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HomeMy WebLinkAboutPlanning Comm Reports/1993/01/13 (2) Planning Commission Agenda Item for the Meeting of January 13, 1993 Page 1 1. PUBLIC HEARING: A. GPA-92-02 - Entertaining reconsideration of City- initiated amendments to the Public Facilities Element of the General Plan previously adopted in June 1992, which implement and supplement the approved County of San Diego Hazardous Waste Management Plan. (Continued from the meeting of December 16, 1992) B. GP A-92-02A - Consideration of additional City-initiated amendments to the Public Facilities Element of the General Plan refining portions of the June 1992 amendments, and re-stating the City's "fair share" concepts regarding hazardous waste facilities. (Continued from the meeting of December 16, 1992) C. PCA-92-02 - Consideration of City-initiated amendments to Title 19 of the Municipal Code to define hazardous waste facilities as conditional uses in the City's industrial zones, and to establish a specific review procedure for conditional use permit applications for such facilities consistent with State law. (Continued from the meeting of December 16, 1992) A BACKGROUND 1. On January 6, 1992, the City received written notification from the Board of Supervisors that the County of San Diego Hazardous Waste Management Plan (COHWMP) had been approved by the State Department of Toxic Substances Control. Pursuant to provisions of State law under which the COHWMP was prepared (AB 2948 (Tanner, 1986)), it was incumbent upon the City to take one of the following actions to establish local hazardous waste management provisions consistent with the COHWMP, in order to retain maximum local control over hazardous waste management issues, induding facility siting: incorporate the County plan, including any local refinements, by reference, into the City's General Plan, or adopt an ordinance implementing the County plan, or prepare our own Hazardous Waste Management Plan. Planning Commission Agenda Item for the Meeting of January 13, 1993 2. Staff elected the first option as providing the City appropriate control over local hazardous waste management planning. As the existing Public Facilities Element of the General Plan contained discussion and policies related to hazardous waste, revisions were made to those discussions to incorporate the COHWMP by reference, and to establish those more specific hazardous waste management provisions particular to Chula Vista, and designed to ensure public health and safety, and environmental protection. Page 2 3. On June 30, 1992, the City Council adopted Resolution No. 16794 approving the amendments to the Public Facilities Element of the City General Plan, incorporating the necessary provisions related to the management of hazardous waste and the siting and permitting of hazardous waste facilities within the City, consistent with the COHWMP and the requirements of State law. The Planning Commission unanimously recommended adoption to the City Council under Resolution GPA-92- 02 subsequent to a public hearing held June 24, 1992, and a continuation hearing held June 29,1992. Those amendments are attached for reference as Exhibit A 4. In order to implement the provisions of the amended Public Facilities Element, it is necessary to amend the City's Zoning Ordinance to establish appropriate conditional use permit review procedures for hazardous waste facilities, and staff was directed by the City Council to prepare such amendments for consideration by Resolution No. 16794. The proposed Zoning Ordinance amendments are attached as Exhibit C. 5. In the course of preparing the Zoning Ordinance amendments, staff found it necessary to make additional revisions to the Public Facilities Element to clarify certain aspects of the June 1992 amendments, particularly the City's hazardous waste facility "fair share" concepts. These additional amendments are attached as Exhibit B. 6. The Environmental Review Coordinator has determined that the both the additional proposed amendments to the Public Facilities Element (GPA-92-02A), and the proposed Zoning Ordinance amendments will not result in significant impacts upon the environment, and has issued a Negative Declaration under IS-93-14. (Please see Exhibit D). 7. At the December 16, 1992 public hearing on the above noticed matters, the Planning Commission was presented with a letter from Latham and Watkins objecting to the proposed amendments. The Commission continued the hearing to January 13, 1993 to allow staff sufficient opportunity to review and comment on the merits of those objections. Staffs responses to that letter are contained in Attachment 1, and summarized under item #10 on page 8 of this staff report. Planning Commission Agenda Item for the Meeting of January 13, 1993 Page 3 B. RECOMMENDATIONS 1. Entertain a motion to reconsider the Planning Commission's prior approval of the June 30, 1992 Public Facilities Element amendments under Resolution GPA-92-02, take public testimony, and if no satisfactory reason appears evident from that testimony, approve a motion denying reconsideration. 2. Approve the attached Planning Commission Resolution which: a. Adopts the Negative Declaration prepared under IS-93-14. b. Recommends that the City Council adopt the Negative Declaration prepared under IS-93-14. c. Recommends that the City Council approve the attached Draft City Council Resolution, approving the General Plan Amendments currently proposed under GPA-92-02A and contained in Exhibit B. d. Recommends that the City Council introduce for first reading the attached Draft City Council Ordinance implementing the amendments to the Zoning Ordinance as contained in Exhibit C. C. DISCUSSION Overview of Requirements and Prior Adoption Actions 1. The San Diego County Hazardous Waste Management Plan (COHWMP) was prepared pursuant to State Assembly Bill 2948 (Tanner, 1986). This legislation, commonly referred to as the Tanner Act, sets forth the framework for local implementation of changes in federal and state laws governing the way hazardous wastes should be managed. As required by the Tanner Act, the COHWMP establishes comprehensive provisions for the safe and effective management of industrial, small business and household hazardous wastes within the San Diego Region. It is predicated upon a management hierarchy which focuses on the need to reduce the volume of wastes produced which require treatment, and prescribes various planning, processing, siting and permitting requirements to be applied in evaluating proposals for needed hazardous waste treatment facilities to ensure the protection of public health and safety, and the environment. It also contains comprehensive background information on waste management, and existing and projected waste generation and treatment facility needs within the San Diego Region. The COHWMP serves as the primary planning document providing overall policy direction for the effective management of 100% of the Region's hazardous waste stream, and is the guide for local decisions regarding hazardous waste issues. Planning Commission Agenda Item for the Meeting of January 13, 1993 Each of the jurisdictions in the San Diego Region were to adopt the COHWMP as a policy and decision making guide through the establishment of local hazardous waste management policies and provisions consistent with the COHWMP. Page 4 2. The Public Facilities Element Amendments adopted on June 30, 1992 under Resolution No. 16794 brought the City into compliance with these requirements, and as allowed by law, set forth those more specific or stringent planning requirements and siting criteria which shall be applied in Chula Vista in-lieu of the more general provisions of the COHWMP. Those refinements have been designed to reflect those more specific local conditions and concerns regarding hazardous waste management and facility siting proposals, in ensuring the utmost protection of the health and welfare of citizens, and environmental resources within Chula Vista. The nature of those refinements is as follows: a. strong local emphasis on pollution prevention and waste minimization through source reduction, re-use and recycling of industrial, small business and household hazardous waste to lessen the need for new or expanded hazardous waste facilities. screening processes for local businesses using hazardous materials and generating hazardous wastes to ensure commitments to waste minimization. , active promotion of recycling and alternative technologies through the City's conservation coordinator in cooperation with the County. b. development of an overall strategy regarding equitable facility siting responsibilities which recognizes the City's waste management commitments and existing facilities in relation to those of other jurisdictions in a "fair share" setting. (Please refer to the further fair share discussions on page 6 of this report). c. emphasis of the foremost protection of local public health and safety, and the environment through the refinement of locational, siting and permitting requirements for considering hazardous waste facility proposals. the removal of certain industrial areas from the "general areas" inventory of lands which are appropriate for considering facility applications. Those areas removed include Montgomery, Eastlake and Rancho Del Rey Business Parks, and a portion of the Otay Valley Rd. area. Planning Commission Agenda Item for the Meeting of January 13, 1993 Page 5 requirements for preparation of a Health Risk Assessment and any related technical studies at the discretion of the City for all facility proposals regardless of their type, size or proximity to existing and future populations. refinement of the siting criteria addressing 32 separate subject areas, and which must be satisfied for a facility to be sited. The criteria are arranged under the following eight objectives: Protect the Residents of Chula Vista Ensure the Structural Stability of the Facility Protect Surface Water Quality Protect Groundwater Quality Protect Air Quality Protect Environmentally Sensitive Areas Ensure Safe Transportation of Hazardous Waste Protect Social and Economic Goals Staff believes the above referenced refinements provide the City the level of discretion and control over hazardous waste management issues within the City which will ensure the protection of local residents, the environment, and economic stability. Reconsideration of the June 30. 1992 Amendments (GPA-92-02) 3. During the Planning Commission and City Council public hearing adoption proceedings in June 1992, letters were received from Greenfield Environmental (the parent company of the APTEC II hazardous waste treatment facility at Otay Landfill) requesting the opportunity to provide additional comment on the amendments. The Planning Commission did, at that time, provide for a continuation of the hearing from June 24, 1992 to June 29, 1992, however, Greenfield continued to hold the position that this additional time was insufficient. 4. The current consideration of further clarifying amendments to the Public Facilities Element under GPA-92-02A also gives occasion to respond to Greenfield's prior request, although not legally required, for additional opportunity to review and comment on the June 1992 amendments. Accordingly, staff recommends that the Planning Commission entertain reconsideration of those amendments at this time, along with consideration of the currently proposed clarifying amendments. Such an approach emphasizes the City's willingness to accommodate desired input, and allows all parties to review and understand the full scope of General Plan's provisions regarding hazardous waste management within the City. For ease of reference, the amendments adopted in June 1992 are contained in Planning Commission Agenda Item for the Meeting of January 13, 1993 Exhibit A, with amended pages highlighted on colored paper. The currently proposed additional clarifying amendments being considered under GPA-92-02A are contained in Exhibit B, with pages involving amendments again highlighted on colored paper. Page 6 Additional Proposed General Plan Amendments (GPA-92-02A) 5. As called for by Resolution 16974, staff was to prepare amendments to the Zoning Ordinance necessary to implement the provisions of the June 30, 1992 Public Facilities Element amendments. During the course of preparing the implementing ordinance, and based principally upon input from the County Department of Health Services Hazardous Materials Management Division, staff found it necessary to further clarify certain provisions of the prior amendments, most of which are minor in nature and considered technical clean up. (Please refer to Exhibit B which indicates amended pages on colored paper for ease of reference). 6. The single substantive amendment involves a restatement of the City's "fair share" provisions regarding the review and approval of hazardous waste facility proposals, and is contained on pages 3-57 to 3-61 of Exhibit B. Simply stated, "fair share" relates to the fact that the minimum economically viable size for any hazardous waste treatment facility will likely result in its providing services to an area beyond the jurisdiction in which it is located, and in some instances beyond the county in which it is located depending on the type of waste treated. This effectively means that not all jurisdictions will be facility hosts. Therefore, the issue arises of how to ensure that no one jurisdiction becomes an unfair "dumping ground" for regional or multi- regional treatment facility needs, and that all jurisdictions equitably recognize treatment responsibilities as they all generate hazardous wastes. 7. The COHWMP addresses these issues through Fair Share Principles and a Fair Share Formula which require each county to fully address its waste treatment needs through either siting facilities within its borders, and/or establishing intergovernmental agreements for treatment capacity at facilities in other counties. In order to assure that no one local jurisdiction or subregional area becomes excessively burdened for county-wide or multi-county treatment needs, the Principles and Formula encourage facility siting where there is a substantial unmet need for the type(s) of treatment which the facility would provide. The Formula provides an allocation of needed small and large facilities among Southern California counties based on their waste generation, with the intent that sites be sought as close to the major generating sources as possible. 