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Home My WebLink About1990-10-30 - AGENDA REPORTS - HAZARDOUS WASTE FACILITIES (2)• 0 AGENDA REPORT City Manager Approval Item to be presented by: PUBLIC HEARING Lynn M. Harris L % DATE: October 30, 1990 SUBJECT: Draft Ordinance pertaining to Hazardous Waste Facilities Ordinance Number: 90-36 DEPARTMENT: Community Development BACKGROUND The attached draft ordinance creates requirements for siting criteria and the approval of a conditional use permit for hazardous waste disposal facilities. Presently, the zoning ordinance contains very limited provisions dealing with this subject. The preparation of this ordinance at this time is prompted by state requirements that require each county in the state to prepare a hazardous waste management plan; follow-up action by each city pursuant to its county plan is also necessary. Each City has a choice of adopting relevant portions of the county plan into its own general plan, adopting its own hazardous waste management plan, or adopting an ordinance that ensures consistency with the county plan and incorporates siting criteria for off-site hazardous waste disposal facilities (siting requirements may be more stringent than the County Plan). It has been determined that the most appropriate option for the City of Santa Clarita at this time is to adopt a local hazardous waste facilities ordinance. This subject will also be addressed further in the City's General Plan. The ordinance provides a comprehensive list of requirements for the siting of a potential. hazardous waste disposal facility and other criteria to be considered with a Conditional Use Permit to ensure land use and environmental compatibility. Revisions to the ordinance have been made as requested by the Planning Commission at its public. hearing on October 2, 1990. Application requirements will be addressed under a separate Council resolution. RECOMMENDATION 1. Approve the negative declaration. 2. Pending public testimony, approve the draft ordinance. 3. Introduce Ordinance No. 90-36, waive further reading, and.pass to second reading. ATTACHMENTS 1. Planning Commission Staff Report Dated October 2, 1990' 2. Planning Commission Resolution No. P90-53 3. Negative Declaration 4. Ordinance No. 90-36 MAR:237 A each Item:- 0 PUBLIC HEARING PROCEDURE 9 1. Mayor Opens Hearing a. States Purpose of Hearing 2. City.Clerk Reports on Hearing Notice 3. Staff Report (City Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) 5. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision 10. Mayor Announces Decision • CITY OF SANTA.CLARITA • NOTICE OF PUBLIC HEARING REGARDING A PROPOSED ORDINANCE AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE, ADOPTED BY REFERENCE, (THE PLANNING AND ZONING CODE), RELATING TO THE OFFSITE HAZARDOUS WASTE MANAGEMENT FACILITIES TO COMPLY WITH STATE MANDATED REQUIREMENTS. PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita to consider a proposed ordinance to address offsite hazardous waste management facilities to comply with state mandated requirements. The hearing will be held by the City Council in the City Hall Council chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 30th day of October, 1990, at or after 6:30 p.m. . Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's Office, Santa Clarita City Hall, 23920 Valencia Blvd., 3rd Floor, Santa Clarita. If you wish to challenge this order in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: September 26, 1990 Donna M. Grindey City Clerk 10 Publish Date: October ll, -S, 1990 3 '10/24/90 11:27 $213 236 2700 80S LA MAIN »»» CITY HALL • ORDINANCE NO. 90-36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING SECTION 22.32.190-A-4 OF, AND ADDING SECTION 22.56.256 TO, THE.SANTA CLARITA MUNICIPAL CODE, RELATING TO THE REGULATION AND ESTABLISHMENT OF PROCEDURES FOR THE SITING OF HAZARDOUS WASTE FACILITIES. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ORDAINS AS FOLLOWS: SECTION 1. Section 22.32.190-A-4 is amended by adding the following use as a use permitted subject to a conditional use permit in the M-2 Zone: SECTION 2. Section 22.56.256 is added to the Santa Clar t�ncipal Code to read: 10002/011 22.56.256 HAZARDOUS WASTE FACILITIES - ADDITIONAL REGULATIONS. Hazardous waste facilities shall be subject to the approval of a conditional use permit in compliance with the provisions of this Section. The conditional use permit process is intended to assure adequate protection of public health and the environment without imposing undue restrictions on hazardous waste facility projects. NOT -Mr , _ Unless.otherwise provided, the words and phrases used in this section shall have the meanings set forth in Division 20, Chapter 6.5, Article 2 of the California Health and Safety Code (commencing with Section 25110) and Section 25199.1 of the California Health and Safety Code, and as such provisions are amended from time to time. 1. Residuals Repository. "Residuals 11 Repository" is defined pursuant to the definition contained in the Los Angeles County Hazardous Waste Management Plan. B. Procedures for ApR icatipns for Land Use Decisions. In addition to the.procadures specified in this Chapter, applications for hazardous waste facilities shall be processed in a manner consistent with the provisions of Division 20, Chapter 65, Article 8.7 of the California -1- dch/ORD05995 10/22/90 10/24/00 11:2/ '2213 236 2700 8N&S LA MAIN --+ C411Y HALL L000J/011 40 • Health and Safety Code (commencing with Section 25199) and as such provisions may be amended from time to time. 1. Criteria. All hazardous waste facility projects must meat the criteria listed herein unless the City Council determines that one or more criteria should be relaxed to meet an overriding public need identified by the Council. 