HomeMy WebLinkAbout2001-06-26; City Council; 16250; Hazardous Material Inventory & Response PlansAB# b,%o
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DEPT. CA/Clerk
CITY OF CARLSBAD - AGENDA BILL
PUBLIC HEARING: ADOPTION OF ORDINANCE NS-586 AMENDING
CHAPTER 7.08 OF THE CARLSBAD MUNICIPAL CODE TO REFLECT
AMENDMENTS TO THE SAN DIEGO COUNTY CODE OF
REGULATORY ORDINANCES AND TO ADOPT, BY REFERENCE, REGULATIONS RELATED TO HAZARDOUS MATERIAL INVENTORY
AND RESPONSE PLANS
DEPT. HD.
CITY ATTY.
CITY MGR
RECOMMENDED ACTION:
To hold a public hearing and adopt Ordinance No. NS-592, amending Section 6.03.010 of
the Carlsbad Municipal Code to reflect revisions to the San Diego County Code of
Regulatory Ordinances, that pertain to hazardous waste.
ITEM EXPLANATION:
Ordinance No. NS-592 was introduced and first read, and a public hearing date set for June
26, 2001, at the City Council meeting held on June 12, 2001. The second reading allows
the City Council to adopt the ordinance, which would then become effective in thirty days.
The City Clerk will have the ordinance published within fifteen days, if adopted.
Carlsbad Municipal Code Section 6.03.010 adopts, by reference, those sections of Title 6,
Section 8 of the San Diego County Code of Regulatory Ordinances that pertain to
hazardous materials. Section 6.03.010 was last amended in 1983. Subsequent to the most
recent amendment of Section 6.03.010, the County amended sections of their code that
also have been adopted by the Carlsbad Municipal Code.
State hazardous materials laws authorize counties certified by the Secretary for
Environmental Protection as a Certified Unified Program Agency (CUPA) to regulate the
handling, transportation and storage of hazardous materials. The County currently serves
as the CUPA for this region. State law requires business plans for emergency response to
spills and the release of hazardous materials.
PAGE 2 OF AGENDA BILL NO. 1 k I 35O
To ensure uniformity among local hazardous materials laws, the County has requested that
cities in the County incorporate Title 6, Section 8, Chapters 11 and 12 into their respective
municipal codes. Currently, Chapter 12 is incorporated by reference by Carlsbad Municipal
Code Section 6.02.101. The attached ordinance reflects recent amendments to the County
Code of Regulatory Ordinances and incorporates, by reference, Title 6 Section 8, Chapter
11 related to hazardous materials and response plans into the Carlsbad Municipal Code.
FISCAL IMPACT:
None.
EXHIBITS:
1. Ordinance NS-592
2. Agenda Bill 16,226 is on file in the Clerk’s Office
This space is for the County Clerk’s Filing Stamp PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
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 the principal clerk
of the printer of
-r-s-- _ - : i ,< ‘I : ? rj ‘-‘I \fI : / ,
I\ IN 3 5
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have
been adjudged newspapers of general
circulation by the Superior Court of the County of
San Diego, State of California, for the cities of
Escondido, Oceanside, Carlsbad, Solana Beach
and San Diego County; that the notice of which
the annexed is a printed copy (set in type not
smaller than nonpareil), has been published in
each regular and entire issue of said newspaper
and not in any supplement thereof on the
following dates, to-wit:
June 16, 2001
Proof of Publication of
Notice of Public Hearing
ADOPTiON BY REFERENCE OF ; SAN;DIEGO COUNTY CODE .’ REGARDING HAZARDOUS MATERIAL- INVENTQRY ,AND
,- ’ RESPONSE ~ld@S
NOTICE, IS HER,EBY GIVEN that the City Council of the City of ,Carlsbad ,w~ll hold a public hearing at the CiQ Council C@rr@iS,..l200,,Carlsbad yittsge TWve, Carlsbad,Caf&xnia, ‘at 6.W.P.m,tion Tisd& $une 26, $O@, to con#der amending !%ction 6.03010 of the CarlsbWMuhicipai%ode, to reflect
amendments, to the San Diego County Code of Regulatory Crdinances’~ related to hazardous material inventorv and
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
San Marco6 Dated at , California
18th
this June, 2001 day
of
_.. .- response ptans, and to adopt; by reference, Title 6, Sec$on 8, Chapters 11 and 12.
