Any conditional use permit for a hazardous waste facility granted pursuant to Chapter 30.74 of the Zoning Code shall comply with the applicable provisions of this chapter, which are supplementary to and in the event of conflict shall supersede the regulations set forth in Chapter 30.74. Sections 30.57.050 through 30.57.100, and 30.57.120 of this chapter shall apply only to specified hazardous waste facility projects excluding household hazardous materials collection centers, as herein defined.
(Ord. 92-23)
Unless the context otherwise requires, the following definitions
govern the construction of this section:
shall mean a fault which surface displacement has occurred
during Holocene time (about the last 11,000 years) and is associated
with one or more of the following:
shall mean areas bordering oceans, bays, rivers, lagoons,
inlets, estuaries or similar bodies of water which may flood due to
tsunamis, seiches and storm surges.
shall mean areas below a dam structure (i.e., reservoir dam,
debris basin) which would be inundated by the flow of water from the
impoundment created by the dam structure if it were to fail.
shall mean areas which are prone to inundation by floods
having a 100-year return period, or by flash floods and debris flows
resulting from major storm events.
shall mean a waste, or combination of wastes, which because
of its quantity, concentration, or physical, chemical, or infectious
characteristics may either:
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness.
Pose a substantial present or potential hazard to human health
or environment when improperly treated, stored, transported, or disposed
of, or otherwise managed.
shall mean any structure, other appurtenances, and improvements
on the land, and all contiguous land, used for the treatment, transfer,
storage, resource recovery, disposal, or recycling of hazardous waste.
shall mean a project undertaken for the purpose of siting
and constructing a new hazardous waste facility or for the purposes
of significantly expanding or modifying an existing hazardous waste
facility that is being used or operated under a permit pursuant to
Section 25200 of the California Health and Safety Code or a grant
of interim status pursuant to Section 25200.5 of that code. Unless
expressly provided otherwise, "hazardous waste facility project" includes
a specified hazardous waste facility project.
shall mean a discretionary decision of a local agency concerning a hazardous waste facility project, including the issuance of a land use permit or conditional use permit, the granting of a variance, the subdivision of property, and the modification of existing property lines pursuant to Title 7 (commencing with Section 65000) of the California Government Code.
shall mean a project or facility publicly operated or under
contract with the City of Encinitas to collect and transfer household
hazardous materials.
shall mean facilities from which occupants should not or
cannot be relocated. These include, but are not limited to, such uses
as hospitals, nursing homes, child care facilities, K-12 schools,
convalescent homes and jail facilities.
shall mean surface materials that develop liquid properties
upon being disturbed.
shall mean a fault showing evidence of surface displacement
during Quaternary time (from the last 11,000 years to about the last
two to three million years), and is characterized by the following:
shall mean the distance from the active portion of the facility
(where waste will be treated or stored) to dwellings used by one or
more persons as a permanent place of residence, or to dwellings inhabited
by persons temporarily for purposes of work (e.g., migrant workers,
construction camps), or to dwellings used for temporary purposes (e.g.,
hotels or motels).
shall mean a specially sited, designed, constructed and operated
facility for the purpose of storing waste residuals as a result of
hazardous waste treatment.
shall mean to expand or modify an existing hazardous waste
facility, including a specified hazardous waste facility, in a manner
so that a land use decision and environmental impact report are required.
shall mean the relative degree to which the site will be
vulnerable to the forces of gravity, such as landslide, soil creep,
earth flow, or any other mass movement of earth material which might
cause a breach, carry wastes away from the facility, or inundate the
facility.
shall mean an off-site facility which serves more than one
producer of hazardous waste.
shall mean a project undertaken for the purpose of siting
and constructing a new specified hazardous waste facility or for the
purpose of significantly expanding or modifying an existing specified
hazardous waste facility that is being used or operated under a permit
issued pursuant to Section 25200 of the California Health and Safety
Code or a grant of interim status pursuant to Section 25200.5 of that
code.
shall mean a sinking of the land surface following the removal
of solid mineral matter or fluids (e.g., water or oil) from the subsurface.