8. In order to consistently translate these more general, geographically broad based principles of the COHWMP into more succinctly stated concepts which can be readily understood and applied in evaluating specific facility proposals within the Planning Commission Agenda Item for the Meeting of January 13, 1993 Page 7 City, staff has developed a four-tiered approach which accommodates increasingly larger sized facilities provided certain conditions are demonstrated by the applicant. In overview, those tiers are: a. relates facility size to unmet treatment needs within a reasonable service area of the proposed facility, based on the location of the generating sources in comparison to county-wide treatment needs. b. allows a facility size beyond that determined by reasonable service area needs, if such increased size is necessary for minimum economic viability. c. allows a facility size beyond both of the above if there are no other locations in the county capable of permitting the siting of a facility, and/or the use of intergovernmental agreements to handle all or a portion of the proposed facility capacity are infeasible. d. allows a facility size beyond, and regardless of, the above unless the City has already accepted a fair and reasonable share of other regional serving land uses generally considered adverse, including but not limited to prisons, landfills, and power plants, etc. 9. To ensure that adequate opportunity was provided for interested parties, including Greenfield Environmental (the parent company of the APTEC II hazardous waste treatment facility at Otay Landfill), to review and comment on the proposed General Plan and Zoning Ordinance Amendments, staff distributed a cover letter and copies for initial input between the period of October 12 to 27, 1992, and for final input between the period of November 18, 1992 and December 4, 1992. The latter routing asked for comment submittal no later than December 4. No comments were received during either of these review periods. However, on Monday, December 7, 1992 the Planning Department received a letter dated December 4, 1992 from Latham & Watkins (Attorneys for APTEC II), stating on behalf of APTEC II their belief that, due to time prescriptions in the Tanner Act, the City was effectively without jurisdiction to effectuate the currently proposed General Plan Amendments, and that the item should be removed from the Planning Commission agenda. While the letter very briefly stated their belief"... that Proposed Amendments are deficient in several respects...", no substantive discussion whatsoever was provided as to those alleged deficiencies. The letter did go on to state that should the City decide to proceed in this matter, APTEC will submit additional comments at or prior to the hearing. Planning Commission Agenda Item for the Meeting of January 13, 1993 Page 8 10. In a letter dated December 10, 1992, the Planning Department responded to Latham & Watkins' December 4, 1992 letter, and indicated that the matters would be heard as scheduled at 7:00 p.m. on December 16, 1992. At 5:30 p.m. on December 16, 1992, the Planning Department received a letter of response from Latham & Watkins, attorneys for APTEC, reiterating many of their and Greenfield Environmental's previous claims, but in addition more substantive comments were provided for the first time on specific portions of the June 30, 1992 General Plan Amendments (GPA-92-02), and on the currently proposed additional amendments (GPA-92-02A). That letter was presented to the Planning Commission at the 7:00 p.m. hearing. Given the inability to adequately review and respond to the letter's claims, the Commission granted staffs request to continue the hearing to the next regular business meeting of January 13, 1993. Staff has since reviewed the December 16, 1992 letter, and has provided responses for the Commission's consideration which are contained in Attachment 1 to this report. For clarity, that Attachment inserts staff responses at appropriate points within the body of the letter. Based on review of the above letter, the Tanner Act, the COHWMP, and the City's General Plan provisions, staff has found that reconsideration of the June 30, 1992 General Plan amendments under GP A-92-02 are not warranted, and that the currently proposed additional amendments and Implementing Ordinance are consistent with the provisions of State law and the COHWMP. Staff did however, make minor revisions to criteria nos. 4, 5, 7, and 8 on pages 3-47 and -48 of Exhibit B, to clarify the City's intent in response to Latham & Watkins letter. Furthermore, it is the advice of the City Attorney that the Planning Commission has jurisdiction to hear the matters as scheduled. Proposed Implementing Amendments to the Zoning Ordinance 11. As previously noted, Resolution No. 16794 called for the preparation of Zoning ordinance amendments necessary to implement provisions of the amended Public Facilities Element. The focus of the Zoning Ordinance amendments is to define hazardous waste facilities, and to establish a specialized conditional use permit application and review procedure consistent with the provisions of the Tanner Act contained in Section 25199 et seq. of the California Health and Safety Code. 12. Those provisions of State law delineate unique procedural requirements for local consideration of hazardous waste facility proposals which, in summary, include the following: Planning Commission Agenda Item for the Meeting of January 13, 1993 a. a 90 day pre-application period. b. ongoing coordination with the State Office of Permit Assistance (OPR), affected agencies such as the State and County Departments of Health Services, Regional Water Quality Control Board, and the Air Pollution Control District, and the public and affected local jurisdictions. c. a particular series of public notification and input meetings. d. Appointment by the City of a Local Assessment Committee whose membership is specifically structured, and whose role is to serve in an advisory capacity to the City with respect to identifying the terms and conditions under which a proposed facility may be acceptable to the community. e. role and relation of environmental documents and health risk assessments in the review process. e. time frames for various portions of the review process. f. the creation of Technical Assistance Grants which may be used by the LAC to commission consultants or studies necessary to assist in the review of the project and related technical documents, and in formulation of their recommendations. g. an appeal process for local project decisions through the State Governor's Office. Page 9 13. Pursuant to the above, following is a summary of the proposed Zoning Ordinance Amendments contained in Exhibit C: a. Adds Section 19.04.107 defining hazardous waste facilities. b. Adds Section 19.58.178 adding further definitions, setting forth the specific conditional use permit application and review procedures unique to hazardous waste facility proposals, defining the LAC formation process and their role in decision making, prescribing the required series of public information and input meetings, indicating the role and preparation requirements for environmental and health risk assessments, prescribing the process for initial General Plan consistency determinations, outlining the process and guidelines for obtaining and using Technical Assistance Grants, and delineating additional findings required for the issuance of a conditional use permit for a hazardous waste facility. c. Amends Section 19.14.070 modifying the conditional use permit administrative procedure to require the additional findings, and requiring consideration of the use permit by both the Planning Commission and City Council, with the Planning Commission's action forming a recommendation rather than a decision subject to appeal, and making the City Council's action final. Planning Commission Agenda Item for the Meeting of January 13, 1993 d. Amends Sections 19.42.040, 19.44~040, and 19.46.040 to establish hazardous waste facilities as conditional uses in the City's I-R, I-L, and I zones respectively, subject to the provisions of Section 19.58.178 previously outlined. Page 10 (hwordpc''1't) ATIACHMENT 1 Page 1 A TT ACHMENT 1 LETTER FROM LATHAM & WATKINS ATTORNEYS AT LAW RECEIVED IN THE PLANNING DEPARTMENT OFFICE DECEMBER 16, 1992 AT 5:30 P.M. AND RESPONSES TO THAT LETTER NOTE: The Latham and Watkins letter is shown in small, bold print, with City staff responses in larger print. December 16, 1992 BY HAND DELIVERY Members of the City Planning Commission Planning Department Public Services Building 276 Fourth Avenue Chula Vista, California 91910 Re: Citv !mDlementation of the Countv of San Die20 Hazardous Waste Mana2ement Plan Ladies/Gentlemen: I write to comment on the proposed General Plan Amendments and Zoning Ordinances (the "Proposed Amendments!!) regarding the City of Chula Vista's (the "City") implementation of the County Hazardous Waste Management Plan (the "COHWMP"), item 5 on this evening's agenda. I submit the following comments on behalf of Appropriate Technologies ll, Inc. ("Aptecll). As a threshold matter, the Tanner Act requires the City to consider and act Dpon the Proposed Amendments within 180 days of the County's written notification that its COHWMP had been approved by the state. Ca!. Health & Safety Code ~ 25I35.7(c). The County informed the City of this approval on January 6, 1992. The ISO-day period lapsed on July 4, 1992. Therefore, the City now lacks jurisdiction to effect any modifications to the COHWMP's application in the City. The City has already recognized this limitation on it, authority. In its report supporting the Planning Commission's June 30, 1992 meeting on this matter, the City acknowledged that its authority for taking action regarding the COHWMP would expire on July 4, 1992. Due to this defieiency, Aptec, in a December 4,1992 letter to Mr. Ed Batchelder, urged the City to remove consideration of the Proposed Amendments from the Planning Commission's agenda for December 16, 1992. Mr. Batchelder responded by letter dated Members of the City Planning Commission December 16, 1992 ATTACHMENT 1 Page 2 December 10, 1992, in which he stated that consideration of the Proposed Amendments will remain on the Planning Commission's agenda for December 16, 1992 and asserted the City's authority to act on this matter. We renew our request that the Commission take no action. - As outlined in that December 10, 1992 letter, the City adopted amendments to the Public Facilities Element of the General Plan incorporating applicable provisions of the COHWMP on June 30,1992 as required by law, and prior to the statutory deadline provided for in the Tanner Act. The amendments currently being proposed consist of Zoning Ordinance Amendments necessary to implement the provisions of the June 30, 1992 General Plan Amendments, along with additional clarifying amendments to the Public Facilities Element found necessary during the course of preparing the Zoning Ordinance Amendments. In addition, the City will also be entertaining reconsideration of the June 30, 1992 amendments as a procedural courtesy to ensure that all parties are provided sufficient opportunity to comment on the City's entire hazardous waste management provisions. As the City has already adopted provisions, it is an invalid claim that the City does not have authority to amend those provisions because the July 4, 1992 deadline has past. Under such a theory the City could never amend our HWMP absent permission from the State Legislature. Courts have held, however, that "[t]he power to legislate includes by necessary implication the power to amend existing legislation." City of Sausalito v. County of Marin (1970) 12 Cal.App.3d 550, 563-64, 90 Cal.Rptr. 843, 852. In addition, where a statute prescribes deadlines but does not provide for enforcement, these deadlines are usually directory. Lindbor!.!/Dahl Investors v. Garden Grove (1986) 225 Cal.Rptr. 154, 179 Cal.App.3d 956,960, n. 2; Anderson v. Pitten!.!er (1961) 17 Cal.Rptr. 54, 197 Cal.App.2d 188, 194; 58 Cal.Jur. (3rd ed. 1980) Statutes ~ 150, pp. 546-48. Nothing in the Tanner Act indicates that the time requirements are intended to act as a limitation on the City to act. Furthermore, the Tanner Act sub serves a public purpose for the location of hazardous waste facilities, and legislative findings stress the importance of having a local procedure for considering such facilities. In the event that the Commission decides to proceed with this matter, we submit the following comments. 1. The ProDosed Amendments Are PreemDted Bv Federal Law The City's actions have been aimed at effecting de iure and de facto baRS on hazardous waste facilities in the City. On their face, the Proposed Amendments represent an attempt by the City to firmly establish those bans. The Proposed Amendments are, therefore, preempted by the comprehensive legislation addressing hazardous waste management which the United States Congress has enacted. See Ol!den Environmental Services v. City of San Die~o, 687 F. Supp. 1436 (S.D. Cal. 1988) (city's ban on hazardous waste facilities held preempted by federal legislation). Therefore, we urge the Planning Commission to revise the Proposed Amendments in order to bring them within the requirements of federal law. The "de jure and de facto ban" theory is currently being challenged by the City in federal court. The proposed amendments do not constitute a "de facto ban" because the regulations are specifically authorized under the Tanner Act, Health & Safety Code ~ 25135.7(c)(2). The case cited for this proposition, Ogden Environmental Services v. City of San Diego, 687 F. Supp. 1436 (S.D. Cal. 1988), is easily distinguishable. In O!.!den, the court struck down the City of San Diego's CUP process where it failed to contain any standards for evaluating Members of the City Planning Commi~sion December 16, 1992 ATIACHMENT I Page 3 hazardous waste facilities. Here, we are attempting to establish such standards in accordance with the procedure established by the State. 