HomeMy WebLinkAboutORD FOR INTRODUCTION 04-07-86DA 4-7-86
Inter- Corn
APRIL 7, 1986 ~
~RDINANCES FOR INTRODUCTION
TO:
FROM:
SUBJECT:
HONORABLE HAYOR AND CI~/ COUNCIL
COMHUNITY DEVELOPMENT DEPARTNENT
CONTINUED CONSIDERATION OF ZONING ORDINANCE ~IENDIRENT NO. 85-8
PROHIBITION OF TOXIC HASTE TRANSFER STATIONS
DISCUSSION
Staff previously recommended to the Planning Commission and Commission has
recommended Council adoption of Ordinance No. 954 which would approve Zoning
Ordinance Amendment No. 85-8 effectively prohibiting the establishment of "toxic
waste transfer stations" in the City of Tustin.
Following discussion by Council as to whether an outright prohibition ia
warranted, the Chamber of Commerce Legislative Committee has considered the
proposed ordinance and recommends its denial. Specifically, the Chamber
believes the ordinance is not necessary since such transfer stations are not
permitted in the City Code. Should a transfer station be proposed, at that time
the issue can be addressed and regulated or denied as deemed appropriate. The
Chamber further believes the definition of a toxic waste transfer station is not
definitive and could prohibit such businesses as service stations from accepting
used motor oils which are eventually sold back to refineries for reprocessing.
Staff has previously indicated that no applications are pending for transfer
stations in our City. Zoning Ordinance Amendment No. B5-8 was merely proposed
as a house keeping item to implement perceived Council policy. At this time
Council should either reconsider the proposed ordinance with a new definition of
"transfer station" or simply receive and file the subject.
Ctty Council- Report
Aprtl 7, 1986
Page 1~o
Should Counctl wish to proceed and adopt an ordinance prohibiting toxic waste
tranfer stations, the following alternative definition Is offered for
consideration:'
"TOXIC WASTE TRANSFER STATION" - Shall mean any factllty where hazardous
wastes, in which no reuse is intended, are transferred from one vehicle to
another, or where hazardous or toxic wastes are stored or consolidated
before being transported elsewhere."
Attached is proposed Ordinance No. 954 as originally presented to the Commission
and Council.
Director of Community Development
DOL:pef
Attachment: Ordinance' 954
Corn munity Development Department
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ORDINANCE NO. 954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING ZONING ORDINANCE AMENDMENT
85-8 PROHIBITING llJE DEVELOPMENT AND/OR OPERATION OF
TOXIC WASTE TRANSFER STATIONS WITHIN THE cI'rY 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 Tusttn 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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0rdtnance 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."
Be
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 ~torage, 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
Tusttn held on the~day of , 1986.
Attest:
FRANK H. GREINKE,
Mayor
MARY E. WYNN,
City Clerk