A. 
Land classified in a HWMF Overlay Zone shall also be classified in a C-M, M-1, or OM-1 Zone and the following regulations shall apply in the HWMF Overlay Zone unless otherwise provided in this chapter.
B. 
Land areas approved for Hazardous Waste Management Facilities in accordance with this chapter shall be shown on the Official Zoning Map by the symbol "HWMF."
(Ord. 4825, 1993)
The purpose and intent of this overlay zone is to provide a mechanism for the siting of specified off-site hazardous waste management facilities and to ensure that such facilities are sited consistent with the requirements of the Hazardous Waste Management Plan adopted by Chapter 22.05 of Title 22 of this code, the base zone over which the HWMF Overlay Zone is applied and the existing and future uses in the area surrounding such facilities.
(Ord. 4825, 1993)
A. 
The procedure for establishing a Hazardous Waste Management Facility Overlay Zone in combination with one of the underlying zones listed in Section 28.75.001 of this chapter shall be the same as set forth under Zone Changes in Chapter 28.92 of this title, except as otherwise outlined in this chapter.
B. 
If a development plan is required for a hazardous waste management facility, it shall be processed as outlined in Chapter 28.85, concurrently with the request for the HWMF Overlay Zone as required above. In addition, a Conditional Use Permit in accordance with the provisions of Title 28, Chapter 28.94, shall be required and shall be processed concurrently with the request for the HWMF Overlay Zone change as required above.
C. 
In addition to the application requirements for a zone change, development plan, conditional use permit and any other necessary applications for land use permits, an application for uses in the HWMF Overlay Zone shall include:
1. 
An evaluation of the consistency of the proposed project with the siting criteria for offsite hazardous waste management facilities set forth in the Hazardous Waste Management Plan.
2. 
An evaluation of alternative sites for the project.
3. 
Map(s) showing the area within a half-mile radius of the project site which indicate:
a. 
All dwelling units and other sensitive land uses such as schools, hospitals, convalescent hospitals, rest homes, day care facilities, libraries, parks, etc.;
b. 
Other buildings and structures;
c. 
Environmentally sensitive areas;
d. 
Location of major highways and access routes;
e. 
Available emergency services; and
f. 
All significant topographic features.
4. 
Map(s) showing the area within a quarter-mile radius of the project site which indicate:
a. 
All sanitary sewer systems;
b. 
All storm drains; and
c. 
The prevailing wind direction.
5. 
Information on the types and maximum and average expected quantities of wastes proposed to be stored, treated or transferred by the facility and the physical and chemical characteristics of those wastes.
6. 
A Risk Assessment that estimates the level of risk to human health and the environment. Sufficient detail shall be provided so that decision-makers have an adequate basis from which to consider alternatives. The Risk Assessment shall include, but not be limited to, the following items:
a. 
The use of worst case incident scenarios;
b. 
The identification of the maximum volumes expected of different classes or types of hazardous materials or wastes;
c. 
The identification of physical and chemical characteristics of the wastes that will be handled;
d. 
A discussion of the size and composition of any residential or populated areas nearby and the potential for impacting these areas;
e. 
An evaluation of potential impacts to air quality, water resources, crops, vegetation and wildlife;
f. 
An evaluation of the project's effect on immobile populations;
g. 
An analysis of emergency response capabilities;
h. 
An evaluation of emissions from routine operations;
i. 
The evaluation of different transportation options; and
j. 
A discussion of the proposed detection and monitoring systems, auditing and inspection programs and other risk reduction controls with regard to protection of human health and the environment.
7. 
A preliminary Risk Management Prevention Plan (RMPP) if such RMPP is required by reason of Section 65850.2 of the Government Code.
8. 
A preliminary emergency response plan that addresses the potential actions to be taken in the event of a release or a threatened release of a hazardous waste.
9. 
Measures or plans to ensure site security.
10. 
Analysis of depth to groundwater.
11. 
Data needed to evaluate need for the hazardous waste management facility as identified by Policy 2-1 of the Hazardous Waste Management Plan, including, but not limited to, data from the state manifest records, data from the Santa Barbara County Department of Environmental Health Services, other current data and any intergovernmental agreements into which the County of Santa Barbara has entered.
12. 
A site characterization and geotechnical investigation which evaluates geologic hazards and other disaster potential. This shall include, but not be limited to, assessment of soils, faults, slopes, landslide potential, ground and surface waters and floods.