2. The Proposed Amendments Violate The Commerce Clause Of The United States Constitution The Commerce Clause prohibits local governments from interfering with the flow of interstate commerce. The intent of the Proposed Amendments is to limit the flow of hazardous waste into the City. While this result may appear attractive to the City, it is precisely the sort of parochial protectionist measure which unconstitutionally impedes the flow of interstate commerce. Measures much like the Proposed Amendments have been repeatedly struck down by the United States Supreme Court and lower courts as violative of the Commerce Clause. The Commerce Clause does not restrict all local regulation, only such regulation as unduly burdens interstate commerce. The intent of the proposed amendments is to establish provisions for the comprehensive management of hazardous wastes, including criteria for the proper siting of hazardous waste facilities within the City as authorized by the State in the Tanner Act, Gov. Code ~ 25135.7(c). The development of siting criteria for hazardous waste facilities is critical in protecting the health and safety of the City's residents and businesses and is not a violation of the Commerce Clause. 3. The Pro nosed Amendments Are Preemnted Bv State Law Much like Congress, the California legislature has enacted legislation to address the challenges posed by hazardous waste management. This legislation provides comprehensive regulation of the treaOOent, storage, transportation and disposal of hazardous waste, and establishes priorities in managing hazardous waste in California. Since the Proposed Amendments would serve to institute de iure and de facto bans on hazardous waste facilities in the City, they are also preempted by state law. Consequently, we urge the Planning Commission to reject the Proposed Amendments in favor of amendments not violative of applicable state laws. 4. The Proposed Amendments Violate The Tanner Act To foster a cohesive statepwide strategy for the management of hazardous waste, the California legislature enacted the Tanner Act, whose goal is to facilitate the siting of hazardous waste facilities notwithstanding frequent local opposition. The Tanner Act requires each county to prepare a hazardous waste management plan. This plan must then he implemented hy all cities within the county. The City may not take action which is inconsistent with the COHWMP. The City's Proposed Amendments are inconsistent with the COHWl\1P siting criteria and fair share principles. The proposed amendments are not preempted by state law, nor do they violate the Tanner Act, because they are specifically authorized under the Tanner Act, Health & Safety Code ~ 25135.7(c). In addition to requiring local jurisdictions to adopt provisions consistent with the County hazardous waste management plan, Health and Safety Code ~25135.7(d) (Tanner Act) expressly provides, in reference to ~ 25135.7(c), that "This section does not limit the authority of any city to attach appropriate conditions to the issuance of any land use approval for a hazardous waste facility in order to protect the public health, safety, or welfare, and does not limit the authority of a city to establish more stringent planning requirements or siting criteria than those specified in the county hazardous waste management plan." To the extent that the Members of the City Planning Commission December 16, 1992 ATTACHMENT 1 Page 4 City modified or made more stringent certain of the COHWMP'S requirements and criteria, does not of itself constitute inconsistency, or amount to the claimed "de jure and de facto bans" on hazardous waste facilities within the City previously rebutted under item #1. The COHWMP itself indicates that its provisions are more broadly based given the document's county-wide scope, and that local jurisdictions may find the need to refine them based on more specific local conditions. Accordingly, the City has modified the COHWMP's General Areas inventory and siting criteria to ensure the utmost recognition for, and protection of, the health, safety and welfare of its citizens and environment. For example, City criteria Nos. 1 and 2 change the definition of "proximity to populations" so as to significantly increase the required buffer zone. Moveover, City criterion No.1 explicitly states that the "active portion of the facility shall be subject to additional setbacks and buffering. II It should be noted that the above comments pertain to the General Plan provisions adopted on June 30, 1992. The above sited criteria changes do not significantly increase the required buffer zone because they merely involve tying the measurement of a facility's separation from populations to a more fixed and recognizable feature, i.e. the property boundary on which the facility is sited, rather than from the more ambiguous "active portion of the facility" as stated in the COHWMP. Given this change, the City also added a qualifying criteria stating that "The active portion of a facility shall be subject to additional setbacks and buffering from the property boundary as required by the underlying zone, or through conditions established by the associated use permit(s). " In practical application, the only increase in buffering created by these changes would be the setback distance from the property boundary to the "active portion" of a facility as required by the underlying industrial zone. Such zoning setbacks, which are normally less than 50 feet, would by comparison to the COHWMP's recommended minimum distance to populations of 2000 feet, not amount to a significant increase. Perhaps Latham & Watkins' perception arises from a situation similar to that at the Otay Landfill, where a facility is set within a substantially larger property. In such particular instances however, it would not the City's intent to unreasonably apply the criteria, but rather to recognize that a smaller faciIty site or "property" exists. Additionally, eventhough the City's changes do not amount to a significant increase, such refinement of the COHWMP's criteria is authorized by the Tanner Act as discussed in the preVIOUS responses. The City criteria also mandate that the City require a bealth risk assessment ("HRA "), determine its scope, and use it to decide whether a CUP should be issued. This is contrary to the terms of the COHWMP, which pennits a city to require an HRA only when a facility handling ignitable, volatile or reactive wastes proposes to locate within 2,000 feet of a residential development. The COHWMP contains no such prohibition on the ability of a city to require preparation of a health risk assessment (HRA). The terms of the COHWMP referenced read as follows: Members of the City Planning Commission December 16, 1992 ATTACHMENT 1 Page 5 "For facilities handling ignitable, volatile, or reactive waste, the minimum distance of 2000 feet should be required unless the facility developer can show that the public is adequately protected in the event of an accident. (Risk Assessment)" This criteria simply indicates that a minimum 2000 foot buffer to populations should always be required unless the applicant can demonstrate, through the HRA, that the public can be adequately protected at a lesser distance. Not that a city's ability to call for an HRA is limited. Preparation of HRA's is a standard practice in evaluating certain potential siting impacts of hazardous waste facilities. The City's criteria correctly recognize that there is no particular distance which is automatically assumed to be safe, and simply call for an HRA to assess specific circumstances, and demonstrate if the facility can safely operate at the proposed distance. In recognition that each hazardous waste facility proposal will be unique in its potential health risks, the City's criteria call for a screening process to determine an appropriate scope and depth for each HRA. That screening process is designed to be objective, and as set forth in Section 19.58.178H of the proposed Implementing Ordinance, involves the Local Assessment Committee, an Ad Hoc Technical Committee experts in the waste field, and the proponent, not solely City staff. Implementing Ordinance Section 19.58. 178H(6) further clarifies that the HRA is an evaluative tool, and is not to be construed as providing definitive answers regarding facility siting. In addition, while the COHWMP allows the siting of hazardous waste facilities in certain hazard areas as long as those facilities are "designed, constructed, operated, and maintainedtl to address the hazard, the City flatly refuses to permit such siting except "at the discretion of the City Council. n (See City criteria Nos. 4, 5,7,8.) It should be noted that the above comment pertains to the General Plan provisions adopted on June 30, 1992. The noted City criteria are intended to implement those of the COHWMP by similarly prohibiting facilities in certain hazard areas (floodplains, faults, geologic/soil instability, etc.) except where satisfactory design and other controls are provided. The effective difference is that the City's criteria require that the proposed design and other controls be reviewed and approved by the City Council, in order to provide the City's decision makers the ability to ensure that the health, safety and welfare of the public and the environment will be adequately protected. In reviewing the criteria, staff felt that the current wording may have been slightly ambiguous in conveying that intent, and has thereby made clarifying revisions. In addition, it was discovered that criterias No.5 and 8 did not contain the same Council approval provision, and therefore it was added. These revisions are reflected on pages 3-47 and 3-48 of Exhibit B, and will thereby be included in your action on GPA-92-02(A). Perhaps the City's most telling deviation from the COHWMP is in the area of fair share guidelines. In drafting the COHWMP, the County recognized that without cooperation and regard for county- and state-wide needs, hazardous waste facilities would not be sited in Southern California at all, which would make enviromnentally safe wallte management impossible. Members of the City Planning Commission December 16, 1992 ATTACHMENT I Page 6 The City, in addition to requiring an applicant to meet all of its siting criteria and the COHWl\1P's fair share guidelines, would require the applicant to "submit evidence convincing to the City consistent with" one of four standards. The applicant must also submit extensive data regarding currently existing and projected waste generation, existing treatment facilities, and intergovermnental agreements. The City also reserved for itself the authority to "survey the efforts put forth by the communities from within which the involved wastes are being generated, to recognize treatment respolLliiibilities and reduce their off-site treatment needs through promoting on-site treatment and waste minimization. " As stated in the second paragraph above, the City's provisions require the COHWMP's fair share guidelines to be met, and further, establish a four-tiered approach which translates those guidelines into more succinctly stated concepts which can be readily applied by City staff in the local evaluation of specific facility proposals. Therefore, rather than a "telling deviation from the COHWMP", the City's fair share provisions implement the COHWMP's. Furthermore, the COHWMP expressly recognizes that the basis for fair share determinations is dynamic, and subsequently calIs for waste generation and treatment data to be updated annually, or whenever a new facility is sited or an existing facility expanded or restricted. The City's requirement for the applicant's submittal of such data is consistent with the COHWMP's provisions, and is necessary to create an accurate basis for fair share evaluations. The City's intent in providing for the possible survey of other community's efforts, is to ensure that those jurisdictions which are large waste generators, but do not provide treatment facilities, at least actively recognize treatment responsibilities and promote waste minimization. Such a provision may also provide the basis upon which future compensation/incentive programs could be established. In this regard, the City's provisions indicate we may survey the efforts, but in no way indicated that such a survey would form the sole basis for facility approval or denial. The preceding sample of the City's efforts to supplant the COHWMP is by no means exhaustive, but is offered to illustrate the onerous nature of the City's siting criteria and fair share requirements. The City has, in effect, refused to implement the COHWMP as it is required to do by tbe Tanner Act. The City's actions, therefore, have violated the Tanner Act and have undermined the state-wide strategy for hazardous waste management. We urge the Planning Commission to reexamine the Proposed Amendments and require the City to draft amendments which are consistent with the COHWMP. As delineated throughout the preceding responses, the City's adoption hazardous waste management provisions is intended to implement, not supplant, the COHWMP. The Tanner Act expressly provides that the City may adopt provisions which are "more stringent" than those of the COHWMP. While the City has adopted such provisions, they are not materially more "onerous" than those of the COHWMP, and are entirely consistent with the intent of the COHWMP, and provisions of the Tanner Act. 5. The Citv Cannot Relv On It, June 30. 