HomeMy WebLinkAboutORD 1070 (1991) ORDINanCE NO. 1070
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING URGENCY ORDINANCE NO.
1045 REGARDING CITY WIDE INTERIM ZONING REGULATIONS
FOR THE SITING OF HAZARDOUS WASTE FACILITIES TO
INCORPORATE THE AMENDMENTS TO THE ORANGE COUNTY
HAZARDOUS WASTE MANAGEMENT PLAN.
The City Council of the City of Tustin DOES HEREBY ORDAIN as
follows:
I. The City Council finds and determines as follows:
A. Assembly Bill 2948 "Tanner Bill" adopted by the
California State Legislature in 1986 and modified
in 1989 by Assembly Bill 19201 requires local
jurisdictions to develop plans and policies for
regulating hazardous waste including the management
siting and planning for future handling, disposal
and treatment of hazardous waste; and
B. Should the City not develop a plan or have
appropriate policies, regulations, Ordinances and
procedures, the City will lose the ability to
regulate the siting of hazardous waste facilities
within Tustin, and the State of California will
retain the right to make hazardous waste facility
siting decisions and regulations for the City of
Tustin; and
C. In March 1989, the Tustin City Council adopted
Resolution No. 89-41 approving the Orange County
Hazardous Waste Management Plan. The City of
Tustin is in the process of adopting provisions of
the "Plan" into the City's General Plan and zoning
code so as to make siting criteria and standards
consistent with the Orange County Waste Management
Plan; and
D. That on June 18, 1990, the Tustin City Council
adopted Urgency Ordinance No. 1045, adopting City-
wide Interim zoning regulations for the siting of
hazardous waste facilities; and
E. That on July 16, 1990, the Tustin City Council
extended Urgency Ordinance No. 1045 for an
additional 22~months and 15 days to expire June 18,
1992; and
Ordinance No. 1070
Page 2
· F. That on May 6,'. 1991, the Tustin City Council
adopted. Resolution No. 91-65, approving.amendments
to the. f=Orange '=County Hazardous Waste .Management
Plan; and~ ~ ...
G. Urgency Ordinance No. i045 provides policies,
regulations, and procedures for the siting of
hazardous waste facilities. -Hazardous Waste
Facility issues will also be 'examined as part of
the General Plan Revision Program currently in
progress; and
H. It is important for Urgency Ordinance No. 1045 to
be consistent with the Orange County Hazardous
Waste Management Plan, as amended.
II. The Tustin City Council does hereby amend Urgency
Ordinance No. 1045 as follows:
A. The definition of "tension-saturated zone" is added
to Section 2.0 - Definitions, to read as follows:
"Tension-Saturated Zone" means the zone above the
groundwater interface where water completely fills
the pore space, and is held there by the
interaction of the size of the pore space and the
surface tension of water. The thickness of the
zone ranges from a few centimeters in sands to as
much as 30 centimeters in certain clays.
B. Section 5.0, number 12 is amended ~o read as
follows:
DEPTH TO GROUNDWATER. ReSiduals repositories and
facilities with subsurface storage and/or treatment
must be sited, designed, and operated to ensure
that hazardous materials will always be above the
tension-saturated zone. At all facilities, 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 California Registered Civil Engineering
Geologist.
III. Pursuant to the California Environmental Quality Act
("CEQA") and Article 18 of the State Guidelines, the
proposed project has been found to be exempt from the
requirements of CEQA, and therefore, no environmental
documents are required·
Ordinance No. 1070
Page 3
IV. .This Ordinance is an amendment of a City-wide Urgency
~ Ordinance, enacted pursuant to Government Code Section
'65858(b), amending. interim zQning regulations-for the
siting of .n~a~dOus waste f~cilities. The original
Urgency Ordinance provisions-were adopted pending the
completion of a study and.-report of the Planning
'Commission and Community Development Department and
action. by the City Council on General Plan and zoning
code amendments. Unless terminated sooner, the term of
the original Urgency Ordinance, as extended on July 16,
1990, and hereby amended is valid until June 18, 1992.
Passed and adopted at a regular meeting of the City Council
held on the 3rd day of June, 1991.
~HARLES PUCKETT
Mayor
'~Y~ E I~YNN~~'
Cit~EC~rk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1070
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing
Ordinance was duly and regularly introduced at a regular
meeting of the City Council held on the 20th day of May, 1991.
and passed and adopted at a regular meeting of the City
Council held on the 3rd day of June, 1991, by the following
vote:
COUNCILPERSONS AYES: Puckett, Pontious, Edgar, Ports, Prescott
COUNCILPERSONS NOES: None
COUNCILPERSONS ABSTAINED: None
COUNCILPERSONS ABSENT: None
PUBLISH TUSTIN NEWS: 6-13-91