2. Noticer Mailing Labels. Not later than one (1) month prior to any public hearing scheduled either by the City or the Governorts Office of Permit Assistance, the applicant shall provide three (3) sets of mailing labels indicating all owners of record as shown on the latest County Equalized Assessment Roll that lie within a two thousand (2,000) foot radius of the boundary or land owned by the project applicant and three (3) sets of mailing labels indicating all residents, tenants, and businesses within a two thousand (2,000) foot radius of the boundary or land owned by the project applicant. C. Contents of Application. Every application for a hazardous waste facility project -shall be made in writing to the Director of Community Development on the forms provided by the Director of Community Development, and accompanied by a filing fee as established by the City Council by resolution. 1. Consistency with siting policies. All Hazardous Waste Facility projects in the City of Santa Clarita shall be consistent with the Hazardous Waste Siting policies, standards, and locational criteria in the Land Use Element of the Santa Clarita General Plan and the provisions of this Section. a 2. Cgnsistencv with the_General Plan. The proposed facility shall be consistent with all general plan requirements, zoning ordinances, and other planning actions or policies that were in place at the time the application was deemed complete. 3, changes in Real Property Values. The applicant shall fund an independent study of the affects of the facility on real property values within the City. While the proponent shall fund the study, in advance, the City shall hire and control the work of the consultant conducting said study. Said study shall be completed prior to action -2- dch/ORD05995 10/22/90 10/24/90 11:28 %2213 236 2700 BW&S LA MAIN »»» CITY HALL • on the application_by the Local Assessment Committee so that the information contained in the study may be considered by the Local Assessment Committee. 4. Direct Revenue to Local Jurisdictions. The Council may, at its discretion, explore; review, and impose appropriate taxes, user fees, and other revenue or compensation options. 5. Changes in Employment. The applicant proponent shall fund an independent study of changes in employment anticipated if the facility is approved. While the proponent shall fund the study, in advance,. the City shallhire and control the work of the consultant conducting said study. Said study shall be completed prior to action on the application by the Local Assessment Committee so that the information contained in the study may be considered by the Local Assessment Committee. 6. Exgegg Volume. No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the City of Santa Clarita and not currently being managed by a facility located -in Santa Clarita unless satisfactory compensation is made to the City or a joint powers agreement or intergovernmental agreement provides otherwise. 7. CCo Aatibility with County Hazardous Waste Management PlanAny application shall clearly demonstrate compatibility with the portions of -the County of Los Angeles Hazardous Waste Management Plan that identify siting criteria for hazardous waste facilities. 8. Land Use Compatibility. The application shall demonstrate that the hazardous waste facility is highly compatible with land uses in the vicinity of the proposed facility. For a residual repository, the distance from the active portion of the facility to the nearest residence shall be a minimum of two thousand (2,000) feet. 9. Capabili v Qf Emergency Services. All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better than those recommended by the National Fire Preservation Association. In addition, -3- dch/ORD05995 10/22/90 lU/24/k1U 11:Zd Vzid 'Z60 ZtW • b4&S LA MAIN --- 1:111 HALL • L6 UUb/U 11 hazardous materials accident response services at the facility may be required based on the type of wastes handled on the location of the facility. 10. Flood Hazard Areas. Residuals repositories are prohibited in areas subject to inundation by floods with a one hundred (100) year return frequency, and shall not be located in areas subject to flash floods and debris flows. All other facilities shall avoid locating in flood plains or areas subject to flash floods and debris flows unless they are designed, constructed, operated and maintained to prevent release or migration of hazardous wastes in the event of inundation. 11. Proximity to Active or Potentially Acti Faults. All facilities are required to have a minimum two hundred (200) toot setback from a known active earthquake fault. 12. Slone Stability. Residuals repositories are prohibited in areas of potential rapid geological change. All other facilities shall avoid locating in areas of potential rapid geological change.unless containment structures are designed, constructed, and maintained to preclude failure as a result of such changes. 13. Dam Failure Inundation Areas. All hazardous waste management facilities shall locate outside a dam failure inundation area. 14. Acueducts and Reservoirs. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies. 15. Discharge of Trgated Effluent. