§ 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 30 days, documenting what occurred and demonstrating that the required clearing, construction, cleanup and restoration was accomplished in 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.

Permit Requirement	Area of Site Disturbance
Zoning Clearance	Less than 40,000 sf
Minor Use Permit	40,000 sf or more

 

2.

No permit required. No land use or grading permit is required for routine pipeline maintenance practices disturbing areas less than 1,000 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, Conditional Use Permit approval is required.

b.

Conditional 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 Conditional Use Permit review.

a.

Prior to construction, the entire right-of-way shall be prominently staked. All property owners shall be notified at least 30 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.

Conditional 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.

[Amended 1990, Ord. 2444] [22.08.286]