HomeMy WebLinkAboutPH 1 TOXIC WASTE 02-03-86DATE: FEBRUARY 3, 1986
PUBLIC NEARING
NO. 1
2-3-86
Inter- Corn
TO:
FROM:
SU BJ ECT:
HONORABLE MAYOR AND CITY COUNCIL
CO.UNITY DEVELOPMENT DEPARTMENT
REGULATION OF TOXIC NASTE TRANSFER STATIONS
RECOI~ENDED ACTION:
It is recommended that the City Council approve Zoning Ordinance 85-8
prohibiting toxic waste transfer stations by the adoption of Ordinance No.
954.
M.O.: First reading by title only.
M.O.: Ordinance No. 954 be introduced.
BACKGROUNO:
Upon direction of the Planning Commission, staff reviewed the possibility
of prohibiting toxic waste transfer stations from being contructed within
the city limits. Accordingly, the matter was reviewed with the city
attorney's office and it was determined that the city could 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.
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.
However, on December 16, 1985~ after Council discussion the subject matter
was continued to this meeting. At issue was whether or not the city should
impose an outright prohibition of toxic waste transfer stations, or any
other objectionable uses for that matter.
Toxic Waste Transfer Stations
February 3, 1986
page two
ANALYSIS:
Essentially there are three ways in which a city can regulate land use.
The most traditional method of regulation is by establishing lists of
permitted uses within particular zone districts. Only uses specifically
listed are allowed within each district. In an instance where an applicant
proposes an' unlisted use, the burden of proof is upon the applicant to
demonstrate that a proposed .use is consistent and compatible with other
uses in the zone. Under these circumstances the city is not obligated to
amend zoning regulations, effectively prohibiting unlisted uses.
A second method by which the city can regulate land use is through the
conditional use ~ermit process. In this manner certain uses, that by their
nature, have potential adverse impacts on the community can be reviewed on
a case by case basis. Applications can be approved or denied based upon
specific findings of the Planning Commission. Unfortunately, however, the
implecation often inferred by applicants in the use permit process is that
as long as reasonable conditions of approval can be met, the use permit
should be approved. A disadvantage of requiring use permits for obviously
objectionable uses (e.g. toxic waste transfer stations) is that repeated
denial of such uses may subject the city to litigation alleging arbitrary
or prejudicial decisions. On the other hand, such discretionary actions
trigger environmental review processes under the California Environmental
Quality Act. For projects that demonstrate potential for significant
impacts to the environment, an Environmental Impact Report must be prepared
and certified prior to any project approval.
A third way in which a particular land use can be regulated is to
specifically prohibit such a use based upon findings and justifications
adopted by the Planning Commission/City Council. In the City Attorney's
opinion, this is an appropriate manner to control objectionable uses.
However, by establishing a list of permitted uses and a list of prohibited
uses, the process by which unlisted uses are to be handled is clouded. In
other words, to be logically consistent, all possible uses should be in
some manner identified by one list or the other. However, from a practical
standpoint, the standard clause in each zoning district qualifying that
other "uses which in the Planning Commission are similar will be allowed"
somewhat reduces the potential for inconsistency.
Community Development Department
Toxic Waste Transfer Stations
February 3, 1986
page three
DISCUSSION AND CONCLUSION:
In reviewing each of the three alternatives discussed in this report, staff
is recommending adoption of Zoning Ordinance Amendment 85-8 prohibiting
toxic waste transfer stations as the strongest statement the city can make
restricting such uses within the city. However, if the Council does not
wish to set precedent establishing a list of prohibited uses, it would then
be recommended that the city continue to regulate land uses by maintaining
a listing of permitted uses within particular zone districts. If certain
uses are not listed, then they are not allowed. To carry this process out
one step further, staff feels that a formal finding by the Planning
Commission stating that at this time toxic waste transfer stations are not
considered permitted uses would be in order.
Either method will preclude toxic waste transfer stations from being
constructed within the city under zoning regulations, yet as mentioned the
outright prohibition is the most direct and perhaps more effective of the
two.
Planner
JSD:em
Attach: Ordinance No. 954
Community Development Department
8
9
10
11
12
13
14
15
16
17
18
19
20
21
23
25
27.
28
ORDINANCE NO. 954
AN ORDINANCE OF 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.
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.
Eo
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.
1
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
28
Ordinance No. 954
page two
II. 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."
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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the day of , 1986.
Attest:
FRANK H. GREINKE,
Mayor
MARY E. WYNN,
City Clerk