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. Such discharge shall be pre-treated as necessary prior to discharge into the sanitary sewer system. if sewers are not available, the site should be evaluated for ease of connecting to a sewer or for the feasibility of treatment and surface discharge. 16. Proximity to Water Supply Wells and Well Fields. A residuals repository shall locate away from the cone of depression created by pumping a well or wall field. Location is preferred where the saturated zone predominately discharges to non -potable water without any immediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the cone of -4- dch/QRD05995 10/22/90 lU/'14/yU 11:1,J 6`113 1.36 2100 • Bpi&S LA MAIN --- CITY HALL • depression created by pumping a well field unless an effective hydrogeologic barrier to vertical flow exists. 4006/011 17. Depth to Groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated seasonal high elevation of underlying groundwater is ten (10) feet or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California Registered Civil Engineering Geologist. Facilities which handle liquids should be located where groundwater flow is in one direction with no vertical interformational transfer of water. 18. Proximity to Habitats of Threatened Endangered species. Facilities are prohibited.in habitats of threatened or endangered species unless the applicant can demonstrate that the habitat will not be disturbed and the survival of the species will not be threatened. 19. Recreation. Cultural, or Aesthetic Areas. All facilities shall be prohibited in areas of recreation, cultural, or aesthetic value. 20. Areae of Potential Miners D VD,% t . Residual repositories shall not be located on or near lands classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports. All other facilities shall avoid locating on or near lands classified as containing mineral deposits of significance it the use or preservation of the mineral deposit would be restricted or prevented. 21. Distance from Major Transnortation Routes. Distance traveled on minor roads shall be kept to a minimum. Facility proponents shall be required to pay.user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility. 22. structures Fronting Truck and Transportation Routes. Facilities shall be located such that any.truck or transportation routs to and from state or interstate divided highways or rail lines contain a minimum number of nonindustrial structures and sensitive uses (homes, hospitals, schools, etc.). -5- dch/ORD05995 10/22/90 10/24/90 11:30 V213 236 2700 BW&S LA MAIN --- CITY HALL 01007/011 0 • 23. Closure and Post-Closura Plan. The applicant shall submit to the Director of Community Development a written closure plan and post -closure plan approved by the Department of Health Services. All revisions to such closure plan shall also be submitted to the Director of Community Development. 24. Financial Responsibility. Prior to issuance of a permit to begin the use identified in the land use decision, the applicant shall submit, to the.City Manager, proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other Federal or State Agency. 25. Indemnification. The applicant agrees to protect, defend, indemnify, and render harmless the City of Santa Clarita and its City Council, City Manager, and all officers, employees and agents of the City against and from all claims, actions, or liabilities relating to the land use decision or arising out of its implementation at the Site. 26. General Conditions. The City may impose, as necessary, conditions and standards other than those presented in this subsection and in the Santa Clarita General Plan, in order to achieve the purposes of this ordinance and to protect the health, safety, or general welfare of the community. I 4_M... . .Te.I XX•,c 1. Safety and Security. The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry of persons, livestock, or wild animals onto any portion of the facility. 2, Surveillance. The operator shall -provide a twenty-four (24) hour surveillance system which continuously -monitors and controls entry onto the facility. 3. Fencing. Perimster.fencing shall be constructed to the satisfaction of the Director of community Development. 4. Signage. if not inconsistent -with the requirements of other laws, signs with the legend "DANGER HAZARDOUS WASTE AREA -UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each entrance to the facility, and at other appropriate locations. The legend shall be written in English and Spanish and shall be legible from a distance of at least twenty-five (25) feet. -6- dch/ORD05995 10/22/90 10/24iy0 11:30 6`213 236 2700 64&S LA MAIN --- CITY HALL fOd008/011 5. Monitoring. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City of Santa Clarita is authorized to enforce under its police power, City officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted. 6. Reports. The owner or operator of a facility shall report quarterly to the Public works Department the amount, type, and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing ths.exact location of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site. 7. Complaints: Forwarding. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other Local, Regional, State or Federal Agencies to the Director of Community Development. 8. Emergency Response Plan. An emergency response plan shall be prepared and updated annually, signed by all management personnel and by each person at the facility who has emergency response responsibility, and distributed to all local emergency response agencies, the Director of Public Works and the Director of Community Development. The emergency response plan and the annual updates shall detail specific procedures to be undertaken in the event of an emergency. 9. Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved Conditional Use Permit, must be approved by the City through an amendment to the Conditional.use Permit before such modifications occur at the facility. 10. Continaeogv operation Plan. Every hazardous waste facility project must have a contingency operation plan approved by the California Department of Health Services (DHS). A copy of the contingency operation plan, including emergency heliport capability if necessary, approved by DHS shall be maintained at the facility. The facility owner or operator shall provide a current copy of the contingency plan to the City Manager, Director of Community Development, Sheriff, the Fire Chief, each -7- dch/ORD05995 10/22/90 1.1/L4/dU 11:.11 'Q'L13 Loo ZIVV 0 WidJ LA MAIN ++» 1.1 II t1ALL 400b/011 • hospital within 20 miles, and the Los Angeles County Department of Health. 11, Environmental Monitoring Report. Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Director of Community Development, in a form approved by -the Director Of Community Development. 12. Release Resnonse Costs. The facility owner/operator shall be responsible for all costs incurred by the City of _Santa Clarita and its officers, agents, employees or contractors, or other agencies responding in accordance with mutual aid agreements, for responding to a release of hazardous wastes at or enroute to or from the facility. 13. Extremely Hazardous Wastes. Any storage, treatment, disposal or transportation of "extremely hazardous waste" as defined in Section 25115 of the Health and Safety Code, by the facility owner/operator shall be reported to the Director of Community Development at least forty-eight (48) hours prior to such storage, treatment, disposal, or transportation. 14. Duration of Land Use Decision. The life of the land use decision shall be determined at the time of approval and shall not exceed ten (10) years. The project proponent shall commence substantial construction of the facility within two (2) years of the land use decision and such construction must be pursued diligently to completion." F. Compliance Costs. All costs of compliance with this ordinance shall be.borne by the facility owner/operator. G. Enforcement. The City of Santa Clarita may employ any and all methods permitted by law to enforce this ordinance. SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, -8- dch/OR005995 10/22/90 11.J1 UG 1J GJD GIP/V 01.aa Ln "InIA --- l - LII nnLL Wd t/lu/V11 • phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. SECTION 4. In the consideration and adoption of this ordinance, the council finds and determines as follows: A. The City of Santa Clarita is proceeding in a timely fashion with the preparation of a general plan. There is a reasonable probability that this ordinance will be Consistent with the general plan proposal.currently being considered or studied, that there is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed project is ultimately inconsistent with that plan, and that the proposed project complies with all other applicable requirements of state law and local ordinances. a. Implementation of this draft ordinance will cause no significant adverse effects on the environment. SECTION 5. The City Council has reviewed and considered the environmental information contained in the Initial Study, and determines that it is in compliance with the California EnvironmentalQuality Act and that the proposed project will not have a significant impact on the environment. A negative declaration was prepared for this project. Based upon the findings stated above, the City Council approves the negative declaration. SECTION 6. The Clerk shall certify to the adoption of this or Hance and cause it to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this , 1990 Jo Anne Darcy Mayor day of -9- dch/ORD05995 10/22/90 10/24/90 11:32 0213 2362700 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of the City of Santa — Clarita at a regular meeting thereof, held on thvote of the 19900 by the following day of Council. AYES: NOES: ABSENT: Donna M. Grindey city C1erK -10- doh/ORD05995 RESOLUTION NO. P90-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA RECOMMENDING APPROVAL OF CODE AMENDMENTS RELATING TO HAZARDOUS WASTE FACILITIES THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does -hereby find and determine as follows: a. On June 28, 1990, the City of Santa Clarita was notified by The State Department of Health Services (SDOHS) that the SDOHS had approved the County of Los Angeles Hazardous Waste Management Plan. b. In accordance with Sec. 25135.7(c) of the Health and Safety Code, the City of Santa Clarita .has chosen to adopt a local ordinance which requires consistency with the County of Los Angeles Hazardous Waste Management Plan and sets forth criteria for the siting of hazardous waste management facilities. C. A duly noticed public hearing was held by the Planning Commission on October 2, 1990 in the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6:30 p.m. