The URL can be used to link to this page

Home My WebLink About1992-07-21; City Council; 11801; County Hazardous Waste Management PlanCITY “F CARLSBAD - AGEND/-31LL AB # II; @o/ TITLE: MTG. 7/U/92 DEPT. PLN SAN DIEGO COUNTY HAZARDOUS WASTE MANAGEMENT PLAN (HWMP) (ZCA 92-3) RECOMMENDED ACTION: If the City Council concurs, both the staff and the Planning Commission are recommending that the City Council ADOPT City Council Resolution No. 92-233 APPROVING the Negative Declaration and INTRODUCE Ordinance No. fis-208 APPROVING the proposed zone code amendment to establish regulations concerning hazardous waste management. ITEM EXPLANATION The attached ordinance was prepared pursuant to State legislative requirements. This ordinance amends Title 21 to establish the requirement for a CUP for "specified hazardous waste facilitiesl@ (i.e., offsite, multi-userhazardouswaste facilities) andprovides that such uses might be allowed by CUP in the industrial zones. Such facilities would be required to be consistentwiththe General Plan, all applicable zoning regulations, and the San Diego County Hazardous Waste Management Plan (HWMP) and to satisfy all other requirements for CUP uses. CEQA review. Such projects would also be subject to A hazardous waste is, generally, any substance which no longer has a potential use and is potentially damaging to human health or the environment. Because of this potential damage, the State of California in 1986 directed the development of County HWMPls. The San Diego County HWMP was prepared by a 31-member advisory committee appointed by the Board of Supervisors to work with the County Department of Health Services Association of Governments (SANDAG). (DOHS) and the San Diego The resulting County HWMPhas been approved by the State DOHS and now must be implemented by the County and all of the region's incorporated cities. On January 6, 1992, the City was notified that the County HWMP had been approved by the State. State law requires that, within 180 days of the State's approval of the County HWMP, the County and incorporated cities must adopt and implement the Plan. Attached is a summary of the County HWMP policies which must be implemented by the City. This ordinance satisfies Policies IX-A, IX-B, and IX-D (pages I - 29 and I - 30) in the summary table). FISCAL IMPACT State law establishes processing procedures for specified hazardous waste facilities including noticing requirements and the creation of an advisory committee for review of project proposals. The costs of these requirements are to be defrayed by fees charged to the applicant. EXHIBITS 1. City Council Resolution No. W-a33 2. City Council Ordinance No. ns- am 3. Excerpt from Planning Commission minutes, dated June 17, 1992. 4. Summary of Goals, Policies and Implementation Strategies for the San Diego County Hazardous Waste Management Plan RESOLUTION NO. 92-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO AMEND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, CHAPTERS 21.04, 21.42, 21.30, 21.32, AND 21.34 TO PROVIDE FOR THE REGULATION OF SPECIFIED HAZARDOUS WASTE FACILITIES. CASE NAME: CITY OF CARLSBAD CASE NO: ZCA 92-3 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on June 17, 1992, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration: and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Commission Resolution No. 3407, on file with the City Clerk and incorporated herein by reference constitute the findings of the City Council in this matter and that the Negative Declaration is hereby approved. - 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 City Council of the City of Carlsbad, California, on the 3 21st d&y of JULY I 1992, by the following vote, to 4 II wit: 5 AYES: Council Members Lewis, Kulchin, Nygaard 6 NOES: None 7 0 ABSENT: Council Members L 9 10 11 ATTEST: /I 14// (SEAL) 15 16 17 18 /I 26 27 28 -2- ORDINANCE NO. NS-208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTERS 21.04, 21.42, 21.30, 21.32, AND 21.34 TO PROVIDE FOR THE REGULATION OF HAZARDOUS WASTE FACILITIES. CASE NO: ZCA 92-3 4 5 The City Council of the City of Carlsbad, California, does ordain as follows: 6 SECTION 1: That Title 21, Chapter 21.04 of the 7 Carlsbad 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. 10 "Hazardous waste" shall be defined by Chapter 6.5 of Division 20 of the Health and Safety Code." 11 "21.04.167. Hazardous Waste Facility. 12 A "hazardous waste facility" shall be defined by Chapter 6.5 of Division 20 of the Health and Safety Code." 13 "21.04.307. Specified Hazardous Waste Facility. 