Chapter 14-44
ONSHORE OIL FACILITIES*
Sections:
14-44.010 Determinations by City Council.
14-44.020 Definition of onshore oil facility.
14-44.040 Compatibility with State and Federal law.
14-44.060 Continuance of hearings.
* Sections 14-44.100 through 14-44.160. added by Ordinance No. 851-90 C-M, renumbered by codifier to conform to existing code numbering style.
14-44.010 Determinations by City Council.
(a) Whenever any person, corporation, partnership or group seeks an amendment of either the City of Watsonville General Plan, the City of Watsonville Zoning Ordinance, or the City of Watsonville Local Coastal Land Use Plan to permit the development within the City of any onshore oil facility, the City Council shall determine whether the proposed amendment is in conformity with the coastal policies, if applicable, and General Plan and whether the amendment furthers the health, safety and welfare of the people of the City. If the City Council finds that the proposed amendment is consistent with the coastal policies, if applicable, and the General Plan and is not injurious to the health, safety and welfare of the people of the City, it shall submit the proposed amendment to a referendum vote of the people at either a special municipal election or the then-upcoming general election in accordance with State Elections Code or Article XIII of the City Charter. The proposed amendment shall not become effective unless approved by a majority of the electors voting in the municipal election.
(b) Whenever any person, corporation, partnership or group seeks a Special Use Permit issued by the City Council as required by Section 14-16.603 of this Code, to permit the development and operation within the City of any onshore oil facility, in addition to the findings required for approval by Section 14-10.607 of this Code, the City Council shall determine whether the proposed amendment is in conformity with the coastal policies, if applicable, and General Plan and whether the amendment furthers the health, safety and welfare of the people of the City of Watsonville. If the City Council makes the findings required by Section 14-10.607 of this Code and finds that the proposed amendment is consistent with the coastal policies, if applicable, and the General Plan and is nor injurious to the health, safety and welfare of the people of the City, it shall submit the proposed Special Use Permit to a referendum vote of the people at either a special election or the then-upcoming general election in accordance with the State Elections Code or Article XIII of the City Charter. The proposed Special Use Permit shall not become effective unless approved by a majority of the Watsonville electors voting in the election.
(§ 1, Ord. 85 1-90 C-M, eff. October 11, 1990)
14-44.020 Definition of onshore oil facility.
For the purpose of this chapter, “onshore oil facility” shall mean any structure or development created for the purpose of storing, transporting, or processing liquid petroleum products, excluding the transportation, storage or retail sale of gasoline or motor oil.
(§ 1, Ord. 851-90 C-M, eff. October 11, 1990)
14-44.030 Cost of election.
The person, corporation, partnership, or group seeking any such Special Use Permit or amendment to the City of Watsonville General Plan, the City of Watsonville Zoning Ordinance, or the City of Watsonville Local Coastal Land Use Plan shall pay, to the extent permitted by law, any and all costs associated with the special or general election required herein.
(§ 1, Ord. 85 1-90 C-M, eff. October 11, 1990)
14-44.040 Compatibility with State and Federal law.
The referendum provided for by this chapter is intended to extend only to those legislative acts which may be validly exercised by the City Council in connection with the amendment of the City of Watsonville General Plan, the City of Watsonville Zoning Ordinance, or the City of Watsonville Local Coastal Land Use Plan or the issuance of a Special Use Permit to provide for the development of onshore oil facilities. This chapter is not intended and shall not be construed to apply to any activity or program which is regulated by federal or state law to the extent that such application of this section would conflict with such law. It is the intention of the City Council that this chapter be interpreted to be compatible with Federal and State enactments.
(§ 1, Ord. 851-90 C-M, eff. October 11, 1990)
14-44.050 Procedures.
The administrative and procedural regulations of Chapter 10 of Title 14 of this Code shall apply, except as modified by this chapter. A public hearing shall be held prior to action by the City Council.
(§ 1, Ord. 851-90 C-M, eff. October 11, 1990)
14-44.060 Continuance of hearings.
Any public hearing may be continued from time to time by the City Council, subject to limitations provided by law, and in such cases no further notice need be given.
(§ 1, Ord. 851-90 C-M, eff. October 11, 1990)
14-44.070 Fees established.
Fees to be charged upon filing the applications required by the provisions of this chapter shall be established by resolution of the City Council. All fees established shall be paid in full at the time an application is made, and, unless otherwise provided, no part of such fee shall be refundable. The fees established shall be additional to the fees or costs required for permits, approvals, or licenses under any other title of this Code.
(§ 1, Ord. 851-90 C-M, eff. October 11, 1990)