, 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 utilized, 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.
(3) Required Finding. Electric power transmission line facilities shall be approved only where the planning commission can find that the development will be consistent with Energy and Industrial Development Policies 16 through 20 of the Local Coastal Program Policies Document.
(4) Utility Lines Within Public View Corridors. Where feasible, utility lines shall be underground when their placement would limit or detract from views of the ocean from collector or arterial roads. In all other cases, they shall be sited to minimize their visibility from public roads. (Ord. 2715 § 157, 1995; Ord. 2592 § 9 (part), 1992)