13. 
Traffic, circulation and parking demand study.
14. 
Architectural and visual analysis which shows how the project will be designed to protect public views and to be compatible with the neighborhood.
15. 
An assessment of the project's expected demand for water, sewer and energy including availability of the required resources and any conservation measures incorporated into the project design.
16. 
A closure and post-closure plan detailing measures to be taken to restore, evaluate and monitor conditions at the site at the time the applicant or successor owners/operators cease operation of the hazardous waste management facility, to ensure the elimination of any adverse environmental condition related to the operation of the facility or any condition which could pose a hazard to human health, affect community welfare, or which could affect existing or potential development in the vicinity. The plan will include demonstration of binding commitments to guarantee implementation of the plan. The adequacy of the plan will be determined by the Director of the Community Development Department.
17. 
An analysis of the project's potential fiscal impact on the City and any other affected jurisdictions along with financial assurances that show that the operator has included a funding system that will cover the costs of construction, operation, emergency, closure and post-closure cleanup and monitoring.
18. 
Any other information that the Community Development Department deems necessary to evaluate and process the application.
(Ord. 4825, 1993; Ord. 5609, 2013)
In addition to the findings required for the approval of rezones, development plans, conditional use permits and any other necessary approvals, no rezone to the HWMF Overlay Zone shall be approved unless the City Council, upon the recommendation of the Planning Commission, also makes the following findings:
A. 
The hazardous waste management facility is consistent with the Hazardous Waste Management Plan.
B. 
There is a need for the offsite treatment, storage or transfer hazardous waste management facility as determined pursuant to Policy 2-1 of the Hazardous Waste Management Plan.
C. 
The rezone and/or proposed facility is consistent with the siting criteria for offsite hazardous waste management facilities set forth in the Hazardous Waste Management Plan and with the development standards set forth in Section 28.75.045 of this chapter.
D. 
A risk assessment has been prepared for the rezone and/or development plan which adequately evaluates the risks to human health and safety and the environment under both routine operations and upset conditions.
E. 
The risks to human health and the environment have been minimized to the maximum extent feasible and the remaining risks are considered acceptable.
F. 
The facility will be operated using the best feasible hazardous waste management technologies.
G. 
The significant environmental impacts have been addressed as required under the provisions of the California Environmental Quality Act of 1970, as amended from time to time.
H. 
The proposed facility is consistent with the City General Plan in that the facility is in an area designated by the General Plan and zoned for industrial use and the area is substantially developed with other industrial facilities which are served by the same transportation routes as the proposed facility. In addition, the land uses authorized in the General Plan and by zoning in the vicinity of the project are compatible with the project.
I. 
The proposed facility is within reasonable proximity to industrial facilities which produce or treat hazardous waste on-site as outlined in the Hazardous Waste Management Plan.
J. 
The alternative locations for the proposed facility, as identified in the environmental impact report for the project and in the Hazardous Waste Management Plan, have been adequately considered in determining the location chosen for the facility.
K. 
A closure and post-closure plan has been submitted which adequately describes and guarantees implementation of measures to be taken to restore, evaluate and monitor conditions at the site upon cessation of operations, to ensure elimination of adverse environmental conditions and potential hazards to human health and other effects.
L. 
The project will not create a financial burden for the City or the County.
M. 
The proposed facility operator has demonstrated financial responsibility for the operation, monitoring, closure and post-closure requirements of the facility.
(Ord. 4825, 1993)
In addition to the application and public hearing process required by this title for any change of zone, conditional use permit, development plan or other land use permit, offsite hazardous waste management facilities are subject to the procedures outlined in Article 8.7 (commencing with Section 25199.1) of the California Health and Safety Code, including, but not limited to, the following:
A. 
Notice of intent. At least 90 days before filing an application for the addition of a HWMF Overlay Zone to a property and for a Conditional Use Permit for an offsite hazardous waste management facility and, if necessary, a coastal development permit and/or development plan approval with the City, the applicant shall file a Notice of Intent to make such application with the Office of Permit Assistance in the Governor's Office of Planning and Research and with the City of Santa Barbara. The Community Development Department shall publish a notice in a newspaper of general circulation in the City, shall post notices in the location where the proposed project is located and shall notify, by direct mailing, the owners of all property within 450 feet of the proposed project, as shown on the latest equalized assessment roll. The Notice of Intent is not transferable to a location other than the location specified in the notice and 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 Notice of Intent filed with the City shall include the following:
1. 