An application for any facility under this chapter shall demonstrate
compliance with each of the siting criteria specified in the County
of San Diego Hazardous Waste Management Plan (HWMP) as currently in
effect, and with the following requirements. In the event of conflict
between the following requirements and the criteria as stated in the
Hazardous Waste Management Plan, the more stringent requirement shall
apply. No approval body shall approve the facility unless finding
it in compliance with the HWMP and this chapter.
A.
Proximity
to Populations.
1.
The
distance from the outside perimeter of a residuals repository shall
be no less than 2,000 feet to one or more existing residences, as
well as land designated in the General Plan for future residential
development of more than one dwelling unit per acre.
2.
Facilities
handling ignitable, volatile, or reactive waste shall be no less than
2,000 feet to one or more existing residences as well as land designated
in the General Plan for future residential development, unless it
is demonstrated in the risk assessment that the public is adequately
protected in the event of an accident.
3.
Facilities
not handling ignitable, volatile, or reactive waste shall be no less
than 2,000 feet to one or more existing residences as well as land
designated in the General Plan for future residential development,
unless it is demonstrated in the project risk assessment that the
public is adequately protected in the event of an accident.
4.
The
required setbacks shall be precluded from future residential uses
through property restrictions as recorded through easements and/or
covenants.
B.
Immobile
Populations. Facilities handling ignitable, reactive or volatile hazardous
waste shall be located no less than one mile from any given immobile
population unless it is demonstrated in the risk assessment that the
public is adequately protected in the event of an accident.
C.
Emergency
Services.
1.
Emergency
services shall be available within demonstrated emergency response
times which are the same or better than those recommended by the National
Fire Protection Association.
2.
Facilities
may, if approved by the City, provide their own emergency response
capability or locate, construct, fund, and provide training for the
necessary public facility.
3.
Upon
determination of the project risk assessment, facilities may be required
to provide additional facility design features or on-site emergency
services.
D.
Flood
Hazard Areas. No hazardous waste facility or project shall be allowed
in flood hazard areas.
E.
Areas
Subject to Tsunamis, Seiches, and Storm Surges. No hazardous waste
facility or project shall be located in areas subject to tsunamis,
seiches, and storm surges.
F.
Active
Faults.
1.
All
facilities are required to have a 200-foot setback from a known active
fault.
2.
Geotechnical
reports, subject to the review and approval of the City Engineer or
outside consultant are required for all projects to determine whether
or not active faults exist within or adjacent to the site. The risk
assessment will include this information as well as the magnitude
and distance to all known relevant active faults.
3.
All
facilities are required to be constructed to Seismic Zone 4 building
code standards.
G.
Potentially
Active Faults.
1.
All
facilities are required to have a 200-foot setback from a known potentially
active fault.
2.
Geotechnical
reports, subject to the review and approval of the City Engineer or
outside consultant are required for all projects to determine whether
or not potentially active faults exist within or adjacent to the site.
The risk assessment will include this information as well as the magnitude
and distance to all known relevant potentially active faults.
3.
All
facilities are required to be constructed to Seismic Zone 4 building
code standards.
H.
Slope
Stability. Hazardous waste facilities and projects shall not be sited
on lands where slope exceeds 25%.
I.
Subsidence/Liquefaction.
All facilities are prohibited from locating in areas of potential
subsidence/liquefaction.
J.
Dam
Failure Inundation Areas. All hazardous waste facilities are required
to locate outside dam failure inundation areas.
K.
Aqueducts
and Reservoirs. All facilities shall not be located in areas where
any possible contamination of drinking water contained in reservoirs
and aqueducts may occur (directly or indirectly through emissions).
The risk assessment and environmental review shall include an analysis
of such hazards.
L.
Discharge
of Treated Effluent. Facilities generating wastewater are required
to be located in areas with adequate sewer capacity to accommodate
facility discharge, or provide the capacity necessary as determined
by the appropriate water utility district. The risk assessment and
environmental review shall include an analysis of such hazards.
M.
Groundwater
Protection.
1.
Residual
repositories are required to conform to State Water Resources Control
Board (SWRCB) as implemented by the Regional Water Quality Control
Board, including:
a.
