HomeMy WebLinkAboutPH 2 HAZ WASTE PLAN 05-20-91a.,.
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PUBLIC HEARING N0. 2
5-20-91
Inter -Com
DATE: MAY 20, 1991 -
TO: WILLIAM HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: AMENDMENT OF URGENCY ORDINANCE NO. 1045 TO INCORPORATE THE
AMENDMENTS TO THE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN
RECOMMENDATION
It is recommended that Ordinance No. 1070 be introduced.
BACKGROUND
The Tanner Bill, approved by the Governor in 1986, required each
county to develop a State -approved Hazardous Waste Management Plan.
After final approval of the County Plan,• each city was then
required to enact an ordinance adopting or incorporating applicable
portions of the Plan. Because the State did not approve the Orange
County Hazardous Waste Management Plan (OCHWMP), staff had been
advised that it was imperative for the City's own legal protection
that hazardous waste siting be addressed as soon as possible.
Failure to have an ordinance in place would have limited the City's
ability to control the location and development standards related
to hazardous waste facilities.
On June 18, 1990, the Tustin City Council adopted Urgency Ordinance
No. 1045. This Ordinance requires that all hazardous waste
facilities obtain Conditional Use Permit approval, confines the
location of hazardous waste facilities to the siting criteria
established by the County Plan and limits hazardous waste
facilities to the Industrial (M) and Planned Community Industrial
(PC -I) Districts. The Urgency Ordinance was adopted to provide a
temporary procedure and regulations for the siting of hazardous
waste facilities pending the completion of the City's General Plan
and zoning code amendments which will incorporate the f inal State -
approved Hazardous Waste Management Plan. Because such amendments
require extensive staff time to prepare, and due to the fact that
the County's Plan had not yet received final approval from the
State, Council extended the term of Urgency Ordinance No. 1045
until June 18, 1992.
Recently, due to State rejection of the original Orange County
Hazardous Waste Management Plan, cities were requested by the
County to approve a number of Plan modifications. State acceptance
of the County's amendments required endorsement by 50 percent of
City Council Report
Amendment of Urgency Ordinance No. 1045
May 20, 1991
Page 2
the cities within the County. On May 6, 1991, the Tustin City
Council approved the amendments to the orange County Hazardous
Waste Management Plan.
Although the amendments are minor and impact the County of Orange
more than the City of Tustin, it is important to maintain
consistency between the Plan and Urgency Ordinance No. 1045.
Therefore, staff is now recommending the same language changes to
Ordinance No. 1045 to reflect County amendments to the Plan.
The .proposed Urgency Ordinance amendment is exempt from the
requirements of the California Environmental Quality Act pursuant
to Section 15308 and no further environmental review is required.
A public hearing notice identifying the time, date and location of
the public hearing for the subject Urgency Ordinance was published
May 9, 1991 in the Tustin News. Notice of the hearing was posted
at the Police Department and City Hall on May 9, 1991.
ANALYSIS
Most of the amendments to the Orange County Hazardous Waste
Management Plan do not affect Urgency Ordinance No. 1045 (the City
of Tustin hazardous waste siting policy) because they either are
directed at clarifying the County's responsibilities, are specific
to the exact language of the Plan, or are intended for informative
purposes. After careful review of Urgency Ordinance No. 1045,
staff has identified only two (2) sections which should be amended
to maintain consistency with the Orange County Hazardous Waste
Management Plan. The changes are shown in bold print below: .
1. 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 meters in certain clays.
2. Section 5.01 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
City Council Report
Amendment of Urgency Ordinance No. 1045
May 20, 1991
Page 3
failure due to settlement, compression, or uplift as
certified by a California Registered Civil Engineering
Geologist.
CONCLUSION
Staff has analyzed the proposed amendments to the Orange County
Hazardous Waste Management Plan and determined that Urgency
Ordinance No. 1045 should be amended to maintain consistency
between the two documents. Once the Plan is formally approved by
the State, City staff will proceed with General Plan and zoning
code amendments which will formalize hazardous waste facilities
siting criteria. At this time, however, staff recommends that
Ordinance No. 1070 be introduced.
Scott Reekstin
Assistant Planner
Attachments: 1) Ordinance No. 1070
SR:kd\1045amd.ccr
OA
Christine Shingletpff
Assistant City Ma ger
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ORDINANCE NO. 1070
AN ORDINANCE OF.THE*CITY.COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA,'AMENDING URGENCY ORDINANCE NO.
104.5 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
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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
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. interim 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. 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:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
MARY E. WYNN, City Clerk