Loading...
HomeMy WebLinkAboutORD 1070 (1991) 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. 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 Ordinance No. 1070 Page 2 · F. That on May 6,'. 1991, the Tustin City Council adopted. Resolution No. 91-65, approving.amendments to the. f=Orange '=County Hazardous Waste .Management Plan; and~ ~ ... G. Urgency Ordinance No. i045 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 ~o 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· 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 zQning regulations-for the siting of .n~a~dOus waste f~cilities. 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. ~HARLES PUCKETT Mayor '~Y~ E I~YNN~~' Cit~EC~rk 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: Puckett, Pontious, Edgar, Ports, Prescott COUNCILPERSONS NOES: None COUNCILPERSONS ABSTAINED: None COUNCILPERSONS ABSENT: None PUBLISH TUSTIN NEWS: 6-13-91