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HomeMy WebLinkAbout1992-06-17; Planning Commission; Resolution 3408r a 0 e 1 2 3 4 5 6 7 a 9 10 PLANNING COMMISSION RESOLUTION NO. 3408 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAEUSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ZONE CODE AMENDMENTS TO AMEND CHAPTERS 21.04, 21.42, 21.30, 21.32, AND 21.34 OF THE CAEUSBAD MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF SPECIFIED HAZARDOUS WASTE FACILITIES. CASE NAME: CITY OF CARLSBAD CASE NO: ZCA 92-3 WHEREAS, the Planning Commission did on the 3rd day of June, 1992, an( on the 17th day of June, 1992, hold a duly noticed public hearing as prescribed by law tc consider said request; and 1 11 WHEREAS, at said public hearing, upon hearing and considering all testimon: 12 15 14 factors relating to the Zone Code Amendments. 13 and arguments, if any, of all persons desiring to be heard, said Commission considered a1 16 WHEREAS, Article 3.5 of Chapter 6.5 of Division 20 of the California Healtl and Safety Code authorizes local governments to develop comprehensive hazardous wastl 17 18 management plans (HWMP's); and WHEREAS, Section 25135.7(c) of the California Health and Safety Cod1 19 21 waste management plan has been approved, each city within the county must enac 20 1 states that, within 180 days after receiving written notification that the county hazardou appropriate ordinances to be consistent with the county hazardous waste managemen 22 plan; 23 24 ll NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pladng Co&ss;o 25 1 ~ as follows: 26 28 B) That based on the evidence presented at the public hearing, the Commissio 27 A) That the foregoing recitations are true and correct. recommends APPROVAL of ZCA 92-3, according to Exhibit "X", dated Jun 3, 1992, attached hereto and made a part hereof, based on the following finding! /I 0 e Findinns: 1 1. The Zone Code Amendments are consistent with the General Plan and all other 2 applicable regulations. 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 4 5 6 7 Commission of the City of Carlsbad, California, held on the 17th day of June, 1992, by the following vote, to wit: AYES: Vice-ChairpersonNoble, Commissioners: Schlehuber, Schramm, Welshons, Savary & Hall. a 9 10 11 12 13 14 NOES: None. ABSENT: Chairperson Erwin. ABSTAIN: None. ,ddyp7&,jj> BAILEY NOBLE ice-Chairperson CARLSBAD P ' NING COMMISSION 15 16 17 ATTEST: 18 19 1 Planning Director 20 21 22 23 24 25 26 27 28 PC RES0 NO 3408 2 II 0 0 ORDINANCE NO. 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 21.42, 21.30, 21.32, AND 21.34 TO PROVIDE FOR THE REGULATION OF HAZARDOUS WASTE FACILITIES. 2 CARLSBAD, CALIFORNIA, AMENDING CHAPTERS 21.04, 3 4 5 6 - CASE NO: ZCA 92-3 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.04 of the 711Carlsbad Municipal Code is amended by the addition of Sections 8 21.04.166, 21.04.167 and 21.04.307, to read as follows: 9 "21.04.166.a. Hazardous Waste. I1Hazardous wastell shall be defined by Chapter 6.5 of lo 11 Division 20 of the Health and Safety Code." Il21.04.167. Hazardous Waste Facilitv. A "hazardous waste facilitytg shall be defined by l2 13 Chapter 6.5 of Division 20 of the Health and Safety Code. U lv21.04.307. Specified Hazardous Waste Facility. l6 15 by Chapter 6.5 of Division 20 of the Health and Safety Code.18 l4 "Specified hazardous waste facilityll shall be defined ,facilities shall be processed in accordance with the requirements l9 in Chapter 21.04). Applications for specified hazardous waste "(H) Specified Hazardous Waste Facilities (as defined 18 21.42.010(6) (H) to read as follows: l7 Carlsbad Municipal Code is amended by the addition of Subsection // 27 Plan, 11 26 Criteria") of the San Diego County Hazardous Waste Management IX Section B ("Siting Requirementsug) and Appendix IX-A ("Siting 25 (iii) That the project is consistent with Chapter and, 24 Areas") of the San Diego County Hazardous Waste Management Plan; IX Section ' C ('IGeneral Areas") and Appendix IX-B ("General 23 (ii) That the project. is consistent with Chapter chapter for approval of a Conditional Use Permit can be made: 22 (i) That all of the findings required by this approved unless all of the following findings can be made: 21 permit for a specified hazardous waste facility shall not be Safety Code commencing with Section 25100. A conditional use 2o of this code and of Chapter 6.5 of Division 20 of the Health and SECTION 2: That Title 21, Chapter 21.42 of the 28 // /I a 0 1 SECTION 3: That Title 21, Chapter 21.30 of the 2 21.30.010(30) to read as follows: 3 Carlsbad Municipal Code is amended by the addition of Subsection - 4 5 Permit. 'I "(30) Specified Hazardous Waste Facilities (as defined in Chapter 21.04) . Subject to the approval of a Conditional Use 6 7 21.32.010(36) to read as .follows: 8 Carlsbad Municipal Code is amended by the addition of Subsection SECTION 4: That Title 21, Chapter 21.32 of the 9 I' (36) Specified Hazardous Waste Facilities (as defined in Chapter 21.04). Subject to the approval of a Conditional Use 1o 11 Permit. It in Chapter 21.04)." I* 2S.34.030(7) to read as follows: 13 Carlsbad Municipal Code is amended by the addition of Subsection 12 SECTION 5: That Title 21, Chapter 21.34 of the "(7) Specified Hazardous Waste Facilities (as defined l5 il EFFECTIVE DATE: This ordinance shall be effective 16 thirty days after its adoption, and the City Clerk shall certify l7 l8 to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its l9 I/adoption. I 20 21 the Carlsbad City Council on the day of INTRODUCED AND FIRST READ at a regular meeting of I I 22 1992, and thereafter 23 // 26 // 25 // 24 // 27 28 2 i1 +. . * e PASSED AND ADOPTED at a regular meeting of the City 1 Council of the City of Carlsbad on the day of I 2 3 4 1992, by the following vote, to wit: AYES : NOES : 2 3 4 1992, by the following vote, to wit: AYES : NOES : 5 11 ABSENT : 6 7 APPROVED AS TO FORM AND LEGALITY a RONALD R. BALL, Acting City Attorney 9 lo I1 CLAUDE A. LEWIS, Mayor I' 12 ATTEST : 15 14 ALETHA L. RAUTENKRANZ, City Clerk I.3 16 17 18 19 i 20 i I 21 .22 23 24 I 25 26 27 28 3