HomeMy WebLinkAbout92-11 Regulation of Off-Site Hazardous Waste FacilitiesORDINANCE NO. 9.2- 1
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY
OF COSTA MESA, CALIFORNIA, ADDING ARTICLE 6 TO
THE CHAPTER XIII OF TITLE 13 OF THE COSTA MESA
MUNICIPAL CODE RELATING TO THE REGULATION OF
OFF-SITE HAZARDOUS WASTE FACILITIES.
THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1•
WHEREAS, on March 6,_ 1989 and April 15, 1991, the City Council
of the City of Costa Mesa approved the County of Orange Hazardous
Waste Management Plan (HWMP) and amendments, thereto, and certified
that the County of Orange Program Environmental Impact Report #490
as being complete and adequate for the HWMP; and
WHEREAS, on October 30, 1991, the State of California
Department of Toxic Substances Control determined that the County
of Orange Hazardous Waste Management Plan (HWMP) complies with the
Guidelines for the Preparation of Hazardous Waste Management Plan,
and fully complies with the provisions set forth in the California
Health and Safety Code Section 25135 et.seq., and adopted State
policies; and
WHEREAS, pursuant to the California Health and Safety Code
Section 25135.7(c), the City of Costa Mesa has 180 days after the
receipt of the County's HWMP approval to do one of the following:
(a) Incorporate the applicable portions of the approved
County Plan, by reference, into the City's General Plan;
or
(b) -Enact an ordinance which requires that'all applicable
zoning, subdivision, Conditional Use Permit, and Variance
decisions are consistent with the approved County HWMP
which identify general areas or siting criteria for
hazardous waste facilities; and
WHEREAS, a Negative Declaration was prepared for the project
that determined that, although the project could have a significant
effect on the environment, there will not be a significant effect
because mitigation measures have been adopted; the Negative
Declaration was available for review by the public for twenty-one
days.
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
amends Title 13 of the Costa Mesa Municipal Code as hereinafter set
f orth :
SECTION 2: Article 6 is hereby added to Chapter XIII of
Title 13 of the Costa Mesa Municipal Code to read as follows:
"ARTICLE 6. REGULATION OF OFF-SITE HAZARDOUS WASTE FACILITIES
Sec. 13-889. Purpose and Intent.
The purpose of this article is to establish land use regulations
and a permit process for controlling the location, design,
maintenance and safety of off-site hazardous waste facilities
pursuant to Chapter 6.5 of Division 20 of the California Health and
Safety.Code and the Orange County Hazardous Waste Management Plan.
Sec. 13-890. Applicability.
The specific requirements of this article. are applicable to the
siting, construction, and/or retrofit of any facility proposed for
the treatment, storage, transfer and disposal'of hazardous waste
generated from other sources (off-site) as defined in Section 13-
891.
The off-site facility definition in Section 13-891 does not apply
to: a) Transportable Treatment Units (TTU), which are designed to
be moved either intact or in modules and which are intended to be
operated at a given location for a limited period of time, or b)
permanent on-site hazardous waste facilities at locations where
hazardous waste is produced, and which are owned by, leased to, or
under the control of the producer of the waste. All such
facilities (i.e., off-site, on-site, and TTU's).shall be subject to
State licensing for installation and operation and appropriate
review by the City.
Sec. 13-891. Definitions.
The following words and phrases used in this chapter shall have the
definition set forth in this section, unless otherwise provided
herein:
1. Applicant. Any person applying to the City for a
Conditional Use Permit concerning a proposed hazardous
waste facility, as defined under the term "proponent" of
the State Health and Safety Code Section 25199.1(i).
2. Director of Development Services. The City of Costa Mesa
Director of Development Services.