,&pies of ‘the proposed City Oidinance (NS.-592) and associated @WI Diego County Code amendments (Title 6, Section 6,,Ch$+pters 4l.and 12) are on file in the’CityCferk’s ~,%@g’,&&bq&Village Drive, Carlsbad, California; and are ,~:rtg.,puMIc”inspection from 8:OO a.m., to ‘5:OO p.m., Mom&y thiough~friday. ’ \ ,’ :, ) ,:: ‘(
,if you dhallen$ the proposed city btdinande: &bl& associated Sq-~.Diego County Code amendments in co.urt, you may bf3-7iift$d ‘jo, .ral&g chly tbhe i&es iaised ti jiim or ,&on++ ek%e.?t the public hdiaringxt&ribed.in this notice, or in wriflW~Of~espqndce Uefiv&W .&the City & Carl&ad City Clerk’s @ffce I& or’prior to:-&e gublfc hearing. .,
APWCAW: City of Carlsbad ’ teaal 70321. June 16,200l
Signature
NORTH COUNTY TIMES
Leaal Advertisina
1 ORDINANCE NO. NS-5g2
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING, IN ITS ENTIRETY,
SECTION 6.03.010 OF THE CARLSBAD MUNICIPAL CODE TO
REFLECT AMENDMENTS TO THE SAN DIEGO COUNTY CODE
OF REGULATORY ORDINANCES AND TO ADOPT, BY
REFERENCE, REGULATIONS RELATED TO HAZARDOUS
MATERIAL INVENTORY AND RESPONSE PLANS
The City Council of the City of Carlsbad, California does
ordain as follows: 8
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WHEREAS, Section 6.03.010 of the Carlsbad Municipal Code adopts, by
reference, specific sections of the San Diego County Code of Regulatory ordinances
that pertain to hazardous waste; and
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WHEREAS, subsequent to the adoption of Section 6.03.010, the County
of San Diego amended specific sections of their Code of Regulatory Ordinances that
have been adopted by the Carlsbad Municipal Code; and
WHEREAS, State hazardous materials laws authorize counties certified
by the Secretary for Environmental Protection as a Certified Unified Program Agency
(CUPA) to regulate the handling, transportation and storage of hazardous materials;
and
WHEREAS, the County of San Diego currently serves as the CUPA for
this region; and
WHEREAS, State law requires business plans for emergency response to
spills and releases of hazardous materials; and
WHEREAS, to ensure uniformity among local hazardous materials laws,
the County of San Diego has requested that the City of Carlsbad incorporate Title 6,
Ordinance No. Ns-592 page 1 of 3
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Section 8 Chapter II related to Hazardous Materials and Response Plans into the
Municipal Code.
WHEREAS, the City Council of the City of Carlsbad desires to amend
Section 6.03.010 to reflect amendments to the San Diego County Code of Regulatory
~ Ordinances and to adopt regulations related to hazardous material inventory and
response plans.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Carlsbad, California, as follows:
SECTION 1: That the above recitations are true and correct.
SECTION 2: That existing Section 6.03.010 of the Carlsbad Municipal
Code is repealed.
SECTION 3: That Title 6, Section 6.03 of the Carlsbad Municipal Code is
amended in its entirety by the addition of Section 6.03.010 to read as follows:
“6.03.010 Adopted bv reference.
Chapters 9 and 11 of Division 8 of Title 6 of the San Diego
Code of Regulatory Ordinances, as amended, relating to hazardous
materials are adopted by reference as part of this code; except that,
wherever the provisions incorporated refer to a county board, territory,
area, agency, official, employee, or otherwise it means the corresponding
city board, territory, area, agency, official or employee and if there is no
such corresponding city entity it means the county entity acting in that
capacity on behalf of the city.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
Ordinance No. NS-592 page 2 of 3
1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
2 City Council on the 12th day of June ,2001, and thereafter
3 PASSED AND ADOPTED at a regular meeting of the City Council of the
4 City of Carlsbad on the 26th day Of June , 2001, by the following vote, to
5 wit:
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AYES: 7 Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall.
8 NOES: None.
9 ABSENT: None.
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APPROVED AS TO FORM AND LEGALITY
RONALD R.
ATTEST: -
LORR/AINE M. WOOD, City Clerk
. (SEAL)
Ordinance No. Ns-592 page 3 of 3
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