Immediately underlain by natural geologic materials with permeability
of not more than 1x10-7 cm/sec (1.24 in./yr.).
b.
Natural material shall be of sufficient thickness to prevent vertical
movement of fluid, including waste and leachate, to waters of the
state for as long as such fluids pose a threat to water quality.
c.
Lateral movement prevented by natural or artificial barriers.
2.
In
addition to the preceding siting criteria, the current SWRCB regulations
also include the following construction standards:
a.
Compatibility of the wastes with construction materials.
b.
Clay liner at least two feet thick (in addition to natural material
and synthetic liner).
c.
A leachate collection system adequate to collect and remove twice
the maximum anticipated daily volume.
d.
A cover adequate to prevent percolation of precipitation through
the wastes.
e.
Precipitation and drainage controls.
f.
Seismic design.
3.
All
other facilities are required to meet State Department of Health Service
regulations which require double containment for underground storage.
N.
Proximity
to Supply Wells and Well Fields. Hazardous waste facilities are required
to locate outside the cone of depression created by a pumping well
or well field unless an effective hydrogeologic barrier to vertical
flow exists.
O.
Depth
to Groundwater. 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 registered civil engineer or engineering geologist registered
in California.
P.
Groundwater
Monitoring Reliability.
Q.
Major
Aquifer Recharge Areas. Facilities with subsurface storage/treatment
located within one-half mile of a potential drinking water source
are required to have a groundwater study conducted to determine appropriate
buffer zone and mitigation measures.
R.
Existing
Groundwater Quality. Facilities located in areas where existing groundwater
quality is Class I or Class II (class levels established by the Environmental
Protection Agency in reference to groundwater vulnerability to contamination)
are required to provide increased spill containment and inspection
measures.
S.
Wetlands.
No facilities shall be located in wetlands such as saltwater, fresh
water, and brackish marshes, swamps and bogs inundated by surface
or groundwater with frequency to support, under normal circumstances,
a prevalence of vegetative or aquatic life which requires saturated
soil conditions for growth and reproduction, as defined in adopted
general, regional, state or federal plans.
T.
Proximity
to Habitats of Threatened and Endangered Species. No facility shall
be located within critical habitat areas, as defined in adopted general,
local, regional, state or federal plans.
U.
Natural,
Recreational, Cultural, and Aesthetic Resources.
1.
Facilities
are prohibited from locating on private or public lands having local,
regional, state or national significance, value, or importance. These
lands include national, state, regional, county, and local parks and
recreation areas, historic resources, wild and scenic rivers, scenic
highways, ecological preserves, public and private (e.g., Natural
Conservancy Trust for public lands) preservation areas, and other
lands of local, regional, state or national significance.
2.
Facilities
are prohibited from locating within 2,000 feet of any public recreation
area.
3.
Low
volume transfer and storage facilities can be considered in these
areas to handle any hazardous wastes generated by local workers, residents
or visitors.
V.
Prime
Agricultural Lands. Hazardous waste facilities may be considered in
these areas only if overriding public service needs are sufficiently
demonstrated in compliance with state law.
W.
Mineral
Deposits. Facilities are prohibited from being sited so as to preclude
extraction of minerals necessary to sustain the economy of the state.
X.
Public
Facilities. Lands owned by federal, state, county, or local governments
including but not limited to highway maintenance and storage areas,
airports, city or county corporation yards, waste disposal facilities,
sewage treatment facilities, and state school lands may be considered
for low volume transfer uses providing they conform to all other siting
and conditional use permit criteria.
Y.
Transportation.
1.
Travel
Time Minimization. Hazardous waste facilities shall only be sited
where transportation of hazardous waste within the City of Encinitas
is minimized. The risk assessment and environmental review shall include
an analysis of transportation routes, times, and alternatives.
2.