3. General Fund. The State of California General Fund.
4. Appeal Board. A board designated by the Governor to
review the following types of appeals pursuant to
California Health and Safety Code Section 25199.9:
(a) Incineration facility (i.e., rotary kiln, fluid
bed, etc.);
(b) Residual repository (receives only residuals from
hazardous waste treatment facilities);
(c) Stabilization/solidification facilities;
(d) Chemical oxidation facilities;
(e) Neutralization/precipitation facilities; or
(f) Transfer/storage facilities.
10. Proposed Hazardous Waste Facility. A specific off-site
hazardous waste facility project proposal.
Sec. 13-892. Conditional Use Permit Required.
1. It shall be unlawful to establish and operate an off-site
hazardous waste facility within the City of Costa Mesa
without first obtaining a Conditional Use Permit. The
Conditional Use Permit shall require approval of the City
Council.
2. Off-site hazardous waste facilities may be allowed in the
MP and MG industrial zones, subject to the issuance of a
Conditional Use Permit and pursuant to the provisions of
this article and title. Other zoning districts where
off-site hazardous waste facilities may be considered are
C1 -S, C1, C2, PDC, TC, PDI, and I&R, provided a finding
is made by the City Council that the proposed facility is
of a purpose, scale, and operation that is compatible
with the intent of the applicable zoning district and
General Plan designation; the issuance of a Conditional
Use Permit shall also be required. This requirement is
in addition to other permits required by law. Where this
article does not provide specific direction, the
provisions of other applicable chapters and articles of
the Costa Mesa Municipal Code shall apply.
3. A Conditional Use Permit application for a proposed
hazardous waste facility shall be accompanied by all
processing fees as established by resolution of the City
Council.
Sec. 13-893. Application Requirements.
The Director of Development Services shall prescribe the form of
the application and information necessary to process the
Conditional Use Permit. In addition, the Director of Development
Services may require that the following information accompany the
application:
1. A map depicting the distance from the project property
lines to the nearest residential structure, residential
zone, and General Plan residential land use designation.
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(a) An appeal by the applicant of the disapproval by
the City of a hazardous waste facility application;
(b) An appeal by the applicant of one or more
conditions of approval placed by the City on an
approved hazardous waste facility application; and
(c) An appeal by an interested person which is based
solely on the grounds that the conditions of
approval imposed by the. City on an approved
hazardous waste facility application do not
adequately protect the public health, safety or
welfare..
(d) An appeal of all other City land use decisions as
specified in California Health 'and Safety Code
Section 25199.9
The procedures and requirements for an appeal to the
Appeal Board shall be pursuant to California Health and
Safety Code Section 25199.9 - 25199.14.
5. Hazardous Waste. A waste - as defined in California
Health and Safety Code Section 25117.
6. Interested Person. A person, as defined in California
Health and Safety Code Section 25118 and 25124, who
participated in one or more public meetings or hearings
held to consider an application for a Conditional Use
Permit for a proposed hazardous waste facility.
"Participation" as defined in the California Health and
Safety Code Section 25199.1(c) includes, but is not
limited to, the giving of oral or written_ testimony at a
meeting or hearing, submission of questions at a meeting
or hearing, or attendance at a meeting or hearing.
7. Local Assessment Committee (LAC). A State -required
committee as defined by California Health and Safety Code
Section 25199.7(d) of locally appointed representatives,
designed to negotiate with the proponents of a proposed
hazardous waste facility.
8. Office of Permit Assistance (OPA). The State of
California Office of Permit Assistance.
9. Off-site Hazardous Waste Facility. A facility, as
defined In California Health and Safety Code Section
25117.1, that accepts hazardous wastes that are generated
at another location (off-site) and serves more than one
producer of hazardous waste. Types of facilities
include, but are not limited to:
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2. Identification of surrounding zoning and land uses.
3. Project proximity to 100 -year floodplain,areas.
4. Project proximity to any known earthquake fault zones.
5. The relationship of the proposed project to all above
ground water supplies as well as known underground
aquifers that could possibly suffer contamination.
6. Existing and proposed utilities which service or will be
needed to service the facility.
