The intent of the S-19 Health and Safety Protection Combining Zone is to promote the public health, safety and welfare by ensuring that activities which use hazardous material substances or store hazardous materials, hazardous waste, or explosives locate in appropriate locations and develop in such a manner as not to be a serious threat to the environment, or to public health, particularly to residents living adjacent to industrial areas where these materials are commonly used, produced or found.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A, 2008; Ord. 12875 § 2 (part), 2008)

For the purposes of this regulation, the following definitions apply:

A.

Hazardous Material. Hazardous material is defined as that which could exhibit one or more of the hazard characteristics defined in the California Fire Code (CFC), which generally means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment (H.S.C. § 25503.5a).

B.

Hazardous Waste. Hazardous waste is defined as any hazardous material whose intended original purpose is no longer applicable for its use, or a waste that meets federal or state criteria for ignitability, corrosivity, reactivity or toxicity, or is specifically listed by the federal or state law or regulations (40 C.F.R., part 240 et seq.).

C.

Explosives. Explosives are defined as chemicals that cause a sudden, almost instantaneous release of pressure, gas and heat when subjected to sudden shock, pressure, or high temperatures; or a material or chemical, other than a blasting agent, that is commonly used or intended to be used for the purpose of producing an explosive effect (29 C.F.R.).

(Ord. 12899 § 4, Exh. A, 2008; Ord. 12875 § 2 (part), 2008)

A.

The standards of the S-19 Combining Zone shall apply to the following zoning districts:

1.

Housing and Business Mix (HBX) Zones;

2.

D-CE-3 and D-CE-4 (Central Estuary District) Zones;

3.

CIX-1 (Commercial Industrial Mix-1) and D-DT-JLI (Downtown District Jack London Industrial) Zones;

4.

CIX-1A, CIX-1B, CIX-1C, and CIX-1D (West Oakland Plan Area Commercial Industrial Mix-1A, -1B, -1C, and -1D) Zones that are within the West Oakland District (defined for the purposes of this Chapter as all areas between Interstate 980 to the east, Interstate 880 to the south and west, and Interstate 580 to the north);

5.

CIX-2 (Commercial Industrial Mix-2), IG (General Industrial), and IO (Industrial Office) zoning districts that are within three hundred (300) feet from any Residential, Open Space, or Institutional Zone boundary.

B.

The standards of this combining zone shall apply to the following facility types:

1.

All new Nonresidential Facilities or Activities;

2.

Any Nonresidential Facility which has lost its legal non-conforming status;

3.

Any existing facility or activity where the usable floor area is expanded by more than twenty percent (20%) after the effective date of the adoption of this Chapter;

4.

Any alteration or expansion of a facility or activity, such that it requires a new Risk Management Plan or other Hazardous Materials Business Plan.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13168, § 5(Exh. A-2), 6-18-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A, 2008; Ord. 12875 § 2 (part), 2008)

The following land use activities are prohibited within the S-19 Health and Safety Protection Combining Zone:

A.

Electroplating;

B.

Hazardous Waste Management, Industrial/Transfer Storage; and Residuals Repositories;

C.

Activities which involve manufacturing, storing, or use of explosives.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A, 2008; Ord. 12875 § 2 (part), 2008)

The following additional regulations shall apply within the S-19 Health and Safety Protection Combining Zone:

A.

Storage and use of all hazardous materials and hazardous waste shall be reviewed and approved by the Fire Department prior to commencement of operation or any alteration of activity. A risk management plan may also be required, per the Certified Program Uniform Assistance (CUPA) Ordinance (O.M.C. Chapter 8.42).

B.

No storage or use of hazardous materials and waste can be located within three hundred (300) feet of a Residential, Institutional or Open Space Zone without written approval or consent of the Fire Department.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A, 2008; Ord. 12875 § 2 (part), 2008)

A.

The following regulations may be required by the Fire Department, City of Oakland:

1.

Process Hazard Analysis;

2.

Risk Management Plan;

3.

Local Hazardous Materials Business Plan.

B.

In addition, the Fire Department may establish any of the following limitations:

1.

Limitations on the location for storage or use of hazardous material;

2.

Containment measures for storage or use of hazardous materials;

3.

Limitations or prohibitions on the storage or use of specific hazardous materials; or specific processes that use or combine hazardous materials.

C.

The foregoing shall not prevent compliance with other requirements that may be imposed under other federal, state or local rules, statutes, codes or regulations.

(Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. 12899 § 4, Exh. A, 2008; Ord. 12875 § 2 (part), 2008)