Location
Near Major Traffic Routes. Transportation to and from hazardous waste
facilities shall be limited to established truck routes to the greatest
extent possible. Travel on all other roads shall be minimized to the
greatest extent possible. The type of traffic, such as that generated
for hospitals, schools or shopping centers shall be considered in
establishing transit routes and locations. The time allowed for transportation
shall be limited to non-peak hours. The traffic counts related to
capacity of the route and the accident rates shall be taken into account
when determining routes and locations. A facility developer may upgrade
roads to provide additional capacity, within the classification for
the road as established by the Circulation Element of the Encinitas
General Plan and related City regulations. An assessment of the "population
at risk" based on the Federal Highway Administration's Guidelines
for Applying Criteria to Designate Routes for Transporting Hazardous
Materials is required as part of the risk assessment. The risk assessment
and environmental review shall also include an analysis of transportation
routes, times, and alternatives.
Z.
Consistency
with the General Plan.
1.
The
proposed facility shall be consistent with the goals and policies
of the General Plan and implementing ordinances.
2.
Hazardous
waste facility developers may apply for an amendment to the City's
General Plan and zoning, in order to secure appropriate site zoning
as required by this title; however, no application shall be accepted
as complete or granted approval prior to approval of the General Plan
Amendment and zoning changes.
AA.
Direct
Revenue to the City of Encinitas.
1.
The proposed facility's potential for tax and revenue generation
compared to both current site users and other reasonably prospective
site users in terms of amount and stability of revenues, and cost
to the City of the provision of municipal and associated district
services, should not result in a net loss to the City for the provision
of such services.
2.
A compensation program may be proposed by the developer to offset
any projected losses.
(Ord. 2017-03)
Each proposal for a hazardous waste facility project shall be
subject to a risk assessment, prior to any consideration of project
approval. Except as otherwise provided herein, the risk assessment
shall be done in conjunction with environmental review of the proposed
project under the California Environmental Quality Act (CEQA). The
risk assessment shall satisfy the analyses outlined for such assessments
in the San Diego County Hazardous Waste Management Plan, and provide
the analyses specified for risk assessments in this section.
A.
After the filing of a notice of intent pursuant to Section 30.57.050, and prior to the filing of a conditional use permit application, the City, in consultation with other local and state regulatory agencies, shall notify the project proponent of technical and other information expected to be required for purposes of a project risk assessment. The required information shall be provided by the project applicant as part of a complete application.
B.
The
risk assessment shall be performed by consultant under contract to
the City or other regulatory agency, at the applicant's expense.
C.
The
risk assessment may be provided in the form of an initial risk assessment
and/or a full risk assessment, paralleling the CEQA process, as determined
appropriate by the City in consultation with other local and state
regulatory agencies.
D.
The
initial risk assessment will cover potential worst case and chronic
long-term impacts and may be used to determine the setback required
from existing and future residential development. The study will also
address the quantity and types of wastes that could be received or
processed at the facility, and include consideration of the design
features and planned operational practices at the facility.
(Ord. 2017-03)
A.
At
least 90 days before filing an application for a conditional use permit,
the applicant for a facility under this section shall file with the
Planning and Building Department, and the Office of Permit Assistance
in the State Office of Planning and Research a notice of intent to
make the application.
B.
The
notice of intent shall contain a complete description of the nature,
function and scope of the project.
Within 90 days after a notice of intent to file an application
for a conditional use permit is filed with the Planning and Building
Department and with the Office of Permit Assistance in the State Office
of Planning and Research, the Office of Permit Assistance is responsible
to, in cooperation with the Planning and Building Department, convene
a public meeting in the City of Encinitas to inform the public on
the nature, function and scope of the proposed project and the procedures
that are required for approving applications for the project.
A.
Within
90 days after a notice of intent to file an application for a conditional
use permit is filed with the Planning and Building Department and
with the Office of Permit Assistance in the State Office of Planning
and Research, the City Council shall appoint a seven-member local
assessment committee.
B.
The
membership of the local assessment committee shall be broadly constituted
to reflect the makeup of the City, and shall include three representatives
of the City at large, two representatives of environmental or public
interest groups and two representatives of affected businesses and
industries. Members of the committee shall have no direct financial
interest, as defined in Section 87103 of the California Government
Code, in the proposed project.
C.
The
local assessment committee shall, within the time period prescribed
by the City Council, do all of the following:
1.
Adopt
rules and procedures which are necessary to perform its duties.
2.