7. A preliminary geological study of the property and
surrounding area which includes a soils analysis that is
to the depth of known aquifers, regardless of the
potability of those aquifers.
8. Identification of all wastewater, treated and untreated,
to be generated by the proposed facility and the method
and place of final discharge. Surface water run-off
shall also be addressed.
9. Identification of the amounts (tonnage) and types of
hazardous wastes to be treated at the proposed facility;
the sources of these wastes; the ultimate disposition of
the wastes; and the anticipated life of the facility.
Information shall be provided on the amounts, sources and
types of hazardous wastes to be treated based on an
actual survey of the industries to be served and,
thereby, representative of the wastes that will be
processed at the facility.
10. For properties within a 300 foot radius of the boundary
of the project site, the applicant shall provide a
surrounding ownership map, a list of names and mailing
addresses of all property owners and tenants within the
radius area, and five sets of mailing labels for all
tenants and owners of record per the specifications of
the Planning Division. A greater radius of notification,
up to a 1000 feet, may be required at the discretion of
the Director of Development Services.
11. A public involvement/ participation plan for the proposed
project which provides adequate forums to receive public
testimony in an effort to identify and mitigate all
public concerns prior to the formal City public hearings.
12. The proposed monitoring program to ensure on an ongoing
basis that there is no unintentional release of any
hazardous substance from the site. This program shall
include any ongoing monitoring necessary by other
permitting agencies including but not limited to the
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Southern California Air Quality Management District,
Environmental Protection Agency, Air Resources Board, and
Regional Water Quality Control Board.
13. A preliminary emergency
minimize hazards to human
fires, explosions or any
waste or hazardous waste
or surface water. The
immediate implementation
explosion, or release of
waste constituents which
the environment.
contingency plan designed to
health or the environment from
unplanned release of hazardous
constituents to the air, soil,
plan shall provide for its
whenever. there is a fire,
hazardous waste or hazardous
could threaten human health or
14. The proposed closure plan which identifies the steps
necessary to completely or partially close the facility
at any point during its operating life and to permanently
close the facility at the end of its intended operating
life.
15. An analysis of how the proposed project complies with the
Siting Criteria for Off -Site Hazardous Waste Facilities
described in the County of Orange Hazardous Waste
Management Plan. The siting criteria may be obtained
from the City of Costa Mesa Planning Division.
16. Documentation that all applicable permits, licensing, and
certification requirements under Chapter 6.5, Division
20, of the California Health and Safety Code have been
complied with.
17. Other information as required by the Director of
Development Services.
Sec. 13-894. Environmental Review.
The project shall be subject to environmental analysis according to
the City's established procedures pursuant to the California
Environmental Quality.Act. Fees for the environmental review of a
proposed hazardous waste facility shall be established by
resolution of the City, Council.
Sec. 13-895. Procedures.
The following procedures are for the purpose of, identifying the
steps for processing a,Conditional Use Permit application for a
proposed hazardous waste facility in compliance with California
Health and Safety Code Section 25199.7
1. At least 90 days before filing a Conditional Use Permit
application. with the City for a proposed hazardous waste
facility, the applicant shall file a Notice of Intent to
make an application with the Office of Permit Assistance
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(OPA) in the State's Office- of Planning and Research
(OPR) and with the Director of Development Services. The
Notice of Intent shall contain a complete description of
the nature, function and scope of the project. The OPA
shall immediately notify affected State.agencies of the
Notice of Intent. The.City shall publish a notice in a
newspaper of general circulation in the area affected by
the proposed project, shall post notices in the location
where the project is proposed, and shall notify, by a
direct mailing, the owners,of record and tenants of all
property,within a 300 foot radius of the boundary of the
project site. A greater radius of notification, up to
1000 feet, may be required at -'the discretion ,of the
Director of Development 'Services. .A Notice -of Intent is
not transferable to a' location other than the location
specified in the notice, and it shall remain in effect
for one year from the date it is filed with the City or
until it is withdrawn by the applicant, whichever is
earlier.