A complete description of the nature, function and scope of the project.
2. 
Labels containing the names, addresses and assessor's parcel numbers of all property owners within 450 feet of the affected parcel, as shown in the latest equalized assessment roll.
3. 
A fee to cover the costs of processing the Notice of Intent and carrying out the required notification procedures, as adopted by a resolution of the City Council.
B. 
Public information meeting. Within 90 days of filing a Notice of Intent with the Office of Permit Assistance, the Office shall convene a public meeting in the City of Santa Barbara in order to inform the public of the nature, function and scope of the proposed offsite hazardous waste management facility project and the procedures that are required for approving applications for such projects.
C. 
Selection and costs of Local Assessment Committee. The City Council shall appoint a seven member Local Assessment Committee to advise it in considering an application for an offsite hazardous waste management facility, subject to the following requirements:
1. 
The Local Assessment Committee shall be appointed not later than 30 days after the application for an offsite hazardous waste management facility is accepted as complete by the Community Development Department.
2. 
A fee adequate to cover the costs of establishing and convening the Local Assessment Committee, as adopted by a resolution of the City Council, shall be paid by the applicant at the time the application is submitted.
3. 
The committee shall be broadly constituted to reflect the makeup of the community and shall include three representatives of the community at large, two representatives of environmental or public interest groups and two representatives of affected businesses or industries. Members of the committee shall have no direct financial interest, as defined in Section 87103 of the Government Code, in the proposed offsite hazardous waste management facility.
D. 
Duties of Local Assessment Committee. The Local Assessment Committee shall, as its primary function, advise the City Council of the terms and conditions under which the proposed offsite hazardous waste management facility project may be acceptable to the community. To carry out this function, the Committee shall do all of the following:
1. 
Enter into a dialogue with the applicant to reach an understanding with the applicant on both of the following:
a. 
The measures that should be taken by the applicant in connection with the operation of the proposed offsite hazardous waste management facility to protect the public health, safety and welfare and the environment of the City.
b. 
The special benefits and remuneration the facility applicant will provide the City as compensation for the local costs associated with the facility.
2. 
Represent generally, in meetings with the project applicant, the interests of the residents of the City and the residents of adjacent communities.
3. 
Receive and expend any technical assistance grants made available pursuant to subsection H of this section.
4. 
Adopt rules and procedures which are necessary to perform its duties.
5. 
Advise the Planning Commission and City Council of the terms, provisions and conditions for project approval which have been agreed upon by the Committee and the project applicant, and any other information the Committee deems appropriate. The Planning Commission and City Council may use this advice for their independent consideration of the project.
6. 
The City Council shall assure that staff resources are provided to assist the Local Assessment Committee in performing its duties.
E. 
Term of the Local Assessment Committee. A Local Assessment Committee established pursuant to this section shall cease to exist after final administrative action by state and local agencies has been taken on the permit applications for the project for which the Committee was convened.
F. 
Notification of the Office of Permit Assistance and scheduling of public hearing. The Community Development Department shall notify the Office of Permit Assistance within 10 days after the application for an offsite hazardous waste management facility is accepted as complete by the City. Within 60 days after receiving such notice, the Office of Permit Assistance shall convene a meeting of the lead and responsible agencies for the project, the project applicant, the Local Assessment Committee and the interested public, for the purpose of determining the issues which concern the agencies that are required to approve the project and the issues which concern the public.
G. 
Local assessment Committee meet and confer. Following the public hearing required in subsection F. of this section, the project applicant and the Local Assessment Committee shall meet and confer on the offsite hazardous waste management facility proposal for the purpose of establishing the terms and conditions under which the project will be acceptable to the community.
H. 
Technical assistance grants. If the Local Assessment Committee finds that it requires assistance and independent advice to adequately review a proposed offsite hazardous waste management facility project, it may request technical assistance grants from the City Council to enable the Committee to hire a consultant.
1. 
The Committee may use technical assistance grant funds to hire a consultant to do either, or both, of the following:
a. 
Assist the Committee in reviewing and evaluating the application for the project, the environmental document prepared for the project and any other documents, materials and information that are required by the City and responsible agencies in connection with the application.
b. 
