Encinitas City Zoning Code
CHAPTER 30
57 CONDITIONAL USE PERMITS FOR HAZARDOUS WASTE FACILITIES
§ 30.57.010 Applicability.
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)
§ 30.57.020 Definitions.
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.
§ 30.57.030 Siting Criteria.
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)
§ 30.57.040 Risk Assessment.
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)
§ 30.57.050 Notice of Intent to Apply.
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.
§ 30.57.060 Public Meeting.
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.
§ 30.57.070 Local Assessment Committee.
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)
§ 30.57.080 Notice of Permit Application.
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.
§ 30.57.090 Negotiation Process.
§ 30.57.100 Consultant and Mediation Fees.
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.
§ 30.57.110 Initial Consistency Determination.
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.
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.
§ 30.57.120 Appeal of City Council Decision.
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.)