1992 Amendments Aptec has challenged, in federal court, the City's enactment of the June 30, 1992 amendments due to the City's failure to comply with the notice provisions of Ca!. Gov't Code ~~ 65090 and 65091. To the extent that the Proposed Amendments are dependent on the June 30, 1992 amendments, they are barred by the lack of proper notice in the enactment of those amendments, and for the other reasons alleged in Aptec's federal lawsuit. Members of the City Planning Commission December 16, 1992 ATTACHMENT 1 Page 7 The City has consistently encouraged Aptes's participation and comments on our amendments. In response to Aptec's alleged notice objections, the City Planning Commission continued its hearing on June 24, 1992 to June 29, 1992 to provide Aptec with more than the required 10 days in the Government Code and City Charter to comment on these amendments. To accommodate Aptec's request for even more time to comment, and in an overabundance of caution, the City is also now entertaining reconsideration to provide for further comment by Aptec, eventhough the City is not required to do so. The City has consistently responded to Aptec's objections, and has provided Aptec with far more notice and time to comment than is required by law. 6. The City's Reliance On An EIR Addendum To Support The Proposed Amendments Violates CEOA The proposed "Addendum To The County of San Diego Hazardous Waste Management Plan Environmental Impact Report" ("Em Addendum ") appears to violate both procedural and substantive requirements of the California Environmental Quality Act ("CEQA"). The Notice of today's Planning Commission hearing indicates that the Em Addendum "previously prepared by the City under Em-92-03, and considered in conjunction with the June 1992 amendments. . . shall be reconsidered. II Aptec objected to the City's reliance on this Em Addendum in enacting the June 30, 1992 amendments and, since the City proposes to rely on the same Em Addendum for the Proposed Amendments to be considered today, Aptec renews its objection on the same grounds. CEQA procedural standards do not allow the City to proceed by an Em Addendum with respect to the Proposed Amendments because those amendments constitute a separate project. However, even if the amendments are considered to be part of the same project, an Em Addendum is inadequate because the amendments have the potential for new significant environmental impacts which are not accounted for in the Em prepared for the COHWMP. We urge the Planning Commission to require the City to perform the environmental review mandated by CEQA. Finally, the proposed Em Addendum is substantively inadequate because it completely lacks any substantive discussion of the environmental impact of modifying siting and other requirements for hazardous waste facilities in Chula Vista. For example, the Em Addendum fails to discuss the significance of the environmental impact of "implement[ing] more restrictive hazardous waste regulations." This enactment can have a substantial impact on the rest of the Southern California region. The City's issuance of an Addendum to the COHWMP EIR in adopting the June 30, 1992 amendments was appropriate under CEQA. An Addendum to an EIR is authorized for projects which "do not raise important new issues about the significant effects on the environment" (CEQA Guidelines, ~ 15164). The City Staff analyzed the potential for significant, new environmental impacts associated with the proposed project that were not analyzed in the COHWMP EIR. As a result, the City concluded that its proposed amendments to the COHWMP would not require major modifications to the COHWMP EIR, since the City's amendments represented minor technical changes. Furthermore, those amendments would not create significant, new environmental impacts, since the amendments favored protection of public health and the environment with respect to the location and siting of hazardous waste facilities. The use of an Addendum to the COHWMP EIR is deemed to be adequate under CEQA. Furthermore, it should be clarified that reconsideration of said Addendum would only occur in conjunction with the City's reconsideration of its prior approval of the June 30, 1992 General Plan Amendments. It is currently staff's recommendation that said reconsideration be denied. In addition, the currently proposed additional General Plan Amendments (GPA 92-02A) and Members of the City Planning Commission December 16, 1992 AITACHMENT 1 Page 8 Implementing Ordinance have been separately evaluated under CEQA (IS 93-14), and it was determined that the proposed projects would not create significant environmental effects. As a result, a negative declaration was issued for these proposed amendments. 7. The Citv's Reliance On A Ne2ative Declaration To Suooort The Imnlementin2 Ordinances And Associated Revisions Violates CEOA A oegative declaration is appropriate only if "[tlhere is no substantial evidenee" that the project in question wiD have a significant adverse impact on the environment. CEQA Guidelines, ~ 15070, subd. (a). Because the Proposed Amendments would cause hazardous waste facilities to be sited outside of the City's boundaries, a signirlCant adverse impact on other areas in the Southern California region may well occur. The negative declaration prepared by the City expressly relies on an initial study conducted by the City. Aptec has already objected to the complete failure of the City to comply with CEQA requirements for conducting initial studies. Aptec's letter voicing this objection is attached to these comments as Exhibit A. In light of the jurisdictional considerations discussed above, Aptec urges the City to remove consideration oftbe Proposed Amendments from the Planning Commission's agenda for today, December 16, 1992. IT, however, the Planning Commission does proceed to consider this item, Aptec urges it to reject the Proposed Amendments due to the considerations discussed above in favor of amendments which are consonant with federal and state laws. The City conducted an initial study to assess the potential environmental impacts associated with the proposed Implementing Ordinance and amendments to the Public Facilities Element of the Chula Vista General Plan, pursuant to CEQA. The initial study analyzed the potential environmental effects associated with the implementation of local siting criteria for hazardous waste facilities located within the City of Chula Vista. As a result of the initial study, the City determined that there was no substantial evidence that the proposed project would have a significant adverse impact on the environment, and a negative declaration was issued pursuant to the CEQA Guidelines, 9 15070. Furthermore, the City previously responded to the issue concerning CEQA compliance in conducting the initial study, as raised by Latham & Watkins in a letter dated October 16, 1992. Clarification was provided to demonstrate that the initial study packet that was distributed to the public was complete, in a response letter from the City's Environmental Review Coordinator dated November 19, 1992. Very truly yours, Roman Lifson of LATHAM & WATKINS Enclosure cc: Tom Vernon, Esq. Mr. Kelly McGregor B:\hwpcrpt.att . ~~ll~t~;t~gjii~;i;mt;i!~!;;~4~t'llI~ shall be located outside the lOO-year floodplain,. or areas subject to flash floods and debris flows. The risk assessment and environmental review shall analyze such hazards. ABy "JPcceptions BaGed en prepesed eagineering and dnsigR respenses Ghall m~Y be ~t~4 at the diseretien ef ~y the l~ili~li~RI.'i11~1I.'~I~I~11 5. Areas subject to tsunamis, seiches, and storm surges . Areas subject to tsunamis, seiches, and storm surges are dermed as areas bordering oceans, bays, inlets, estuaries or similar bodies of water which may flood due to tsunamis (commonly known as tidal waves), seiches (vertically oscillating standing waves usually occurring in enclosed bodies of water such as lakes, reservoirs, and harbors caused by seismic activity, violent winds, or changes in atmospheric pressure), or storm surges. . .~",ll faeilitie6, iRehuliBg Residual repositories, shall be prohibited from locating in areas subject to (lee ding (reM these occurrences. The risk assessment and environmental review shall analyze such hazards. · ~1j)~W!~8!!~!f~~~~~PfIRg!!!~!!~rfiW~!WJ~w 1~1~lli'pli~re~.III._T~llIa iY~!~~i!!!@!!mt~iM@1:iM~!m>>yt!W~~#~tt~~~4!!i 6. Proximity to active and potentially active faults . An active fault is defined as a fault along which surface displacement has occurred during Holocene time (about the last 11,000 years) and is associated with one or more of the following: a recorded earthquake with surface rupture fault creep slippage displaced survey lines A potentially active fault is defined as a fault showing evidence of surface displacement during Quaternary time (from the last 11,000 years to about the last 2 to 3 million years, and is characterized by the following: considerable length association with an alignment of numerous earthquake epicenters continuity with faults having historic displacement 3-47 association with youthful major mountain scarps or ranges correlation with strong geophysical anomalies . All facilities are required to have a minimum 2OO-foot setback from a known active or potentially active fault. . All facilities regardless of proximity to faults, shall ........ minimum sta,ula,d, be constructed to seismic zone 4 building code standards., stmjeet t8 fequirem8Rts iB eneess as eetermiRsa Beeessary hy the City te ~f8teet ~uBlie health aREI safety. 7. Slope stability . Slope stability is defined as the relative degree to which the site will be vulnerable to the forces of gravity, such as landslide, soil creep, earth flow, or any other mass movement of earth material which might cause a breach, carry wastes away from the facility, or inundate the facility. . Residuals repositories are expressly prohibited in areas of potential slope instability. . All other facilities shall be prohibited in areas of potential slope instability or rapid geologic change. Except!JjimiAAylm !!!I~~t!~~!!!~~!~~~?!!!!6 it~~~;~i ~!imm~!.~~~~iifi~!!mt!!iPyt~\!4AA#Wi1iI:\~#~i:AAi, . and Ul'88 81'1'<s':;81. eftJ1sCity Ce"..eiCThe;.;sk assessment and environmental review shall include an analysis of such hazards. 8. Subsidence/liquefaction . Subsidence is defined as a sinking of the land surface following the removal of solid mineral matter or fluids (e.g., water or oil) from the subsurface. . Liquefaction refers to the surface materials that develop liquid properties upon being physically disturbed. . All faeilities, iftcluaing Residual repositories, shall be prohibited from locating in areas subject to these disturbances.-aad The risk assessment and environmental review shall include an analysis of such potential disturbances. · ~~i\m!iJ1i!i~~ifWi~lj~1~~4~!iij!ijli(l!ig~~#1U@j)t!i ~~!1~.rmi#iiii~~i'i!!9imW;!1~m;~~~~!!W~ lil~Mjll~II1_I~lj~I~I~III~BH~W>> 3-48 RESOLUTION NO. GPA~92-02(A)/PCA-92-02 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF THE NEGATIVE DECLARATION ON IS-93-14; ADOPTION OF AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT OF THE CITY GENERAL PLAN TO INCORPORATE PROVISIONS RELATED TO THE MANAGEMENT OF HAZARDOUS WASTES, AND THE SITING AND PERMITTING OF HAZARDOUS WASTE FACILITIES, WITHIN THE CITY; AND ADOPTION OF AN ORDINANCE AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH DEFINITIONS, REQUIREMENTS AND PROCEDURES FOR THE REVIEW AND APPROVAL OF CONDITIONAL USE PERMITS FOR HAZARDOUS WASTE FACILITIES; AND MAKING NECESSARY FINDINGS WHEREAS, on June 30,1992, the City Council adopted amendments to the Public Facilities Element of the City General Plan incorporating provisions related to the management of hazardous wastes, and the siting and permitting of hazardous waste facilities as required by State law (Resolution No. 16794); and WHEREAS, staff has found it necessary to make additional revisions in order to clarify certain aspects of those amendments, particularly the City's hazardous waste facility fair share concepts; and WHEREAS, the majority of those additional amendments are minor in nature and considered technical clean up; and WHEREAS, the single substantive amendment involving hazardous waste facility fair share concepts is intended to consistently translate the Fair Share Principles of the COHWMP into more succinctly stated concepts which can be readily understood and applied by staff in evaluating specific facility proposals within the City; and WHEREAS, that translation is represented in a four-tiered concept which accommodates increasingly larger sized facilities provided certain conditions are demonstrated by the applicant; and WHEREAS, in order to fully implement the provisions of the amended Public Facilities Element it is necessary to amend the City's Zoning Ordinance, and staff was directed by the City Council under Resolution No. 16794 to complete said ordinance amendments; and WHEREAS, the Zoning Ordinance amendments define hazardous waste facilities as conditional uses in the City's industrial zone classifications, provided that the facility is also located within one of the "general areas" designated in the General Plan Public Facilities Element as an area appropriate for the consideration of such facilities; and WHEREAS, the Zoning Ordinance amendments establish a specific review procedure for hazardous waste facility conditional use permit applications consistent with State law; and WHEREAS, in addition to the normal findings required for a conditional use permit, the Zoning Ordinance amendments would require the Planning Commission and City Council to find that the proposed facility complies with the "General Areas" policies, siting criteria, and "fair share" principles of Section 5.5 of the General Plan Public Facilities Element, and with the County of San Diego Hazardous Waste Management Plan; and WHEREAS, the Zoning Ordinance amendments provide for a public hearing before both the Planning Commission and City Council, with the Planning Commission action forming a recommendation rather than a decision subject to appeal; and WHEREAS, the Environmental Review Coordinator has determined that both the additional amendments to the Public Facilities Element and the Zoning Ordinance amendments will result in no significant impacts upon the environment, and has issued a Negative Declaration under IS-93-14; and WHEREAS, the required Notice of Proposed Negative Declaration was filed with the County Clerk's Office for a minimum of 30 days in advance of hearing date specified herein in compliance with the regulations of the California Environmental Quality Act of 1976 as amended; and WHEREAS, the City provided adequate opportunity for review and comment regarding the proposed General Plan and Zoning Ordinance Amendments by distributing copies to interested parties, including Greenfield Environmental, for initial comment between the period of October 12, 1992 and October 27, 1992, and again for final comment between the period of November 18, 1992 and December 4, 1992; and WHEREAS, no comments were received during the initial or final comment periods indicated above; and WHEREAS, in order to allow additional opportunity for any interested or affected parties, and the Planning