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.
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.
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)
Building height shall be subject to the same height limitation
as that found in the underlying zone.
(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)
Parking shall be provided in accordance with Chapter 28.90 of this code.
(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)
