HomeMy WebLinkAboutORD FOR ADOP 2 06-03-91,A, r, F N n A
ORDINANCE FOR ADOPTION NO.2
6-3-91
Inter - Com
ATE: JUNE 31 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ORDINANCE NO. 1070 - HAZARDOUS WASTE MANAGEMENT' "PLAN
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1070
(roll call vote).
BACKGROUND:
The following Ordinance No. 1070 had first reading and introduction
at the May 20, 1991 City Council meeting:
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
Valerie Whiteman
Chief Deputy City Clerk
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ORDINANCE NO. 1070
AN ORDINANCE OF.THE'CITY. COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIAI.AMENDING URGENCY ORDINANCE NO.
104.5 .REGARDING :.C.ITY=AIDE 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
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Ordinance No. 1070
Page 2
F. That on May 6, 1991, the Tustin. City Council
adopted Resolution No. 91-65, approving_ amendments
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to the ..Orange -County Hazardous Waste Management
Plan; and
G. Urgency Ordinance No. 1045. 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 to 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.
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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 inter-im zoning regulations. for the
siting of hazardous waste facilities. 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.
CHARLES PUCKETT
Mayor
MARY E. WYNN
City Clerk
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 ho-reby 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:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
MARY E. WYNN, City Clerk