14 "Specified hazardous waste facility" shall be defined by Chapter 6.5 of Division 20 of the Health and Safety Code." 15 II SECTION 2: That Title 21, Chapter 21.42 of the 16 Carlsbad Municipal Code is amended by the addition of Subsection 17 21.42.010(6)(H) to read as follows: 18 "(H) Specified Hazardous Waste Facilities (as defined ' 19 in Chapter 21.04). Applications for specified hazardous waste facilities shall be processed in accordance with the requirements 20 of this code and of Chapter 6.5 of Division 20 of the Health and Safety Code commencing with Section 25100. A conditional use 21 permit for a specified hazardous waste facility shall not be approved unless all of the following findings can be made: 22 (0 That all of the findings required by this chapter for approval of a Conditional Use Permit can be made; 23 (ii) That the project is consistent with Chapter IX Section C ("General Areas") and Appendix IX-B ("General 24 Areas") of the San Diego County Hazardous Waste Management Plan; and, 25 (iii) That the project is consistent with Chapter IX Section B ("Siting Requirements") and Appendix IX-A ("Siting Criteria") of the San Diego County Hazardous Waste Management 26 Plan." 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 26 27 28 - SECTION 3: That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is amended by the addition of Subsection !1.30.010(30) to read as follows: "(30) Specified Hazardous Waste Facilities (as defined in Chapter 21.04). Subject to the approval of a Conditional Use ?ermit." SECTION 4: That Title 21, Chapter 21.32 of the 3arlsbad Municipal Code is amended by the addition of Subsection !1.32.010(36) to read as follows: "(36) Specified Hazardous Waste Facilities (as defined in Chapter 21.04). Subject to the approval of a Conditional Use ?ermit.'l SECTION 5: That Title 21, Chapter 21.34 of the Zarlsbad Municipal Code is amended by the addition of Subsection !1.34.030(7) to read as follows: "(7) Specified Hazardous Waste Facilities (as defined in Chapter 21.04)." EFFECTIVE DATE: This ordinance shall be effective :hirty days after its adoption, and the City Clerk shall certify I :o the adoption of this ordinance and cause it to be published at Least once in the Carlsbad Journal.within fifteen days after its Idoption. INTRODUCED AND FIRST READ at a regular meeting of :he Carlsbad City Council on the 21st day of JULY I L992, and thereafter I/ I/ I/ '/ 2 . PASSED AND ADOPTED at a regular meeting of the City 1 Council of the City of Carlsbad on the day of I 2 199'2, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 APPROVED AS TO FORM AND LEGALITY 7 8 RONALD R. BALL, Acting City Attorney 9 10 CLAUDE A. LEWIS, Mayor 11 ATTEST: 12 13 ALETHA L. RAUTENKRANZ, City Clerk 14 15 16 17 18 19 20 21 22 23 24 ' 25 26 27 28 3 MINUTES . . DRAFT June 17. 1992 PLANNING COMXISSION Page 2 COMMISSIONERS \;1 Motion was duly made. seconded. and carried to continue CUP 8B-21(h)/SUP 89-5(A) to July 1. 1992. 2) ZCA 92-3 - CITY OF CARLSBAD - SPECIFIED HAZ.iRDOUS WASTE F.ACLLITIES - Amendments to Chapters 21.04 (Definitions), 21.42 (Conditional Eses). 21.30 (C-Y Zone) , 21.32 (Y Zone). and 21.34 (P-M Zone) of the Carlsbad ?iunicipal Code to provide for the regulation of specified hazardous waste facilities. Elaine Slackburn, Associate Planner, reviewed the background of the request and stated that a hazardous waste is generally defined as any substance which no longer has a potential use and is potentially damaging to human health or the environment. Because of this potential damage, the State of California has directed the development of a comprehensive hazardous waste management program. These zone code amendments would amend existing sections of the Code to allow for the regulation of specified hazardous waste facilities pursuant to State legislation. Staff recommends aaproval. Commissioner Welshons inquired about the City’s existing route for the transportation of hazardous waste. Ms. Blackburn replied that there is no special route but that it generally follows the route of truck traffic. Commissioner Welshons inquired who oversees the inspections for hazardous waste disposal. Ms. Blackburn replied that State and County permit_s are required. The proposed ordinance will not affect the inspection system. Commissioner Welshons inquired if there is a list of hazardous waste producers and where the list is maintained. Ms. Blackburn replied that a list of producers is maintained by the County Department of Hazardous Waste. When an applicant files for a Carlsbad business license, the licensing request form inquires if hazardous waste will be generated which, then, triggers an inspection by the Fire Department. State laws regulate how hazardous waste records must be maintained. Vi-ee Chairman Noble opened the public testimony and issued the invitation to speak. There being no persons desiring to address the Commission on this topic, Vice Chairman Noble declared the public testimony closed and opened the item for discussion among the Commission members. Motion was duly made, seconded, and carried to adopt Resolution No. 3407 reconnnending approval of the Negative Declaration issued by the Planning Director, and adopt Planning Commission Resolution No. 3408, recommending approval of ZCA 92-3. based on the findings contained herein. WNGS : 3) SDP 92-4 - Hall ++o-bTr Savary Schlehuber Schramm Welshons Hal Noble Savary Schlehuber Schramm Welshons . 