HomeMy WebLinkAboutPH 4 ZONING ORD AMEND 12-16-85 PUBLIC HEARING
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Inter- Com
DATE: DECEMBER 16, 1985
TO:
FROM:
SU BJ ECT:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
COI~UNITY DEVELOPMENT DEPARTMENT
ZONING OROINANCE AMENDMENT NO. 85-8
PROHIBITION OF TOXIC WASTE TRANSFER STATIONS
RECOI~ENDED ACTION:
It is recommended that the City Council approve Zoning Ordinance Amendment 85-8
by the adoption of Ordinance No. 954.
M.O.: First reading by title only.
M.O.: Ordinance No. 954 be introduced.
BACEGROUNO:
Upon direction of the Planning Commission, staff has reviewed the possibility of
prohibiting toxic waste transfer stations from being constructed within the city
limits. Accordingly, the matter was reviewed with the city attorney's office
and it has been determined that the city can prohibit certain uses from being
allowed in the city.
On November 25, 1985, the Planning Commission adopted Resolution No. 2285
recommending that the City Council amend the municipal code to prohibit toxic
waste transfer stations within the city limits.
ANALYSIS:
Based upon the proximity of. the city's industrial zones 'to residential and other
-sensitive areas, the Planning Commission determined that toxic waste transfer
stations are incompatible with uses permitted in the city. Particularly when it
is considered that the majority of industrial uses in the city are "light
industrial" in nature.
CONCLUSIONS:
If the Council concurs with the Planning Commission's determination that toxic
waste transfer stations should not be permitted within the city limits, Zoning
Ordinance Amendment No. 85-8 should be approved by the adoption of Ordinance
No. 954.
e Planner
JD:em
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ORDINANCE NO. 954
AN ORDINANCE OV THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING ZONING ORDINANCE AMENDMENT
85-8 PROHIBITING THE DEVELOPMENT AND/OR OPERATION OF
TOXIC WASTE TRANSFER STATIONS WITHIN THE CITY LIMITS.
The City Council of the City of Tustin does hereby ordain as follows:
I. The City Council finds and determines as follows:
That upon direction of the Planning Commission, a public hearing
before the Planning Commission for the purpose of amending the
Tustin City Code to prohibit toxic waste transfer stations was
scheduled and held.
Be
That the Planning Commission determined, by the adoption of
Resolution No. 2285, that toxic waste transfer stations are not
compatible uses with other uses permitted within the city. The
Planning Commission thereby recommended to the City Council that
toxic waste transfer stations be prohibited.
That a public hearing before the Council for the purpose .of
amending the Tustin City Code to prohibit toxic waste transfer
stations was duly scheduled, noticed and held.
That the concentration, storage, processing and/or
transportation of hazardous and toxic wastes may pose acute and
chronic health hazards to individuals who live and work in the
City of Tustin if exposed to such substances as a result of
fires, spills, industrial or traffic accidents, or other types
of releases or emissions.
That toxic waste transfer stations concentrate the handling and
storage of toxic or hazardous wastes in a particular location
and cause an increase in the number of vehicles transporting
these wastes throughout the city.
That because of the proximity of all industrially zoned
properties to residential, school, and retail commercial zones,
the concentration and transportation of large quantities of
toxic or hazardous wastes associated with waste transfer
stations make such uses incompatible with other uses in the
city. Therefore, toxic waste transfer stations should be
prohibited within the city limits.
That a Negative Declaration of Environmental Impact has been
applied for in conformance with the California Environmental
Quality Act and is hereby approved.
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Ordinance No. 954
page two
II.
PASSED AND ADOPTED at a. regular meeting of the City Council
day of , 1985.
The City Council hereby-approves Zoning Ordinance Amendment 85-8
amending the Tustin City Code as follows:
A. That Section 9270 of the City Code be amended to add the
following:
"Section 9270(c) Prohibited Uses - All uses listed in this part,
and all matters directly related thereto are declared to be uses
possessing characteristics of such unique and special form as to
make them incompatible with any other use permitted in any zone
classification, and therefore are strictly prohibited.
1. Toxic waste transfer stations."
B. That Section 9297 of the Tustin City Code be amended to add the
following:
"Toxic waste transfer station shall mean any-location that is
used specifically for the storage, handling or preparation of
toxic or hazardous wastes for transfer or transport to permanent
disposal site.
Toxic or hazardous waste .means any that is identified in: 1)
Sections 25115 and 25117 of the California Health and Safety
Code and set forth in Sections 66680 and 66684 of Title 22 of
the California Administrative Code; or 2) The Code of Federal
Regulations, Title 40, Sections 261.31 - 261.33.
held on the
Attest:
FRANK H. GREINKE, Mayor
MARY WYNN, City Clerk