The applicant shall also provide for the notification
area, a surrounding ownership map, a list of names and
mailing addresses of all tenants and property owners of
record, and one set of mailing labels for all tenants and
property owners per the specifications of the Planning
Division.
The City shall impose a fee upon the applicant equal to
the cost of notification required by this section. The
fee shall be established by resolution of the City
Council.
2. Within 90 days after a Notice of Intent is filed with the
OPA., the OPA shall convene a public meeting within the
City to inform the public on the nature, function, and
scope.of the proposed project and the procedures that are
required for approving the project application. The
Director of Development Services shall coordinate with
OPA regarding the meeting's location and time, and "the
Director of Development Services shall provide notice of
the meeting.
3. Anytime after receiving a notification of the filing of
a Notice of Intent, but no later than 30 days after the
application for the proposed hazardous waste facility is
accepted as complete, the City Council shall appoint a
seven -member Local Assessment Committee (LAC) pursuant to
the provisions of Section 13-896. The City shall charge
the applicant a fee to cover the City's costs of
establishing and convening the LAC; said fee shall be
established by resolution of the City Council and shall
accompany the Conditional Use Permit application.
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4. The Director of Development Services shall notify the OPA
within 10 days after an application for a Conditional Use
Permit for a proposed hazardous waste facility is
accepted as complete. Within 60 days after receiving
this notice, the OPA will convene a meeting of the lead
and responsible agencies for the project, the applicant,
the LAC and the interested public, for the purpose of
determining the issues which concern the affected
agencies and the public pursuant to California Health and
Safety Code Section -25199.7(e). The meeting shall take
place in the City and shall be noticed pursuant to
Section .13-895 (1) .
5. Following the meeting as specified in Subsection 4, the
applicant and the LAC shall meet and confer on the
proposed hazardous waste facility for the purpose of
establishing- the terms and conditions under which the
project will be acceptable to the community.
6. If the LAC finds that it requires assistance and
independent advice to adequately review a proposed
hazardous waste facility project, it may request
technical assistance grants from the City to enable the
LAC to hire a consultant to assist and./or advise the LAC.
The LAC may use the available technical assistance grant
funds to hire a consultant to do either or both of the
following:
(a) Assist the LAC in reviewing and evaluating the
project application the environmental documents
prepared for the project pursuant to the California
Environmental Quality Act (Division 13 [commencing
with Section 21000] of the California Public
Resources Code) and any other documents, materials,
and information that are required by a public
agency in connection with the Conditional Use
Permit application.
(b) Advise the LAC.in its meetings and discussion with
the applicant to seek agreement on the terms and
conditions under which the project. will be
acceptable to the community.
The applicant shall. pay a fee, in addition to the fee set
forth in Subsection 3, to the City equal to the amount of
any technical assistance grant provided. to the LAC. The
City shall deposit any fee imposed in an. account created
in the City, maintain records of all expenditures from
the account, and return any unused funds and accrued
interest at the legal rate to the applicant upon
completion of the review of the proposed hazardous waste
facility project.
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7. If the LAC and the applicant cannot resolve any
differences through the meetings, the oPA may assist in
this resolution pursuant to Section 25199.4 of the
California Health and Safety Code.
8. At the request of the applicant, the City Council shall,
within 60 calendar days after the application is deter-
mined complete, issue an initial written determination on
whether the hazardous waste facility is consistent with
both the City's General Plan and zoning ordinances in
effect at the time the application was received, and the
Orange County Hazardous Waste Management Plan.
9. Upon completion of the project review by the LAC, and all
necessary environmental review, the Planning Commission
shall hold a public hearing on the Conditional Use Permit
and make its recommendation to the City Council in
writing. The recommendation shall include a statement of
whether or not the proposed hazardous waste facility
complies with the findings contained in Sections 13-347
and 13-898.