Commission, to review and comment on the complete set of Public Facilities Element amendments regarding hazardous waste, the June 30, 1992 amendments adopted under Resolution No. 16794 (GPA-92-02) are being entertained for reconsideration along with the currently proposed additional revisions under GPA-92-02(A); and WHEREAS, the Planning Commission set the time and place for the public hearing on said Amendments and the Negative Declaration, and notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the City, and by mailing to interested parties, at least 21 days prior to the hearing; and WHEREAS, the City Planning Commission held the public hearing as noticed at 7:00 p.m. on December 16, 1992, in the Council Chambers, 276 Fourth Avenue, to consider the amendments to the General Plan Public Facilities Element, and the amendments to the Zoning Ordinance; and WHEREAS, at that hearing the Planning Commission was presented with a letter recieved at 5:30 p.m. from Latham & Watkins on behalf of APTEC, objecting to the proposed amendments; and WHEREAS, in order to allow staff the opportunity to review and comment on the merits of the objections raised in that letter, the Planning Commission continued the hearing to its next regular business meeting of January 13, 1993; and WHEREAS, the Planning Commission held said continued public hearing at 7:00 p.m. on January 13, 1993, and heard and considered all evidence and testimony offered by all interested parties concerning the amendments, including staffs responses to Latham & Watkins December 16, 1992 letter, and considered the Negative Declaration issued under IS-93-14; and WHEREAS, the proposed General Plan and Zoning Ordinance Amendments were determined to be consistent with the intent and provisions of the "COHWMP" and State law; NOW THEREFORE, the City Planning Commission of the City of Chula Vista finds, determines, and resolves as follows: SECTION 1. That in the exercise of its independent judgement, finds that no fair arguments were presented that the project may have an adverse impact upon the environment, and adopts the Negative Declaration under IS-93-14, which was prepared in accordance with the provisions of CEQA, the guidelines promulgated thereunder, and the City of Chula Vista Environmental Review Procedures. SECTION 2. Finds that the amendments to the Public Facilities Element of the City General Plan, a copy of which are attached hereto as Exhibit B, and the amendments to Title 19 of the Chula Vista Municipal Code, a copy of which are attached hereto as Exhibit C, are consistent with Articles 3.5 ("Hazardous Waste Management Plans") and 8.7 ("Procedures for the Approval of New Facilities") of Chapter 6.5 ("Hazardous Waste Control") of Division 20 of the Health and Safety Code, commencing at Sections 25135, et seq., and 25199 et seq. respectively, and with the COHWMP. SECTION 3. Recommends that the City Council adopt the attached draft resolution which adopts the Negative Declaration on IS-93-14, and approves the amendments to the Public Facilities Element of the City General Plan (GPA-92-02A), a copy of which are attached hereto as Exhibits Band D respectively. (Exhibit A omitted). SECTION 4. Recommends that the City Council introduce for first reading the attached draft ordinance (Exhibit C), which amends various portions of Title 19 of the Chula Vista Municipal Code to implement the General Plan Amendments approved in Section 3, above. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHUrA VISTA, CALIFORNIA, this 13th day of January, 1993, by the following vote, to-wit: AYES: NOES: ABSENT: Attest: Susan Fuller, Chair Planning Commission Nancy Ripley, Secretary (hwordpc.rso) DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA ADOPTING AMENDMENTS THE PUBLIC FACILITIES ELEMENT OF THE CITY GENERAL PLAN (GPA-92-02A) TO INCORPORATE PROVISIONS RELATED TO THE MANAGEMENT OF HAZARDOUS WASTES, AND THE SITING AND PERMITTING OF HAZARDOUS WASTE FACILITIES, WITHIN THE CITY. The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on June 30, 1992, the City Council adopted amendments to the Public Facilities Element of the City General Plan incorporating provisions related to the management of hazardous wastes, and the siting and permitting of hazardous waste facilities as required by State law (Resolution No. 16794); and WHEREAS, those amendments incorporated applicable portions of the approved San Diego County Hazardous Waste Management Plan (nCOHWMpn) pursuant to the course of action prescribed under Health and Safety Code Section 25135.7(c)(2); and, WHEREAS, in order to fully implement the provisions of the amended Public Facilities Element it was necessary to amend the City's Zoning Ordinance, and staff was directed by the City Council under Resolution No. 16794 to complete said ordinance amendments; and WHEREAS, in the course of preparing said Zoning Ordinance Amendments, and based principally upon the input of the County Hazardous Materials Management Division, staff found it necessary to make additional revisions to the June 3D, 1992 General Plan amendments referenced above in order to clarify certain aspects of those amendments, particularly the City's hazardous waste facility fair share concepts; and WHEREAS, the majority of those additional amendments are minor in nature and considered technical clean up; and WHEREAS, the single substantive amendment involving hazardous waste facility fair share concepts is intended to consistently translate the Fair Share Principles of the COHWMP into more succinctly stated concepts which can be readily understood and applied by staff in evaluating specific facility proposals within the City; and WHEREAS, that translation is represented in a four-tiered concept which accommodates increasingly larger sized facilities provided certain conditions are demonstrated by the applicant; and WHEREAS, the City provided adequate opportunity for review and comment regarding the proposed General Plan and Zoning Ordinance Amendments by distributing j ~~AF1 copies to interested parties, including Greenfield Environmental, for initial comment between the period of October 12, 1992 and October 27, 1992, and again for final comment between the period of November 18, 1992 and December 4, 1992; and WHEREAS, no comments were received during the initial or final comment periods indicated above; and WHEREAS, in order to allow additional opportunity for any interested or affected parties, and the City Council, to review and comment on the complete set of Public Facilities Element Amendments regarding hazardous waste, the June 30, 1992 amendments adopted under Resolution No. 16794 (GPA-92-02) are being entertained for reconsideration along with the currently proposed additional revisions under GPA-92-02(A); and WHEREAS, the Environmental Review Coordinator has determined that the additional amendments to the Public Facilities Element of the General Plan (GPA-92-02A) will result in no significant impacts upon the environment, and has issued a Negative Declaration under IS-93-14; and WHEREAS, the required Notice of Proposed Negative Declaration was filed with the County Clerk's Office for a minimum of 30 days in advance of the Planning Commission's hearing on December 16, 1992, in compliance with the regulations of the California Environmental Quality Act of 1976 as amended; and WHEREAS, the Planning Commission held a duly noticed public hearing on said Amendments and the Negative Declaration on IS-93-14, on December 16, 1992, and a continuation of that hearing on January 13, 1993; and WHEREAS, the Planning Commission recommended adoption of the Negative Declaration, and approval of the General Plan Amendment (GPA-92-02A); and WHEREAS, on February 2, 1993, the City Council considered the recommendation of the Planning Commission at a public hearing, for which a notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the City, and by mailing to interested parties, at least 10 days prior to the hearing, and heard and considered all evidence and testimony offered by all interested parties concerning the General Plan Amendment (GPA-92-02A), and considered the Negative Declaration on IS- 93-14; and, WHEREAS, the Planning Commission determined and recommended that the City Council find the proposed General Plan Amendment to be consistent with the intent and provisions of the "COHWMP". NOW THEREFORE the City Council of the City of Chula Vista finds, determines, and resolves as follows: SECTION 1. Finds that the Negative Declaration on IS-93-14 was prepared DRAFf in accordance with the provisions of CEQA, and the guidelines promulgated thereunder, and with the City of Chula Vista Environmental Review Procedures, and is hereby adopted. SECTION 2. Finds that the amendments to the Public Facilities Element of the City General Plan (GPA-92-02A), a copy of which are attached hereto as Exhibit B, are consistent with Article 3.5 ("Hazardous Waste Management Plans") of Chapter 6.5 ("Hazardous Waste Control") of Division 20 of the Health and Safety Code, commencing at Section 25135, et seq., and with the COHWMP. SECTION 3. That the amendments to the Public Facilities Element of the City General Plan, a copy of which are attached hereto as Exhibit B, are hereby adopted into and hereby made a part of the City's General Plan and the Public Facilities Element thereof. (Exhibit A omitted). Presented By Approved as to form by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 2nd day of February, 1993 by the following vote: YES: NOES: ABSENT: ABSTAIN: Tim Nader, Mayor Attest: Beverly A. Authlet, City Clerk (hwgpacc.rso ) EXHIBIT A I, I I Section 1. 2. 3. ~ J.k H 4. 4d 4,{j +.7- 5. g ~ 6. CHAPTER 3 PUBLIC FACILITIES ELEMENT CONTENTS Page Introduction 3-1 Goals and Objectives 3-2 Inventory of Existing Public Facilities 3-6 3.1 Water Facilities Inventory 3.2 Wastewater Facilities Inventory 3.3 Drainage and Flood Control Facilities Inventory 3.4 Solid aRa Hazardslls Waste Collection and Disposal Facilities Inventory . 3.5 Hazardous Waste. Treatment Storage and Disposal Facilities Inventorv 3.6 Secondary Schools Inventory 3.7 Elementary Schools Inventory 3.8 Library Inventory 3-6 3-8 3-9 3-13 3-20 3-20 3-21 Public Facilities Plan 4.1 Water Distribution Network 4.2 Wastewater Collection and Disposal System 4.3 Drainage and Flood Control System 4.4 Solid and Hazardslls Waste Collection and Disposal System 4.5 Hazardous Waste Treatment. Storage and Disposal Svstem 4.6 Secondary School System 4.7 Elementary School System 4.8 Library system 3-21 3-23 3-24 3-27 3-30 3-31 3-35 3-35 3-35 Policies and Guidelines 5.1 Water Supply Policies 5.2 Wastewater Service Policies 5.3 Drainage and Flood Control Policies 5.4 Solid and HazarilslIs Waste Control Policies 5.5 Hazardous Waste Control Policies 5.6 School Development Policies 5.7 Library Development Policies 3-36 3-36 3-37 3-38 3-49 3-40 3-60 3-61 References 3-62 1. INTRODUCTION The public facilities element of the Chula Vista General Plan focuses on the facilities and services that are controlled by the City through direct administration or contractual agreement, and facilities provided as obligatory services by other public agencies. In the case of hazardous waste treatment. storage and disposal. non-obligatorv facilities provided bv the private sector and not necessarily under the City's control through direct administration or contractual agreement. are also addressed. Excluded are public facilities that fall directly within the scope of other elements of the plan such as Parks and Recreation, Circulation and others. 2. GOALS AND OBJECTIVES The general objective and goal of the City of Chula Vista, as it relates to the infrastructure requirements of the general plan, is to promote an adequate and efficient range of public facilities and services. This will be accomplished by identifying key issues that should be addressed by the Public Facilities Element and establishing the goals and objectives in response to each issue. Issues are statements of either opportunities or problems the City will encounter in providing adequate infrastructure requirements. Goals and objectives are statements of value regarding what should or should not take place during the course of the City's development The issues, goals and objectives which are applicable to the water, wastewater, drainage and flood control and solid and hazardous waste facility requirements are discussed in this section. GOAL 1. WATER FACILITY PLANNING As in many other areas of Southern California, Chula Vista has experienced significant growth over the past two decades. This growth has placed an increased demand on the water distribution and supply facilities for the area. Chula Vista is highly dependent on imported water supplies from the Colorado River Basin and State Project Water from Northern Califomia. In recent years, below average rainfall throughout California coupled with a court decision reducing California's share of Colorado River Water, has increased the importance of proper water management and conservation. It is the goal of Chula Vista take actions, appropriate to its population and resources, to control the growth in demand for water and promote water conservation. Objectiye 1. Promote water conservation through increased efficiency in essential uses and use of low water demand landscaping. Objective 2. Encourage, where safe and feasible, wastewater reclamation and use of reclaimed water for irrigation and other uses. Objective 3. Encourage suppliers to adopt a graduated rate structure designed to encourage water conservation. Objective 4. Actively participate in the agency planning for providing adequate emergency storage and supply facilities for Chula Vista and neighboring communities. WPC F:\HOME'PlANNING\D324P 3-1 GOAL 2. W ASTEW A TER FACILITY PLANNING Chula Vista relies on the City of San Diego Metropolitan (Metro) Sewage System for treating and disposing of the wastewater generated within the general plan area. The City of San Diego has been mandated by the Environmental Protection Agency to upgrade the Metro system to secondary treatment levels. This mandate, coupled with the increased demand on Metro, will result in significant expansion to the existing system of which Chula Vista is part. It is the goal of the City to participate in the regional decision-making process regarding this expansion