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon studies and investigation made by the Planning Commission and on its behalf, the Commission further finds and determinesas follows: a. The City of Santa Clarita is proceeding in a timely fashion with the preparation of a general plan. There is a reasonable probability that this project, will be consistent with the general plan proposal currently being considered or studied, that there is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed resolution is ultimately inconsistent with that plan, and that the proposed project complies with all other applicable requirements of state law and local ordinances. b. Amending the code relating to hazardous waste facilities is necessary for the protection of the public health, safety, welfare and environment. SECTION 3. The City of Santa Clarita Planning Commission has reviewed and considered the environmental information contained in the Initial Study, and determines that it is in compliance with CEQA and that the proposed project will not have a significant impact on the environment. A negative declaration was prepared for this project. Based upon the findings stated above, the Planning Commission recommends approval of the negative declaration to the City Council. 1-M& e)4I415*1 9 SECTION 4. Based on the foregoing, the Planning Commission hereby recommends approval to the City Council of the code to be amended to read as shown in the attached Exhibit 1. SECTION 5. The Secretary shall certify the adoption_ of this Resolution. PASSED, APPROVED, AND ADOPTED this 2nd day of October, 1990. Louis, Brathwaite, Chairman Planning Commission I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the 2nd day of October 1990, by the following vote of the Commission: AYES: Commissioners: NOES: Commissioners: ABSENT Commissioners: Lynn M. Harris, Director Community Development MAR:r ID 217 "D"4 4I613i11 CITY OF SANTA CLARITA STAFF REPORT Zoning Ordinance Amendment No. 90-004 DATE: October 2, 1990 TO: Chairman Brathwaite and Members of the Planning Commission FROM: Lynn M. Harris, Director of Community Developmen�jj�� CASE PLANNERS Michael Rubin, Associate Planner APPLICANT: City of Santa Clarita LOCATION: Citywide REQUEST: An ordinance to establish a local permit process and criteria for the siting of offsite hazardous waste disposal facilities in compliance with state mandated requirements. BACKGROUND: In February, 1989, the City of Santa Clarita adopted Resolution 89-13 which approved the proposed County of Los Angeles Hazardous Waste Management Plan for submittal to. the State Department of Health Services (SDOHS). The County Plan was subsequently sent. to SDOHS for review and, on November 30, 1989, the State approved the plan. On June 28, 1990, the City of Santa Clarita received notice by the State Department of Health Services that the County of Los Angeles Hazardous Waste Management Plan had been approved and that the City had 180 days to either: 1) Incorporate the applicable portions of the County Hazardous Waste Management Plan, by reference, into the City's General Plan; or, 2) Adopt a City Hazardous Waste Plan consistent with the County plan and containing all the elements required by State law; or, 3) Enact an ordinance which requires that all' applicable zoning, subdivision, conditional use permit, and variance. decisions are consistent with the portions with the final County plan which identified general areas or siting criteria for off-site hazardous waste management facilities. This ordinance may be more stringent than the provisions of the County Plan. The attached draft ordinance provides for consistency with the County Plan and, in addition, a local permit review process with more stringent planning and siting requirements than those specified in the County Hazardous Waste Management Plan as specifically authorized by Section 25135.7 (d) of the State Health and Safety Code in order to protect the public health, safety and welfare. The provisions in the ordinance have been tailored to reflect local concerns that should bel considered in connection with hazardous waste facilities. Additionally, this subject will be further addressed in the City's General Plan when completed. This ordinance amendment is necessary in that the City's present ordinance allows "waste disposal facilities" through the conditional use -permit process in the M-2 and M-4 Industrial zones without specific provisions and criteria for consideration of hazardous waste facilities. The ordinance clarifies and defines hazardous waste facilities and sets forth specific criteria for their ZOA-90-004 - 2 - October 2, 1990 review and siting in connection with the conditional use permit process in order to protect the public health, safety, welfare and environment. Inasmuch as the City incorporated area does not contain any property zoned for M-4 use, the draft ordinance specifies that a hazardous waste disposal facility may_ only be considered in the M-2 zone. PROJECT DESCRIPTION: The proposed ordinance establishes criteria to be considered through the conditional use process for the siting of a hazardous waste disposal facility in the M-2 zone. The criteria takes into consideration land use compatibility and a comprehensive list of environmental concerns: Protection of residential areas, groundwater, air quality, environmentally sensitive areas, wildlife, recreational, cultural, and aesthetic resources, ground transportation and traffic, and structural stability and safety of the disposal facility site. Additional conditions beyond the limitations posed by the siting criteria, as appropriate could also be applied. ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act, an Initial study was prepared for this project. It was determined that this project could not have a significant effect on the environment, and a Negative Declaration has been prepared. INTERDEPARTMENT/INTERAGENCY REVIEW: This ordinance was prepared with the consultation of the City's Public Works Department and the City Attorney's Office. ANALYSIS: The draft ordinance will establish uniform standards to control the location, design, and maintenance of hazardous waste facilities and to protect the quality of life and the environment. RECOMMENDATION 1. Recommend approval of the attached Negative Declaration to the City Council. 2. Recommend approval of the attached draft ordinance to the City Council. 3. Adopt the attached resolution. LMH: MAR: r ID 210 P CITY OF SANTA CLARITA N E G A T I V E D E C L A R A T I O N CERTIFICATION DATE: APPLICANT: City of Santa Clarita TYPE OF PERMIT: Zoning Ordinance Amendment FILE NO.: ZOA-90-004 =.=-__Q.....................=....................._..—......._........... LOCATION OF THE PROJECT: Citywide DESCRIPTION OF THE PROJECT: Amendments to Title 22 of the Los Angeles County Code, adopted by reference (The Planning and Zoning Code) and relating to siting criteria for offsite hazardous waste management facilities and the requirement of a conditional use permit to comply with state mandated requirements. .=.=....=................................................................. [X] City Council It is the determination of the [ ] Planning Commission ( ] Director of Community Development upon review that the project will not have a significant effect upon the environment. Mitigation measures [ ] are attached [X] are not attached Form completed by: r ` Michael A. Rubin, Associate Planner (Name and -Title) Date of Public Notice: September 11. 1990 [X] Legal advertisement. [ ] Posting of properties. [ ] Written notice. - 9 - 0 C. MANDATORY FINDINGS OF SIGNIFICANCE Section 15065 of the California Environmental Quality Act states, in part, that if any of the following can be answered yes or maybe, the project may have a significant effect an the environment and an Environmental Impact Report shall be prepared. YES MAYBE NO 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sus- taining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ................. [ ] [ ] [XJ 2. . Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) [ ] [ ] [X] 3. Does the project have impacts which are individually limited but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) .. [ ] [ J [X] 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ......... [ ] [ ] [XJ D. DISCUSSION OF ENVIRONMENTAL EVALUATION Presently the City's zoning ordinance addresses only a "waste disposal facility," which is a conditional use in the M-2 and M-4 industrial zones. In the definition of a waste disposal facility, a distinction is made between common household waste and its disposal, and "industrial waste." No further provisions are made to control or manage waste disposal. New requirementsanddefinitions are needed to address the contemporary concerns of hazardous waste. The draft ordinance proposes that criteria be created for the siting of off-site hazardous waste disposal facilities and that a conditional use permit be required for a hazardous waste disposal facility. The criteria would then be part of the City's zoning ordinance. The adoption of this ordinance in itself would not have any signficant adverse impacts upon the environment. At the time that an application for a.conditional use permit is filed for an off-site hazardous waste disposal facility, it would be reviewed for adherence to the criteria and detailed environmental review would be conducted. Application of the criteria will limit the potential adverse environmental impacts in a manner not possible under the existing ordinance. 10 Determining the suitability of a location for waste disposal is the key factor.in creating siting criteria. The conditional use permit is an appropriate review mechanism to evaluate adherence to such standards. In the future when evaluating a proposed disposal site, the following potential environmental impacts would be taken into consideration in the City's review of a conditional use permit: 1. Land use compatibility: protection of residential areas, groundwater, air quality, environmentally sensitive areas, wildlife, recreational cultural, and aesthetic resources. 2. Ensurance of safe ground transportation of hazardous waste, structural stability and safety of the ,disposal facility. 3. Compatibility with social and economic development goals of the community. Mitigation measures and conditions of approval would be attached to the permit to ensure necessary compatibility. Based on these general considerations, preparation of a Negative Declaration is determined to be appropriate. E. On the basis of this Initial Study, it is determined that: The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION WILLBE PREPARED . .................................... [X] Although the proposed project COULD have a significant effect on the environment, there WILL NOT be a significant effect in this case because the mitigation measures described in this Initial Study have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED ..................................... [ ] The proposed: project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required . ......................................... [ 1 DEPARTMENT OF COMMUNITY DEVELOPMENT CITY OF SANTA CLARITA, CALIFORNIA September 11, 1990 Date MAR:r ID 206 IRA rol 1212, Michael A. Rubin. Associate Planner Name and Title