10. After the Planning Commission has made its
recommendation, the City Council shall hold a public
hearing and shall approve, disapprove or conditionally
approve -the request based on the findings contained in
Sections 13-347 .and 13-898 and, where applicable, the
findings contained in Section 13-892(2).
The City Council may impose conditions on the granting of
a Conditional Use Permit in order to achieve the purposes
of this_article and the General.Plan and to protect the
health, safety, and general welfare of:the-community.
11. An applicant may file an appeal of a decision made by the
City Council for a proposed hazardous waste facility with
the Appeal Board as provided in California Health and
Safety Code Section 25199.9.
Sec. 13-896. Local Assessment Committee.
Within the time frame specified in Section 13-895(3) of this
article, the City Council shall appoint a seven member Local
Assessment Committee (LAC) in conformance with Section 25199.7 (d) of
the California Health and Safety Code. The City shall provide
staff.resources to assist the LAC in performing its duties.
Sec. 13-897. Public Notices.
Public notices required by this article shall be given consistent
with the requirements of California Government Code Section 65091
and shall be given; at least 10 days prior to the date of the
public hearing, in all of the following manners:
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(a) Mailing by first class mail or delivery to the applicant,
to each owner of record of the property affected, and to
all tenants and owners of property of record within the
required notification area.
(b) Mailing by first class mail or delivery to Mesa
Consolidated Water District -and/or Santa Ana Heights
Water. Company, Costa Mesa Sanitary_ District, County
Sanitation Districts'of Orange County, and Newport Mesa
Unified School District and/or Santa Ana Unified School
District.
(c)' Mailing by first class mail to any person and/or agency
that has f i -led a written request with the Director of
Development Services.
(d) Publication at least once in a newspaper of general
circulation published and circulated in the City.
Sec. 13-898. Findings.
1. At a minimum, the following findings shall be made in writing
by the City Council prior to approval of a Conditional Use
Permit for a proposed hazardous waste facility:
(a) The project is consistent with the General Plan.
(b) The project will not be detrimental to the health, safety
or general welfare of the community.
(c) The project site is or will be adequately served by roads
and other public or private service facilities.
(d) The project will be consistent with the Regional Fair
Share Facility Needs Assessment, siting policies, and
facility siting criteria established in the County of
Orange Hazardous Waste Management Plan.
(e) Where applicable, the findings in Section 13-892 (2).
Sec. 13-899. Appeals.
1. In the event the City Council shall approve the Conditional
Use Permit, their action shall be final unless appealed
pursuant to Section 13-899(2).
2. An applicant or an interested person may file an appeal of a
land use decision -made by the City Council to the Appeal Board
within 30 days after the date the City Council takes final
action on the Conditional Use Permit pursuant to the
procedures set forth in Sections 25199.9 - 25199.14 of the
California Health and Safety Code."
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SECTION 3.
This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the
expiration of f ifteen (15 ) days from its passage shall be published
once in the ORANGE COAST DAILY. PILOT, a newspaper of general
circulation, printed and .published in the City of Costa Mesa or_, in
the alternative,. the City Clerk may cause to be published a summary
of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and within
fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office
of the City Clerk a certified copy of this Ordinance together with
the names of the members of the City Council voting for and against
the same.
PASSED AND ADOPTED this day of , 199.
ATTEST:
City Clerk of the City of
Costa Mesa
�tVED AS TO FORM:
y Attorney
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"Al 1"Wo
. ., - -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, EILEEN.P. PHINNEY, City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. was introduced and
considered section by sec on at a r ular meeting of said City
Council .held on. the day of , 19%Z, and
thereafter passed and adopted as a whole a regular meeting of
said Council held on the 1 day of , 19&, by
the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS : �i1,B-ytQ�
ABSENT : COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand nd affixed the
Seal of the City of Costa Mesa this day of ,
19A.
C"i ijzL"kj
-�; C ' ty Clerk and ex -officio Clerk
of the City Council of the Cit
of Costa Mesa
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