and to control the growth in demand for wastewater treatment within the general plan area. Objective 5. Continually monitor wastewater flows and anticipate future wastewater increases that may result from changes in the adopted land use. Objective 6. Promote low wastewater generating development where appropriate. Objective 7. Actively participate in the Metro expansion planning process, and where appropriate, evaluate reasonable alternatives to eliminating Chula Vista's dependence on Metro. Objective 8. Assure that new development meets or exceeds a standard of high quality in wastewater facility planning and design and that existing downstream facilities are not adversely impacted by the addition of new development upstream. Objective 9. Resist the addition of permanent new pump stations where gravity flow is at all possible. GOAL 3. DRAINAGE AND FLOOD CONTROL FACILITY PLANNING As growth occurs in the future, the proportional amount of rainfall runoff from each drainage area will increase. As a result, existing drainage and flood control facilities downstream will begin to experience higher flow rates than they have been experiencing or were designed for. It is the goal of the City to properly regulate design of future facilities such that the effectiveness of the existing drainage facilities are not degraded. Objective 10. Required development of on-site detention of storm water flows such that where practical, existing downstream structures will not be overloaded. Objective 11. Assure that new development incorporates a high degree of sediment control as part of their project. Objective 12. Preserve the existing drainage structures in Central Chula Vista where possible to minimize the disruption to the public and the requirement for additional space for larger facilities. WPC F:\HOMIN'LA.NNINCNB24P 3-2 GOAL 4. SOLID ANI> HI.V.RDOUS WASTE CONTROL PLANNING The production of solid wastes in San Diego County, including Chula Vista, has steadily increased on a per capita basis at about 10 percent per year since 1982. Similarly, hazardells waste production has also inereased ...,ith the addition ef new indllstries and teclmolegy. If this trend continues as more development occurs, and based on the availability of suitable disposal sites, Chula Vista could experience a solid and hazar-dolls waste disposal problem. This could mean at minimum a significant cost increase for transporting materials great distances to available disposal sites and the possibility of increasing the number of waste transfer sites within the City. While control and siting of disposal sites falls under the jurisdiction of agencies other than Chula Vista, including the County of San Diego and State of California, the City has the ability to control waste production within its general plan area. It is the goal of Chula Vista to take action appropriate to its population and resources, to promote reductions in solid and hazardolls waste production and plan for adequate disposal. Objective 13. Promote recycling of any material which has a reusable nature. Provide public facilities to handle recycling of materials such as paper, glass and others. Objective 14. Support waste reduction legislation. Objeetive 15 Eneourage development of low hazardous wasle producing indllslries. Objective ~ 15. Support the County Public Information and Education Program regarding solid waste reduction and recycling. Objective ~ 16. Participate in regional planning and evaluation of solid waste disposal sites and alternative methods of solid waste disposal. GOAL 5. HAZARDOUS WASTE MANAGEMENT PLANNING Coupled with population growth in San Diego County is a growth in the need for consumer goods and services. and the industries that produce them. in order to maintain economic stability. However. many of those goods and services contain chemicals or use chemicals in their manufacture and/or packaging. While our qualitv-of-life and economic stabilitv may be largelv dependent upon these products and services. we are also threatened bv the mismanagement of their chemical remains or the hazardous waste generated. Past practice has seen much of the County's hazardous waste generated disposed of in off-site hazardous waste landfills without pre-treatment. A wareness of the inherent public and environmental dangers of such practices has been heightened by recent federal and state legislation regarding the management and disposal of hazardous wastes. The focus of this legislation has been toward increasing public and environmental safety by reducing the hazard inherent in disposal through adequate waste treatment. and toward reducing the volume of hazardous waste produced requiring treatment and disposal. Assembly Bill 2948. State Government Code Sections 25135 et. seq. and 25199 et. seq. (Tanner. 1986). referred to as the Tanner Act. represents a significant move toward the management of hazardous waste in a \VPC F:\HOME'PlANNING\lI324P 3-3 comprehensive and systematic approach. and reauires every County to formulate and adopt a Hazardous Waste Management Plan. The San Diego County Hazardous Waste Management Plan (COHWMP) was prepared in cooperation with local iurisdictions and the San Diego Association of Governments (SANDAG). and approved bv the State Department of Health Services (DHS) in October 1991. Its principal goal is to "establish a system for managing hazardous materials. including wastes, to protect public health, safety and welfare. and maintain the economic viability of San Diego County." The COHWMP serves as the primary planning document providing overall policy direction toward the effective management of hazardous waste within San Diego County. including that within the City's General Planning Area. through establishment of goals, policies, and implementation measures predicated upon the following management hierarchy: .L. Encourage and support hazardous waste reduction and minimization at its source through methods such as alteration of manufacturing processes and/or material substitutions, b Encourage recycling and on-site treatment. 1:. Provide for adequate off-site multi-user facilities to physically or chemically eliminate or diminish hazardous properties. or reduce residual volumes requiring disposal. in a manner which protects public health, safety. and welfare. and 4. Provide for adeauate disposal facilities for treatment residuals. The COHWMP functions as a guide for local decisions regarding hazardous waste issues. and in addition to waste reduction strategies. it sets forth siting, permitting and processing requirements for local review of applications for off-site hazardous waste treatment facilities. As such. each City within the County is required to adopt necessary provisions to implement the COHWMP. Therefore, the following related sections of the Public Facilities Element of the Chula Vista General Plan incorporate the COHWMP bv reference as if set forth herein. and as provided bv law. prescribe those more specific. or stringent. planning requirements and siting criteria reflective of local conditions which shall prevail over the more general provisions of the COHWMP in favor of ensuring the utmost protection of public health. safety and welfare. and environmental resources within the City of Chula Vista. Obiective 17: Develop effective screening processes for new and existing local businesses using hazardous materials and generating hazardous waste to encourage waste minimization. Obiective 18: Promote recycling and alternative technologies for industrial. small business. and household hazardous wastes in cooperation with the County and other agencies. WPC F:\JIOMJN>L\NNING"D324P 3-4 Obiective 19: Establish effective hazardous waste management planning within the City through involvement of the public. environmental groups. civic associations. waste generators. and the waste management industry in decisions on local waste issues and facility proposals. Obiective 20: Ensure the protection of the health. safety. and welfare of Chula Vista residents and the integrity of the City'S environmental resources. through establishment of effective processing procedures. and siting and permitting criteria for hazardous waste facilities. GOAL & Q. SCHOOLS As growth occurs in the City, particularly new residential development, increased demands for school services and facilities will be placed on the school districts servicing the Chula Vista Community. While the control and siting of school sites falls under the jurisdiction of the local school districts, Sweetwater Union High School District and Chula Vita City Schools, it is the goal of the City to facilitate the districts' provision of school services. Objective t.8 21. Coordinate the review of development proposals with the local school districts to ensure that adequate school facilities are available to meet the needs required by the development. Objective 1.1) 22. Coordinate with local school districts during the review of land use issues which required discretionary approval such as tentative subdivision maps, planned unit developments, zoning ordinance and general plan revisions and amendments. Objective ;W 23. Provide the school districts with the development thresholds as proposed by the growth management committee for the agencies' review and comment. Objective ;M 24. To site new school land use designations in a central location within residential neighborhoods. GOAL {; 1. LIBRARY As growth occurs in the City, particularly residential development, increased demand for library service will occur. It is the goal of the City to provide for the expansion of the library system into the newly developing areas and areas not adequately served by existing library facilities. Objective ~ 25. Coordinate the review of development proposals to ensure that adequate library facilities are available to meet the needs of new development. Objective ~ 26. Continue the process of planning and site selection to ensure that new facilities are built in existing area that are not currently served by an adequate library. Objective ~ 27. To site new library facilities in a central location to conveniently serve the surrounding community. WPC F:\HOMlN'LANNING'D324P 3.5 3. INVENTORY OF EXISTING PUBLIC FACILITIES The public utilities and service system is one of the most important considerations in urban development. Urban development and growth is dependent upon the availability of public utilities and services. Conversely, expansion of these is dependent upon thorough planning which in turn is an extension of appropriate and well-reasoned land use analysis and proposal. The facilities and networks which make up the public works "infrastructure" are generally considered as the foundations upon which activity areas are facilitated and maintained. In the case of Chula Vista, the infrastructure may be one of the primary criteria for determining future growth of activity areas. The infrastructure addressed in this element consists of the following facilities: Water Wastewater Drainage and Flood Control Solid and Hazardous Waste Control Generally, the City of Chula Vista is being adequately served by its public works infrastructure. Certain facilities, however, are in need of improvement and upgrading. The following sections discussed in greater detail each of the infrastructure systems and the agencies controlling them. 3.1 WATER FACILITIES INVENTORY The City of Chula Vista's general plan area is provided water service primarily by two major water agencies. These will be discussed below and are shown on Figure 3-1. Sweetwater Authority Central Chula Vista is served by the Sweetwater Authority whose service area within the City is bounded by Interstate 805 and Sweetwater Reservoir to the east, San Diego By to the west, the Otay River Valley to the south and SR 54 Bonita Road to the north. Approximately sixty percent of Sweetwater's system is supplied by gravity from the Sweetwater Filtration Plant. The remainder of the system is comprised of pumped pressure zones at the higher elevations. Source supply for the City's portion of the system is largely from surface water runoff and collection at Sweetwater Reservoir augmented by the San Diego County Water Authority aqueduct system when necessary. Transmission and distribution pipelines ranging in size from 6 inches to 42 inches, deliver water to Chula Vista with a normal operating pressure range of 40 to 90 pounds per square inch (psi). Daily and seasonal peak flow requirements, including ftre flows, are offset by operational storage reservoirs located throughout the City. Total operational storage for Sweetwater is approximately 38 millions gallons with an average daily demand of about 24 million gallons per day. WPC F:\HOME'J'LANNING\D324P 3-6 :e w ... o >- o CJ z - ....... 10 M- >< .w .. ~ I aI -:e II.W ... o >- o a: w ... ; n: > .... L I en ~ <C :IE z 52 en !!! :IE en z <C a: .... .... !!! ..''1 ~ ~ \ \ \ \ '-, ., . .' .' .' . ~?" .~~I I a: .... e Q ~; =>' Q <I ffil ... ~ ... W W ~ o en ~ <C :IE z o ;: ::> !!! a: .... en is .... en )( W " Otay Water District The easterly portion of the general plan area is served by the Otay Water District Otay refers to this area as the Central Area which encompasses three Improvement Districts including I.D. No.5; I.D. No. 10; and I.D. No. 22. Improvement Districts are defined as areas which are assessed fees in relation to the benefit received for constructing water or sewer facilities for that area. These districts were formed on the following dates: I.D. No.5, November 28, 1960 by Resolution No. 123 I.D. No. 10, February 11, 1963 by Resolution No. 265 J.D. No. 22, July 3, 1972 by Resolution No. 986 This portion of the general plan area is bounded by Interstate 805 to the west, the Otay River Valley to the south the Lower Otay Reservoir to the east and the area known as Bonita to the north. Approximately 39 percent of this area is served by gravity while the remainder requires pumping. The system is comprised of five pressure zones (service areas), two water booster pump stations, six reservoirs and two connections to the San Diego County Water Authority filtered water aqueduct system. The aqueduct system supplied by Colorado River Water and State Project Water provides the only supply source to this area. Pipelines range in size from 6 inches to 30 inches and current total storage volume is approximately 32 million gallons. The average daily demand for the system is about 4.5 million gallons per day. WPC F:'HOMIN'UNNING'lJ324P 3-7 (II I CO) :E . w .. ... ::I CI) !:!