The purpose 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, Hazardous Waste Management Plan, of the Santa Barbara Municipal Code, the base zone over which the HWMF Overlay Zone is applied and the existing and future uses in the area surrounding such facilities.
Land areas approved for Hazardous Waste Management Facilities
in accordance with this chapter shall be shown on the Zoning Map by
the symbol "HWMF." Land classified in a HWMF Overlay Zone shall also
be classified in a M-C, M-I, or CO-MI base zone.
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 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 this chapter.
D. A risk
assessment has been prepared for the rezone, Conditional Use Permits,
and any other necessary approvals 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,
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.
In addition to the application and public hearing process required
by this Title for any change of zone, Conditional Use Permit, 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 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.
Height limitations of the base zone shall apply.
Required setbacks shall be subject to the same limitations as those found in the base zone, except as outlined by Section
30.55.070, Project Development Standards, above.
Parking shall be provided in accordance with Chapter
30.175, Parking Regulations.
Any ordinance amendment establishing a HWMF Overlay Zone classification
under this chapter shall terminate and the affected property shall
automatically revert to the base zone classification represented by
the basic symbol if the Conditional Use Permit, Coastal Development
Permit, or other land use permit expire.
Development in the HWMF Overlay Zone shall be reviewed for consistency
with an approved permit and any conditions of approval. No development
may be approved and no building permit issued unless the project is
consistent with an approved permit and any conditions of approval.