Represent
generally, in negotiations with the project applicant, the interest
of the residents of the City of Encinitas and the interests of adjacent
communities.
3.
Negotiate
with the project applicant on the detailed terms, provisions, and
conditions for project approval which would protect the public health,
safety, and welfare and the environment of the City of Encinitas and
adjacent communities, and would promote the fiscal welfare of the
City of Encinitas through special benefits and compensation.
4.
Receive
and expend, subject to the approval of the City Manager and authorization
of the City Council, any technical assistance grants made available
by the Office of Permit Assistance in the State Office of Planning
and Research to enable the local assessment committee to hire an independent
consultant to assist the committee in reviewing the project and negotiating
terms, provisions, and conditions with the applicant.
5.
Advise
the Planning and Building Department, Planning Commission, and City
Council of the terms, provisions, and conditions for project approval
which have been agreed upon by the committee and the applicant, and
of any additional information which the committee deems appropriate.
The Planning and Building Department, Planning Commission, and City
Council may use this advice for their independent consideration of
the project.
D.
The
City shall provide staff resources to assist the local assessment
committee in performing its duties.
E.
The
local assessment committee shall cease to exist after final administrative
action by state and local agencies have been taken on the permit applications
for the project for which the committee was convened.
(Ord. 96-07)
A.
The
Planning and Building Department shall notify the Office of Permit
Assistance in the State Office of Planning and Research within 10
days after an application for a conditional use permit is accepted
as complete by the Planning and Building Department.
B.
Within
60 days after receiving this notice, the Office of Permit Assistance
in the State Office of Planning and Research is responsible to convene
a meeting in the City of Encinitas of the lead agency and responsible
agencies for the project, the 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. The Planning and Building
Department shall provide notice to the public of the date, time, and
place of the meeting.
A.
Following the meeting required by Section 30.57.080, the local assessment committee and the applicant shall meet and confer on the project proposal for the purpose of establishing the terms, provisions, and conditions under which the project would be acceptable to the community.
B.
If
the local assessment committee and the applicant cannot resolve any
differences through the meetings, the Office of Permit Assistance
in the State Office of Planning and Research may assist pursuant to
Section 25199.4 of the California Health and Safety Code.
A.
Pursuant
to Section 25199.7(g) of the California Health and Safety Code, the
applicant shall pay a fee equal to the cost of any technical assistance
grant provided the local assessment committee under paragraph one
of that section. The City shall deposit the fee in an account, maintain
records of all expenditures from the account, and return any unused
funds and accrued interest to the project proponent upon completion
of the review of the proposed hazardous waste facility project.
B.
If
the local assessment committee and the proponent cannot resolve any
differences through the meetings, the Office of Permit Assistance
in the State Office of Planning and Research may assist in this resolution
pursuant to Section 25199.4 of the California Health and Safety Code.
A.
At
the request of the applicant, the City Council shall, within 60 days
after the Planning and Building Department has determined that an
application for a conditional use permit is complete and after a noticed
public hearing, issue an initial written determination on whether
the proposed project is consistent with both of the following:
1.
The
General Plan and applicable community plan and zoning ordinances in
effect at the time the application was received.
2.
The
County Hazardous Waste Management Plan, authorized by Article 3.5
(commencing with Section 25135) of the California Health and Safety
Code, if such plan is in effect at the time of the application.
B.
The Planning and Building Department shall send to the applicant a copy of the written determination made pursuant to subsection A of this section.
C.
The determination required by subsection A of this section does not prohibit the approval authority for the conditional use permit from making a different determination when the final decision to approve or deny the conditional use permit is made, if the final determination is based on information that was not considered at the time the initial determination was made.
The decision of the final City approval authority for a conditional use permit under this section regarding the approval, conditions of approval, or denial of a conditional use permit for a specified hazardous waste facility project shall be final unless appealed by the applicant or an interested person to the Governor of the State of California, or the Governor's designee, pursuant to Article 8.7 (commencing with Section 25199) to Chapter 6.5 of Division 20 of the California Health and Safety Code within 30 days after the date the final approval authority approves or denies the conditional use permit. (See Chapter 1.12.)