~ II. CI) II: W i w ... CI) ; CJ Z - ... ... w CI) CJ z - ... CI) - >< W I I ~ \ \ \. \. '-, ::E w .. CD > II) o a: .. w ::E .., ... > .. a: w it w CD " z :> . ~ .. ~ .. ~ )( w - ..: > .. ~; ..g w.. ::Eu .w ..z CDZ -0 1;ju " 3.2 WASTEWATER FACILITIES INVENTORY As a member of the City of San Diego Metropolitan Sewage System, Chula Vista currently has contracted for capacity rights equaling 17.1 mgd average daily flow. Including the 2.0 mgd metro capacity rights that were acquired when Chula Vista over the operation of the Montgomery Sanitation District brings the total contract capacity to 19.1 mgd for Chula Vista. The City of Chula Vista operates and maintains its own sanitary sewer system. This system consists of approximately 270 miles of sewers ranging in size from 6 inches to 36 inches, 10 raw sewage pump stations and three independent metered connections to the City of San Diego Metropolitan Sewer System (Metro). Figure 3-2 illustrates the major components of the existing wastewater system. The northern portion of the City gravity flows into the Spring Valley Interceptor which is generally located in Sweetwater Road. This line is owned and operated by the County of San Diego. This line is owned and operated by the County of San Diego, which leases 11.4 million gallons per day (mgd) to Chula Vista. Presently, the City contributes 1.4 mgd to this line, which terminates at a connection to Metro near Sea Vale Street. Central Chula Vista transports its wastewater flows to Metro via two major trunk sewers. The first major line being the "G" Street trunk sewer, which receives tributary flows from the area bounded by "D" Street south to "H" Street. This trunk sewer terminates at a metered connection to Metro located off "G" Street just west of Bay Boulevard. Existing wastewater flows in this line represent approximately 2.6 mgd. The second trunk sewer serving Central Chula Vista from "H" Street south to Naples Street is located in "J" Street and Telegraph Canyon Road. This line begins in the east on Otay Lakes Road near EastLake Drive and terminates at a metered connection to Metro located at the end of "J" Street west of Bay Boulevard. This trunk sewer currently transports 3.9 mgd of Chula Vista wastewater flows to Metro. The southern portion of Chula Vista is served by the Main Street and Faivre Street trunk sewers. These lines generally parallel each other beginning on the easterly side of the Interstate 805, and ending at a single connection to Metro at the end of Faivre Street. The two lines join in Industrial Boulevard prior to making the Metro connection. Presently, 4.1 mgd worth of flow is being metered at this last connection. The total Chula Vista wastewater flow into Metro is therefore 12.0 mgd at this time. 3.3 DRAINAGE AND FLOOD CONTROL FACILITIES INVENTORY The City of Chula Vista operates and maintains its own drainage and flood control facilities. This system, as shown in Figure 3-3, is made up of improved and unimproved flood control channels, storm drains, bridge crossings. detention basins and various other facilities. These facilities range in age from recently constructed to in excess of 30 years old. In general, the existing structures are in good condition and free of debris and sediment. The single, largest maintenance problem the City has experienced over the years has been maintaining the unimproved channels in a clear condition, free of vegetation and other debris such as shopping carts. Obstructions of this nature have historically caused stream blockage and remote flooding if left unattended. WPC F:\HOME\PlANNING'DJ24P 3-9 ..: > .... z 0; '"' ID ... ~ Z ~ CJ < z IS - . t- . t- . W . . (/) . . . CJ . Z . . - ... .... . t- . .. (/) . . x . . . W . .... I . . ... - (/) . ..: w > .... - t- II) - ... .... . I ... - . I z C') ~ . z i '"' I . :r C') I&. . U . i .... > . 0 . 0 ... . ... ... ... . i > ~ a:: ... . 0 !?! t- > '"' . ! '" ... > IL I&. Z ... . . :! ... ... '" '" . . 0 '"' 0 ... '" . Z > .... ~ .... CJ .... '" '"' Z II) '" ... ~ > ::I g > ... U )( C '" '"' ... ... "- ... U .... 0 U 0 ::I ~ ~ ... 0 0 '" g i '" IL II) U .... I&. 0 ... N C')..." CI) ... ... ... ... ... ... C Z C Z z W > > ~ U ~ (,) Ie III % - II) Z ... z !!! 0 IL ..: Z z ... > Z 0; C > '"' > '" U > > '" '" .... - ::I 0 U U 0 C c; '"' CI . 0 c:J ~ ... ... ID ... . II) a:: ... z CI Q :> ~ ... , . ... c i g '"' 0 :r ... . . ... II) IL '" U % .... . Z . ~ . N C').. ."CO"'" CD . :r ... . U . . 0 . ... 0 > Z 0 '" ... IL ::I CI Z ... :> ... ,.: !! )( ... As in all systems of this nature, the existing drainage and flood control facilities have their limitations. Development of the system by the City has been guided, over the years, by the use of numerous studies and reports including primarily the 1964 drainage master plan report prepared by Lawrence, Fogg, Florer and Smith. The most significant hydraulic problem with drainage in Chula Vista is the downstream portions of the numerous natural drainage channels which have been developed over the years. Initially, runoff was directed into the natural, or possibly improved channels, or into storm drain trunk line. As the upstream portions of the drainage areas developed, the load on the downstream system increased. In some instances this has resulted in occasional downstream flooding because the existing systems are not able to convey the runoff adequately. The problems and constraints of the major drainage courses are described briefly. Palm Canyon is located in southeast Chula Vista and drains to the Otay River. The upstream portion has been lined through the developed area and is in good condition. The downstream section, with outfall to Otay River, is heavily vegetated and there are significant flow constrictions at several culverts. Poggi Canyon also is located in southeast Chula Vista and drains to Otay River. The upstream portion has been lined through the developed areas. The downstream portion and outfall to Otay River are heavily covered by brush. Sediment deposition in a box culvert at Otay Valley Road if left unattended will reduce the effective hydraulic capacity of this facility. There is potential for substantially increased flows in this basin due to the availability of undeveloped land in the upper canyon. Telegraph Canyon is located in Central Chula Vista and drains to San Diego Bay. The portion of channel above Hilltop Drive has been lined through the developed area and is in good condition. Sections of the downstream portion below Hilltop A venue appear undersized as evidenced by recent high waters through the channel. There is a potential for substantially increased flows in this channel due to new development in the upper canyon. Central Area Basin is located in north Central Chula Vista and drains to San Diego Bay. The channel has a few areas of lining but nothing significant. This area is not subject to substantial new development so runoff should not be increased greatly in the future. However, this channel appears too small to convey 100-year storm flows. Lower Sweetwater is located in norther Chula Vista and drains to San Diego Bay. This is an area that will be channelized as part of the Corps of Engineers flood control program. This area has historically experienced flooding during significant rainfall, however, the Corps of Engineers project should alleviate this problem. WPC F:\J-IOME'PLANNING"D324P 3-12 Upper Bonita Long Canyon is located in northeast Chula Vista and drains to Sweetwater River. The channel has been lined in the upstream areas and appears adequate for existing development There is a potential for substantially increased runoff due to the availability of land in the upper canyon. The lower canyon development has encroached into the flood plain, and increased runoff from developing areas in upper canyon may cause future problems. 3.4 SOLID f.NI> JU.U.RDOUS WASTE COLLECTION AND DISPOSAL FACILITIES INVENTORY ~:IHRieipal SaHel ~'aste Control of the solid and hazardous waste collection and disposal for the general plan area fall under several jurisdictions. Regional planning and management for San Diego County's solid wastes are administered by the San Diego County Solid Waste Division of the Department of Public Works. This agency is responsible for revising and updating the "Regional Solid Waste Management Plan" (RSWMP) which reviews current solid waste collection and disposal practices, predicts future waste generation trends and reviews the possible means for accommodating future collection and disposal needs. This document is the major planning tool for the County and includes solid waste planning for all of the cities within the County. Collection and disposal of solid wastes are the responsibility of each city for its residents. The City of Chula Vista and the communities in the sphere of influence contract private collection agencies to assume collection and disposal responsibilities for their residents. The following collection agencies services the sphere of influence at present: Chula Vista Sanitary Service American Trash Service J amul Services EDCO Disposal Corporation Chula Vista Sanitary Service collects municipal refuse from Central Chula Vista, Bayfront, Montgomery/Otay, Telegraph Canyon/Lakes, Sunnyside and Bonita within the planning area. This agency as a 17 -year contract with the City of Chula Vista and has the ability to expand their operation to meet the long range needs of Chula Vista area. American Trash Service provides collection service for the South Bay area. Within the General Plan Area, American Trash Service collects municipal refuse from the Bonita community. This agency also services the communities of Sweetwater, Dulzura, Jamul, Spring Valley, and Casa de Oro. Jamul Services collects wastes in the Bonita, Jamul, Casa de Oro, and Dulzura areas. EDCO Disposal Corporation also provides collection service for the Bonita community. WPC F:\HOME\l'IAN1\'INCNJ324P 3-13 For waste disposal, there are currently nine landfills in San Diego County. These are shown in Table 3-1. Figure 3-4 depicts the existing solid aHd hazardells waste disposal sites within the general plan area. Wastes collected in the Chula Vista area (approximately 131,000 tons per year in 1985) are disposed of at the Otay Landfill. This facility is located north of Otay Valley Road on the south side of Chula Vista and serves the Cities of Chula Vista, Coronado, Imperial Beach, National City, and San Diego. Otay Landfill was opened in February of 1966, and the expected worst-case closure date is 1999. The worst-case scenario, according to the Regional Solid Waste Management Plan, assumes that no new facilities are added to the region's existing disposal system, and average annual waste generation increases by 5% per year. Under this plan, Otay Landfill will be the last landfilling the region to close. Specific data pertaining to the Otay Landfill design are as follows: Landfill size - 294 acres Tons received per day (1986) - 1,380 tons/day Remaining volume - 25,800,000 CY or 15,480,000 tons In-place density of compacted trash - 1,200 lbs/CY minimum Property size - 515.64 acres Cut slope - 1:1 or 1.5:1 Fill slope - 3; 1 Existing disposal operations at each of the County's landfills are reviewed continually by the County and the City of San Diego to detennine if operation or design changes would allow extended use of the site. Such changes may include height and slope modifications for active work areas, increased in-place density of compacted trash and acquisition of additional acreage to expand existing site capacity. There are at present no plans for expansion of the Otay Landfill due to public resistance to additionallandfilling in the area. 3.5 HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES INVENTORY Jlazard8HS ':t.'aste The San Diego Ceunty Hazardees Waste ManagerneHt Plan is the primary planHiHg docllment providing the overall pelky directioH teward the effective management of the County's hazardeus waste of which the geHeral plan area is part. This plan was published by the CellHty ef Sail Diege iH draft form on March 31,1988 and is cerrently ,mdergeiAg an e"teHsive review process. TIle fJlaR establisHes programs to manage Hazar-dous waste saf-ely witHiR tHe COURt)' aRa is tile gllide f-er local decisions regardiHg hazardous waste issees. The plan was prepared pllrGuant Ie ~tale .^.ssembly Eill 2948 (Tanner, 1986) wl1icH autHorizes local government to develop comprehensive hazardolls waSle managemeAt plaAs, streamlines the pennitting precess f-er hazar-dolls waste treatmeAt facilities and prehibits the disposal of IIntreated hazardous waste iH landfills as ef May 8, 1990. WPC F:'lHOMBPI.J\NNINQ\()324P 3-14 '~nn.nn.a* nnnn.:~~~~~~~ uo.~"r;;7~.nn. : . . ~~~~~ uu.u~"~.=~.. ... . = . u~.~~.UUUU",=::: .. =~nO~ TABLE 3-1 EXISTING LANDFILLS IN SAN DIEGO COUNTY REMAINING EXPECTED C~ACITY CLOSURE LANDFILL LOCATION yd /tons) DATE Borrego Landfill Northeast Co. 510,000/ 2005 306,000 Ota y Landfill South Chula 25,8000,00/ Vista 15,480,000 Ramona Landfill Central Co. 104,000/ 1988 62,400 San Marcos LF San Marcos 7,000,000/ 1991 4,200,000 Sycamore Landfill Santee 36,400,000/ 1997 21,840,000 West Miramor LF North of 29,400,000/ 1995 Clairemont Mesa 17,640,000 Montgomery LF Kearny Mesa area 273,000 (1) 1989 City of San Diego Las Pulgas LF Camp Pendleton 2,600,000 2010 Ysidora Basin LF Camp Pendleton 12,000,000 2099 Source: "San Diego County Regional Solid Waste Management Plan", 1986. ....................... .......... ...:$i::::::... .::::..... . ::."J:::"::......:"::.. . .... .... ....... ....... ..... .. '" ~ '" w ., w ",'" w>- >- ...< ...... '" ::>0 C .. z ::> 0 . ... .. ... ... ii u: .. ... CI z z C w Z ... i! - w .... ... c .... .. .. W c '" . ... CI) .. .. ... CI ::; .. Z 0 ; - .. .... ~ .. CI) i! ::> - 0 0 >C .. W .: '" c .. N I ii c w Z W = . .... I CI) u CO') J ... . .. :lei) ,gI::::I u.O 0 II: c( N c( X 0 Z c( 0 - ...I 0 - eI) w .. ~ ... .. ii 105 ... ... ,..~~ C C .. .. "",~ Cl2 0 ,...