Escondido City Zoning Code
ARTICLE 30
HAZARDOUS CHEMICAL OVERLAY H-C-O ZONE
§ 33-660 Purpose.
The purpose of the hazardous chemical overlay (H-C-O) zone is to allow for the use of properties within the city for the manufacture and wholesale trade of hazardous drugs, chemical and allied products and for petroleum bulk stations, within a specified district as a principal permitted use.
(Zoning Code, Ch. 106, § 1066.11)
§ 33-661 Use in combination.
The H-C-O zone shall be used only in combination with the M-1, light industrial zone, and the M-2, general industrial zone.
(Zoning Code, Ch. 106, § 1066.20)
§ 33-662 Designation of zone.
Establishment of the H-C-O zone, in combination with a designated industrial zone, shall be designated on the official zoning map of the city by adding the designation "H-C-O" in parentheses as a suffix to the regular zone designation.
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(Zoning Code, Ch. 106, § 1066.30)
§ 33-663 Uses and structures.
The following uses and structures are allowed in any M-1 and M-2 zone designated as an H-C-O, hazardous chemical overlay district:
(a)
Chemicals and allied products, except the following:
(1)
Perfumes, cosmetics, and other toilet preparations;
(2)
Printing ink;
(3)
Explosives, including dynamite, nitroglycerin, fuses, etc.;
(4)
Battery acid;
(5)
Non-agricultural pesticides; and
(6)
Fireworks;
(b)
Drugs; and
(c)
Petroleum bulk stations and terminals.
(Zoning Code, Ch. 106, § 1066.40; Ord. No. 2018-20, § 7, 11-28-18)
§ 33-664 Hazardous materials regulations-Purpose.
The purpose of hazardous materials regulations is to insure that adequate safeguards are implemented prior to the operation of any use or project involving certain hazardous materials or substances which may present a threat to public health and safety.
(Zoning Code, Ch. 106, § 1066.61)
§ 33-665 Hazardous materials regulations-Disclosure.
Any existing or proposed use or project involving unstable material, highly toxic material or poisonous gas as defined by the Uniform Building Code, or acutely toxic materials, as defined in Section 25532 of the California Health and Safety Code, shall be disclosed to the fire chief and to the San Diego County Department of Health Services—Hazardous Materials Management Division, prior to the issuance or renewal of a business license, permit or certificate of occupancy.
(Zoning Code, Ch. 106, § 1066.70)
§ 33-666 Hazardous materials regulations-Approval required.
(a)
All permits required by law, including, but not limited to, those required by the San Diego County Department of Health Services—Hazardous Materials Management Division, shall be submitted to the fire chief with a description of the project.
(b)
After reviewing all required permits and descriptions, the fire chief shall either:
(1)
Approve the use applicable to the provisions of the permits issued and Uniform Building and Fire Codes as adopted by the city;
(2)
Refer the project and permits to the staff development committee for additional review and conditional approval; or
(3)
If it is determined by the fire chief that the use primarily involves research, experimentation, packaging, repackaging, processing or reprocessing the subject hazardous materials, the use or project shall be subject to approval of a conditional use permit by the planning commission.
(Zoning Code, Ch. 106, § 1066.80)
§ 33-667 Hazardous materials regulations-Appeal.
Any decision by the fire chief or staff development committee under the authority of section 33-666 of this article may be appealed to the building advisory appeals board under the provisions of municipal code Chapter 6, Article 2.
(Zoning Code, Ch. 106, § 1066.90)
§ 33-668 Off-site hazardous waste treatment and storage facilities.
Hazardous waste treatment and storage facilities can be established either as a separate facility, or serve as one component of a larger integrated complex, subject to the provisions and guidelines of the County of San Diego Hazardous Waste Management Plan (HWMP), as amended and adopted by the City of Escondido (Resolution No. 89-310). The following uses and structures are allowed in select M-2 zones designated as an H-C-O, Hazardous Chemical Overlay District, subject to approval of a conditional use permit (CUP):
(a)
Transfer station. A hazardous waste facility where hazardous wastes are loaded, unloaded, pumped or packaged for future transport and storage.
(b)
Storage facility. A permitted hazardous waste facility, for temporary storage of hazardous waste, which meets any of the requirements as listed in Appendix A of the Hazardous Waste Management Plan.
(c)
Treatment facility. A facility at which hazardous waste is subjected to treatment or where a resource is recovered from a hazardous waste.
(d)
Recycling facility. A facility which redirects or utilizes a hazardous waste or substance from a hazardous waste, and includes recovery or resources from a hazardous waste.
(e)
Solidification facility. A facility which uses a treatment process for limiting the solubility or detoxification of hazardous wastes by producing blocks of treated waste with high structural integrity.
(f)
Stabilization facility. A facility which uses a treatment process for limiting the solubility or detoxification of hazardous wastes by adding materials which ensure that hazardous constituents are maintained in their soluble and/or toxic form.
(g)
Incineration facility. A facility which employs a process for reducing the volume or toxicity of hazardous wastes by oxidation at high temperatures.
(Ord. No. 92-22, § 1, 6-10-92)
§ 33-669 Development standards.
Hazardous waste treatment and storage facilities are subject to the applicable criteria and standards of the M-2 zone and those criteria listed below. A city-appointed local assessment committee (LAC) may recommend modification of the standards upon approval by the planning commission, subject to findings that such modifications are reasonably necessary in order to implement the general intent of the Hazardous Waste Management Plan and this section. In case of a conflict, the more restrictive standards shall apply.
(a)
A risk assessment shall be prepared for all proposed facilities pursuant to the requirements of the Hazardous Waste Management Plan;
(b)
For facilities handling ignitable, volatile, or reactive waste, a minimum 2000 foot buffer zone shall be maintained around existing and future residential uses, unless a risk assessment analysis demonstrates that the public is adequately protected in the event of an accident. Hotels and motels shall be considered residential uses;
(c)
Facilities not handling ignitable, volatile, or reactive wastes shall comply with the underlying zoning setback requirements unless a greater distance is justified through the approval process;
(d)
Residual repositories and landfills are prohibited due to setback and siting constraints.
(Ord. No. 92-22, § 1, 6-10-92)
§ 33-669.1 Findings for approval of off-site hazardous waste projects in H-C-O zone.
Prior to approval of an off-site hazardous waste management facility, all of the following findings shall be made:
(a)
The location and design of a facility will not create a significant threat to life and property due to fire, explosion, water contamination, spill, emissions or other hazards;
(b)
That the proposed facility in itself, or in combination with other similar facilities, does not substantially exceed the city's and county's "fair share" for the type of treatment which such a facility would provide;
(c)
That the facility does not result in an over-concentration of facilities in a particular geographic area.
(Ord. No. 92-22, § 1, 6-10-92; Ord. 2025-01, 5/7/2025)
§ 33-669.2 Exemptions and exceptions.
(a)
The provisions of this ordinance do not apply to facilities which collect and temporarily store spent lubricating products from off-site sources (i.e., all automotive, marine and aviation crankcase oils, including gear lubes, transmission oils and hydraulic oils; all industrial oils except metal working oils that are chlorinated) where the collection, storage and transfer of such products are regulated by the County of San Diego Hazardous Materials Management Division or any other public agency. The collection, handling and temporary storage of off-site spent lubricating products shall be incidental to the primary operation of the facility;
(b)
Household hazardous waste and other hazardous waste community collection events are exempt from these provisions.
(Ord. No. 92-22, § 1, 6-10-92)
