The purpose of the hazardous chemical overlay (H-C-O) zone is
to allow for the use of properties within the city for the manufacture
and wholesale trade of hazardous drugs, chemical and allied products
and for petroleum bulk stations, within a specified district as a
principal permitted use.
(Zoning Code, Ch. 106, § 1066.11)
The H-C-O zone shall be used only in combination with the M-1,
light industrial zone, and the M-2, general industrial zone.
(Zoning Code, Ch. 106, § 1066.20)
Establishment of the H-C-O zone, in combination with a designated
industrial zone, shall be designated on the official zoning map of
the city by adding the designation "H-C-O" in parentheses as a suffix
to the regular zone designation.
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(Zoning Code, Ch. 106, § 1066.30)
The following uses and structures are allowed in any M-1 and
M-2 zone designated as an H-C-O, hazardous chemical overlay district:
(Zoning Code, Ch. 106, § 1066.40; Ord. No. 2018-20, § 7, 11-28-18)
The purpose of hazardous materials regulations is to insure
that adequate safeguards are implemented prior to the operation of
any use or project involving certain hazardous materials or substances
which may present a threat to public health and safety.
(Zoning Code, Ch. 106, § 1066.61)
Any existing or proposed use or project involving unstable material,
highly toxic material or poisonous gas as defined by the Uniform Building
Code, or acutely toxic materials, as defined in Section 25532 of the
California Health and Safety Code, shall be disclosed to the fire
chief and to the San Diego County Department of Health Services—Hazardous
Materials Management Division, prior to the issuance or renewal of
a business license, permit or certificate of occupancy.
(Zoning Code, Ch. 106, § 1066.70)
(a)
All permits required by law, including, but not limited to, those
required by the San Diego County Department of Health Services—Hazardous
Materials Management Division, shall be submitted to the fire chief
with a description of the project.
(b)
After reviewing all required permits and descriptions, the fire chief
shall either:
(1)
Approve the use applicable to the provisions of the permits issued
and Uniform Building and Fire Codes as adopted by the city;
(2)
Refer the project and permits to the staff development committee
for additional review and conditional approval; or
(3)
If it is determined by the fire chief that the use primarily involves
research, experimentation, packaging, repackaging, processing or reprocessing
the subject hazardous materials, the use or project shall be subject
to approval of a conditional use permit by the planning commission.
(Zoning Code, Ch. 106, § 1066.80)
Any decision by the fire chief or staff development committee
under the authority of section 33-666 of this article may be appealed
to the building advisory appeals board under the provisions of municipal
code Chapter 6, Article 2.
(Zoning Code, Ch. 106, § 1066.90)
Hazardous waste treatment and storage facilities can be established
either as a separate facility, or serve as one component of a larger
integrated complex, subject to the provisions and guidelines of the
County of San Diego Hazardous Waste Management Plan (HWMP), as amended
and adopted by the City of Escondido (Resolution No. 89-310). The
following uses and structures are allowed in select M-2 zones designated
as an H-C-O, Hazardous Chemical Overlay District, subject to approval
of a conditional use permit (CUP):
(a)
Transfer station. A hazardous waste facility where hazardous wastes
are loaded, unloaded, pumped or packaged for future transport and
storage.
(b)
Storage facility. A permitted hazardous waste facility, for temporary
storage of hazardous waste, which meets any of the requirements as
listed in Appendix A of the Hazardous Waste Management Plan.
(c)
Treatment facility. A facility at which hazardous waste is subjected
to treatment or where a resource is recovered from a hazardous waste.
(d)
Recycling facility. A facility which redirects or utilizes a hazardous
waste or substance from a hazardous waste, and includes recovery or
resources from a hazardous waste.
(e)
Solidification facility. A facility which uses a treatment process
for limiting the solubility or detoxification of hazardous wastes
by producing blocks of treated waste with high structural integrity.
(f)
Stabilization facility. A facility which uses a treatment process
for limiting the solubility or detoxification of hazardous wastes
by adding materials which ensure that hazardous constituents are maintained
in their soluble and/or toxic form.
(g)
Incineration facility. A facility which employs a process for reducing
the volume or toxicity of hazardous wastes by oxidation at high temperatures.
(Ord. No. 92-22, § 1, 6-10-92)
Hazardous waste treatment and storage facilities are subject
to the applicable criteria and standards of the M-2 zone and those
criteria listed below. A city-appointed local assessment committee
(LAC) may recommend modification of the standards upon approval by
the planning commission, subject to findings that such modifications
are reasonably necessary in order to implement the general intent
of the Hazardous Waste Management Plan and this section. In case of
a conflict, the more restrictive standards shall apply.
(a)
A risk assessment shall be prepared for all proposed facilities pursuant
to the requirements of the Hazardous Waste Management Plan;
(b)
For facilities handling ignitable, volatile, or reactive waste, a
minimum 2000 foot buffer zone shall be maintained around existing
and future residential uses, unless a risk assessment analysis demonstrates
that the public is adequately protected in the event of an accident.
Hotels and motels shall be considered residential uses;
(c)
Facilities not handling ignitable, volatile, or reactive wastes shall
comply with the underlying zoning setback requirements unless a greater
distance is justified through the approval process;
(d)
Residual repositories and landfills are prohibited due to setback
and siting constraints.
(Ord. No. 92-22, § 1, 6-10-92)
Prior to approval of an off-site hazardous waste management
facility, all of the following findings shall be made:
(a)
The location and design of a facility will not create a significant
threat to life and property due to fire, explosion, water contamination,
spill, emissions or other hazards;
(b)
The location, design, bulk, scale and overall character of a proposed
project shall be visually and architecturally compatible with the
I-15/78 Corridor Area Plan;
(c)
That the proposed facility in itself, or in combination with other
similar facilities, does not substantially exceed the city's and county's
"fair share" for the type of treatment which such a facility would
provide;
(d)
That the facility does not result in an over-concentration of facilities
in a particular geographic area.
(Ord. No. 92-22, § 1, 6-10-92)
(a)
The provisions of this ordinance do not apply to facilities which
collect and temporarily store spent lubricating products from off-site
sources (i.e., all automotive, marine and aviation crankcase oils,
including gear lubes, transmission oils and hydraulic oils; all industrial
oils except metal working oils that are chlorinated) where the collection,
storage and transfer of such products are regulated by the County
of San Diego Hazardous Materials Management Division or any other
public agency. The collection, handling and temporary storage of off-site
spent lubricating products shall be incidental to the primary operation
of the facility;
(b)
Household hazardous waste and other hazardous waste community collection
events are exempt from these provisions.
(Ord. No. 92-22, § 1, 6-10-92)