Advise the Committee in its meetings and discussions with the facility applicant to seek agreement on the terms and conditions under which the project will be acceptable to the community.
2. 
The City shall require the applicant for the proposed offsite hazardous waste management facility to pay a fee equal to the amount of any technical assistance grant provided the Committee under paragraph 1 of this subsection. The funds received as a result of the imposition of the fee shall be used to make technical assistance grants exclusively for the purposes described in paragraph 1 of this subsection.
3. 
The City shall deposit any fee imposed pursuant to paragraph 2 of this subsection in the City treasury, maintain records of all expenditures from the account and return any unused funds and accrued interest to the project applicant upon completion of review of the proposed project.
I. 
Failure to resolve differences. If the Local Assessment Committee and the project applicant cannot resolve any differences through their meetings, the Office of Permit Assistance may assist in this resolution pursuant to Health and Safety Code Section 25199.4.
J. 
Appeal of decision of City Council. A decision of the City Council to approve or deny an application for an offsite hazardous waste management facility may be appealed to the Governor of the State of California or the Governor's designee pursuant to Health and Safety Code Sections 25199.9, 25199.10, 25199.11 or 25199.13, as appropriate.
(Ord. 4825, 1993)
A. 
Any use permitted in the underlying zone classification, except residential use.
B. 
Offsite Hazardous Waste Management Facilities including:
1. 
Hazardous Waste Transfer Station.
2. 
Hazardous Waste Storage Facility.
3. 
Hazardous Waste Treatment Facility.
4. 
Hazardous Waste Recycling Facility.
C. 
Hazardous Waste Residual Repositories are prohibited within the incorporated limits of the City of Santa Barbara.
(Ord. 4825, 1993)
A. 
A buffer adequate to protect the public health and safety and environmentally sensitive areas shall be established. The size and location of the buffer shall be based upon a thorough assessment of the risk to human health and the environment.
B. 
All offsite hazardous waste management facilities shall be designed and constructed so as to contain spills, leaks and other accidental releases of waste. Containment shall provide protection to air quality and surface and groundwater resources and shall be based on a site characterization and geologic report.
C. 
All offsite hazardous waste management facilities shall use public services.
D. 
Offsite hazardous waste management facilities shall include measures for adequate site security.
E. 
Offsite hazardous waste management facilities shall be visually compatible with existing and anticipated surrounding land uses.
F. 
No noxious odors associated with an offsite hazardous waste management facility shall be detectable at or beyond the property boundary.
G. 
The level of noise generated by facility operation at the property boundary shall not exceed 65 dB(A).
H. 
All offsite hazardous waste management facilities shall comply with Santa Barbara County Air Pollution Control District rules and regulations and shall be consistent with the Air Quality Attainment Plan.
I. 
Project construction shall include mitigation of construction impacts, including, but not limited to, dust suppression, emissions controls, sedimentation controls and restricted construction hours.
J. 
Grading and alteration of natural drainages shall be minimized and adequate provisions shall be made to prevent erosion and flood damage.
K. 
A monitoring system to measure offsite impacts, including, but not limited to, noise, odors, vibration and air and water quality degradation shall be in operation throughout the construction, operation, closure and post-closure of the facility.
L. 
All outside lighting shall be shielded and no unobstructed beam of light shall shine off the premises. In addition, lighting shall not draw attention to the facility. All lighting shall be of an overall level and type compatible with surrounding uses.
(Ord. 4825, 1993)
Required setbacks shall be subject to the same limitations as those found in the underlying zone, except as outlined by Section 28.75.045 of this chapter.
(Ord. 4825, 1993; Ord. 5459, 2008)
Distance between buildings on the same lot shall be subject to the same limitations as those found in the underlying zone, unless a greater distance between buildings is determined to be necessary during review of the project.
(Ord. 4825, 1993)
Any ordinance amendment establishing a HWMF Overlay Zone classification under this chapter shall terminate and the affected property shall automatically revert to the district classification represented by the basic symbol if the conditional use permit, coastal development permit, development plan approval and/or other land use permit expire.
(Ord. 4825, 1993)
Notwithstanding any provision of law to the contrary, nonresidential construction must comply with Chapter 28.85 and no application for a land use permit for a nonresidential construction project will be accepted or approved on or after December 6, 1989 unless the project complies with the provisions outlined in Development Plan Approval, Chapter 28.85.
(Ord. 4825, 1993; Ord. 5609, 2013)