1 I- . .I $Z ‘S he $3 pi 2Q” B .c 0s a IL c 9 zz- = cw u. I - 23 .I -1 . . . . . I s I I - 24 -. *- - t i ‘, I .- . - s . 1 w -- r 1 z I I, L) # -1 c .. L 1 c I I - -u ] l ‘, ” . . i 2 s . . : : ‘ t i *. : t I z 1 I I. .I a < 7 : : ‘ i i T - 25 ; i i 1. 1 ; ! J ; , i ; i c . 1 i : J . , I , I 1 . i I 1 i i e 1 j a fi; iE’ 1’ *r w: d’ t 6 I Y )- I! IL 1 c . I - 26 Q .- $3; ifr Q .L L(nVrr Z’S := Q *- Y 0 *emu ; 00 b+ fv 8 .L 2 ” - 2 .3 (UQ I - 27 . l I . . . z E 3 E E 3 B E t H ; Y z L f .C i : 1 SC i : G 5 .L : l I z 1 I .L .: i ” ;i d 7 ! i c n .: ” i : m- s .c !ii . . . IS ; CO 8”s h2Z ..:c. @{gq TX-h .- $?.F f5 (d .- a 'i5* py 1 i-w v s a v 5 a- 1 0-e -NN Q a”- ; z ,:.9: *-00 ‘jij ” I t%% LZEE JSjZ , I . . . - . a - w - a - . E - 2 E g l 5 * G Iu @J a % ‘; E g, tl - 8 2 1 4 a- L.5 Y - a .C Q-N, Y a a*- v)“ZO 1 7 d -a a- -1 a- v d I 1 NOTICE OF PUBLIC HEARING ZCA 92-3 PROVISIONS FOR REGULATION OF HAZARDOUS WASTE FACILITIES NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.M., on Tuesday, July 21, 1992, to consider approval of the addition of a new chapter to Title 21, (Chapter 21.106) and amendments to Chapters 21.42 (Conditional Uses), 21.30 (C-M Zone), 21.32 (M Zone) and 21.34 (P-M Zone) of the Carlsbad Municipal Code to provide for the regulation of hazardous waste facilities. If you have any questions regarding this matter, please call Elaine Blackburn in the Planning Department, at 438-1161, ext. 4471. If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at or prior to the public hearing. APPLICANT: City of Carlsbad PUBLISH: July 9, 1992 CARLSBAD CITY COUNCIL Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of 1ocaI news and intelIigence of a genera1 character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and whichnewspaper has been established, printed and published at regular intervals in the said Citv of Oceanside, County of San Diego, State of California, for a period exceeding one year next . .- - NbTiCE 0~ $oBLIC HEA=R~~G ‘te of publication of the referred to; and that the ZCA 92-3 le annexed is a printed DlYC’TTT -blished in each regular said newspaper and not I t thereof on the follow- I”““, Y” 1- --“-- --, (Chapter 21.106) and amendments to Chapters 21.42 (Conditional Uses), 21.30 (C-M Zone), 21.32 (M Zone) and 21.34 (P-M Zone) of the Carlsbad Municipal Code to provide for the regulation of hazardous waste facili- ties. If you have any questions regarding this matter, please call Elaine Blackburn in the Planning Department, at 438-1161, ext. 4471. ’ Ifyou challenge the Zone Code Amendment in court, you may be li*mited to raising only those issues raised by you or someone else at the public -hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at or prior to thepublic hearing. Applicant: City of Carlsbad CARLSBAD CITY COUNCIL *, CJ 302% July 9,1992 - L la Jty of perjury that the tin td correct. Executed at 0 f San Diego, State of the 9th V 1992 L Clerk of the Printer 19- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at .6:00 p.m. on Wednesday, June 3, 1992, to consider approval of an addition of a new chapter to Title 21 (Chapter 21.106) and amendments to Chapters 21.42 (Conditional Uses), 21.30 (C-M Zone), 21.32 (M Zone), and 21.34 (P-M Zone) of the Carlsbad Municipal Code to provide for the regulation of hazardous waste facilities. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after May 27, 1992. If you have any questions, please call Elaine Blackburn in the Planning Department at 438-l 161, ext. 4471. If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZCA 92-3 CASE NAME: CITY OF CARLSBAD-HAZARDOUS WASTE FACILITIES PUBLISH: MAY 21, 1992 CITY OF CARLSBAD PLANNING COMMISSION . (Form A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice ZCA 92-3 (SAN DIEGO COUNTY HAZARDOUS WASTF MANAGFMFNT PI AN - HWm> for a public hearing before the City Council. 9 Please notice the item for the council meeting of Thank you. MARTY ORENYAK Assistant City Manager 6175199 Date