~~ .. z!! !! ~'fI"''I !I io 0 w.. .. ""f. ..... ... z.. .. Wc ; "'. .... ~.. c::> C::> So "'0 e"''I 00 0.. ... ... O\f.GO "'c ...c !!N "N ~ MC MC IIZ "Z Collection, transporting, treatment, and disposal of hazardous wastes are the responsibility of the generators of such wastes. Hazardous waste generators incur both fmancial and environmental liability due to collection, transporting, treatment and disposal of hazardous wastes generated. Therefore, hazardous waste generators must select transporters and treatment/storage/disposal facilities (TSDF's) with utmost scrutiny. Similar scrutiny applies to State. County and local government whose responsibility it is to regulate generators and transporters. and to safelv site. license. and monitor TSDF's to ensure adequate capacity is available to handle the waste stream in a manner which protects public health and safetv. and the environment. Chapters III and IV of the COHWMP provide general information regarding waste generation, transportation. treatment. and facility operation. including a legislative historv. Chapter VII provides a comprehensive inventorv. of existing TSDF's within San Diego County. including the APTEC II facility located within the General Planning Area at Otay Landfill. Figure 3-5 depicts the location of existing TSDF's within the County. A copv of the COHWMP. as may be amended or revised from time to time. is on file in the Office of the City Clerk. TraHsperters There are seyeralliceHsed hazardous waste transporters operatiAg iA SaH Diege CellAty. These agencies are liceAsed by BPI. and are issued identificatioA numbers. Table 3 2 shows a list sf haz<H'dells waste haulers aloAg the services they provide. Disposal There are very few fully operatieAal hazardolls waste disposal facilities if! Sellthern California. Most facilities are eperating IInder permit status and are Aet flllly permitted, while some facilities are He IOAger accepting hazardous wastes. l\t present, there are t'/\'o majer hazardous .....aste landfills iA California Kettleman Hills Landfill Hear Kettleman City, and Casmalia Resources Landfill near Santa Maria, The BKK Landfill iH 'Nest Coyina, OACe a hazardolls waste disposal facility, AO longer accepts hazardous wastes as ef 1984. The Kettleman Hills Hazardolls Waste Facility is ewm,d and eperated by Chemical Waste Management, IHc. The facility currently eperates fi'le sIJrface impellf!dments and OAe landfill (211 acres) which are beif!g eJll'anded to 263 acres. Solyents are l'ennitted te be landfilled accor-ding to the 1984 reglllations and are sent elsewhere to be incinerated. Chemical Waste MaRagement is in the process of permitting a hazardolls waste incinerator for this facility which is e"pected te be eR liRe by 1989. l.lse, twe additioAallandfills are proposed as well as ads nelltralizatieA at Kettleman Hills. WPC F:\HOME\PLANNINQ\D324P 3-17 The Casmalia Resollrees facility is located 10 miles selltH ef Santa Maria, Califernia, aRB is owned and eperated by Hllnter Resollrces, Ine. THis facility censists af a 200 aere Hazamells waste landfill, slIrface sterage, an air treatment unit and aeid/aYcaline treatment f-er metals remaval. The facility ewners ellrrently awn 1,300 acres on the site, and it is likely that the present facility '.vill be expanded. Even with the aceessibility af these facilities, same hazardous wastes generated in this area are transparted te ather states sllch as Texas and Lellisiana fer dispesal. Bases en 1981 estimates by the Department ef Health Services, traRsperting ef wastes to other states fer dispasal san be cast effeetive. If this cantinues te be t-fie trend, it appears that disposal af hazar-deus wastes Ollt ef state cOllld be a feasible alternative fer meeting fllture hazardells '.vaste dispesal needs. THere are presently twe nen actiye hazardous waste dispesal sites within the General Plan .\rea. Tllese are t-fie elesed (hazardolls waste) dispesal sites at the Otay Landfill and the Omar Rendering facility both leeated on Otay 'l alley Road. The Otay Landfill hazardous waste dispesal site eeellpies appreximately 22 aeres and received wastes ranging frem acids to selyents aRd pestieides. The Otay Landfill faeility is currently undergoing preliminary site inyestigations for determining the potential for release of hazardous substanees, and a c10sllre plan is being fermulated. The Omar Renderings site has been designated as a State Superfllnd site and is sehedllled for a Remedial Investigation Feasibility Stlldy in late 1988. Tile areas located adjacent Ie a Aazardous waste site are classified as "border zone preperty", and are defined as any preperty wllich is within 2,000 feet of a significant hazardolls waste disposal site. The land surrounding t-fie aforementioned disposal sites .....ill be sllbject Ie land IIse restrictions as "border zane property". f,ecer-ding to the regulatiens, after a land is designated a "hazardolls waste property", no censtrlletion can eeem en the land without a specific varianee approved in writing by the State ef California Department ef Health Services. Further evaluation of these sites '.vill be cempleted by tHe Department of HealtH Services in tHe next five years. WPC F:'HOME\PlANNING'il324P 3-18 ,. Appropriate Technologies Chull Vilta 2. PRC San Diego 3. Baron-Blakeslee San Diego .. NAS North Island Coronado 5. "'pper Oil National City e. Safety Klein San Diego 7. Triad Marine San Diego FIGURE 3-. EXISTING OFF-SITE FACILITIES IN SAN DIEGO COUNTY JUNE 1992 8 EXISTING OFF-SITE HAZARDOUS WASTE TREATMENT' STORAGE FACILITIES CD , ,. ". _ _........ by 1M ~s.n 111<..... .\...."')(.L-\TIO:l; OF (j()\'EK....M!'-\-n; 3.e ~ SECONDARY SCHOOLS INVENTORY Secondary school facilities within the City of Chula Vista are provided by the Sweetwater Union High School District. the district operates senior high schools, junior/middle high schools, adult education schools and a continuing education school. Ten of these facilities are located in the City. The California Basic Education Data System (CBEDS) enrollment prepared for the 1988-89 school year showed that the district has an enrollment of 26,845. The schools in operation for the 1988-89 year have been designed and constructed to house a total of 22,648 students. To mitigate overcrowded conditions, the district houses students in temporary classrooms such as trailers and relocatable structures. Through the use of previous CBEDS enrollments and demographic analysis, the district projects an enrollment in excess of 35,377 by the year 1993. Based on these projections, the district will require a minimum of seven new secondary facilities to meet the increased demand. A new senior high school will be located in the EastLake Planned Community. It is anticipated that this school will house 2,400 students. Additionally, a middle school site is anticipated to be located within the Rancho Del Rey Phase III development. That school should house approximately 1,400 students. 3.' Z ELEMENTARY SCHOOLS INVENTORY Elementary school facilities within the City of Chula Vista are provided by the Chula Vista City School District. The district is currently operating 30 schools. Ten of these facilities are on year-round schedules with the remainder on the traditional school calendar. CBEDS enrollment prepared for the 1988-89 school year showed District enrollment at 16,179. Existing schools have been designed to house a total of 600 students each. To mitigate overcrowded conditions. the district currently utilizes relocatable classrooms. Through the use of previous CBEDS enrollments and demographic analysis, an enrollment in excess of 20,800 is projected by the year 1985. Based on these projections, the district will require a minimum of seven new elementary facilities to meet the increased demand. A new elementary school will be located in the EastLake Planned Community. It is anticipated that this school will house 650 students and be in operation in 1989. A second new school will be located on the Windrose Way near the Terra Nova Center. Additionally, a school site located within the Sunbow development is planned. WPC F:\HOMBPLANNINQ\lJ324P 3-20 3.+ ~ LIBRARY INVENTORY The City of Chula Vista currently operates the Civic Center Public Library on "F" Street in Central Chula Vista and two neighborhood branch libraries in the Montgomery area. The City has adopted a standard of 0.5 to 0.7 square feet of library space per capita. 4. PUBLIC FACILITIES PLAN The required public facilities necessary to provide adequate service for the proposed land use is discussed in this section. Recommended improvements presented herein were the results of numerous studies and reports prepared by the control agencies and outside consultants. These facilities would require implementation as development occurs in order to guarantee that he high quality of public utilities and services continues to be the standard that Chula Vista enjoys today. The infrastructure addressed in this element consists of the following facilities: Water Wastewater Drainage and Flood Control Solid and Hazardous Waste Control 4.1 WATER DISTRIBUTION NETWORK The recommended future system improvements that will be required in order to accommodate the planned growth for the general plan area are shown in Figure 3-~ Q and are discussed below. Sweetwater Authority In 1985, a Water Master Plan Update was prepared which reviewed the adequacy of the total system, including Chula Vista, at build out conditions. This report used the then current Chula Vista General Plan for plotting various land use categories for the service area. Based on this data, in conjunction with historic water usage data per land use category, ultimate water demands were projected and hydraulic analyses were performed. The report concluded the following: (1) The supply facilities will require expansion to meet future requirements. The supply facilities are defined as the water treatment plant, the raw water pump station to supply the treatment plant, the aqueduct service connection (filtered water) and the local wells. Recommendations include treatment plant expansion to 45.4 mgd (30 mgd currently) and a connection of the Water Authority's raw water aqueduct system to Sweetwater Reservoir for off-peak storage. WPC F:\HOME\PL\NNING\D324P 3-21 .: >- ~ '" .., ~ II. < >- ~ ~ z '" 2 ~ '" !!1 < ~ ~ '" z z < 0 a: >= ~ ~ .. ~ ii: !!! ~ !!! CI l ., a: ~ ~ ~ i ... \ \ \ \ \ '! z c( ... CL. CO ::! I W - CO) ~ .: II en , >- ~ .. > :Sen '" CI I z u. a:: .j/lrr < w ~ ~ z ~ I ~ 0 >= >1 ~ ~ ., . !!! .' ~ :i a: .' ~ .' 0 a::. ~ '" 01 ~ c Et- ; ~ CD ::>: Q )( <I ., a::i u.,..- ~ I == . \ ~ w w == CJ) (2) A comprehensive study needs to be initiated to review the long-term water supply of the Sweetwater Authority. (3) The existing water transmission mains will need bolstering for buildout condition. Due to the lack of interconnecting pipelines between National City and Chula Vista, Chula Vista is dependent on a single 36-inch pipeline under the 1-805 freeway for supply. Should line fail, stored water in Chula Vista would soon be expended and supply curtailed. The Authority is in the process of implementing a series of interconnections which will help to alleviate this problem. (4) Approximately 63 percent of the required ultimate storage volume is presently in place. An additional 18 millions gallons of storage will need constructing prior to buildout. (5) Numerous pump station expansions will be required in order to meet future system requirements. (6) Within the City of Chula Vista, the existing water distribution system will require only a nominal amount of improvements in order to accommodate buildout. (7) Sweetwater's main water supply, the Sweetwater Reservoir, will require improvements in order to protect the water quality from the degradation effects of urban runoff. The Authority is currently in the first phase of implementing a runoff protection system for the reservoir. (8) The ongoing cast iron water main replacement program should be continued and the old steel water mains, which are approaching their expected life span, should be added to the pro gram. It was concluded by the Water Master Plan Update that future master plan updates should be conducted at five-year intervals or whenever land use designations are modified. Otay Water District In 1987, Otay Water District prepared the Central Area Water Master Plan Update which evaluated the system requirements at buildout conditions. Limited land use data was available for the majority of the service area. However. conservative land use assumptions were used in conjunction with specific plan development proposals for definitive projects sucp as EI Rancho del Rey and EastLake as the basis for future water demand projections. The land use data used in that report differs from the general plan designations particularly in the easterly and southerly areas of the service area. The system evaluation prepared by an outside consultant, subsequent to the Otay report, used the general plan land use information and resulted in conclusions and recommendations very similar to the Otay report. The following presents the required future system improvements based on the previous analyses: (1) The projected ultimate average daily water demand for the general plan service area within the Otay Water District is 45.5 mgd. WPC F:\J-IOMBPLANNING'D324P 3-23 (2) The water supply connections to the SDCW A aqueduct system should be adequate for ultimate conditions although they will require further analysis at a later date as water demands on the aqueduct system increase. (3) Numerous water transmission and distribution pipelines will be required in the future to provide adequate service. These generally fall into two categories including: a) paralleling existing lines, and b) installing new lines into areas that previously had none. (4) Approximately 70 percent of the required operational storage is presently in place. An additional 14 million gallons of storage will require construction prior to buildout. (5) The service area is seriously deficient of emergency storage in the event of an aqueduct failure. Approximately 163 million gallons of storage will require construction in the future to accommodate anticipated growth. The District is currently pursuing the fIrst phase of this objective. (6) The two existing pump stations will require expansion in the future. In addition, a new pump station will need to be built in the highest pressure zone to service the upper elevations. (7) The area within the Otay Ranch, east of Medical Center Drive, north of the Otay River, west of Lower Otay Reservoir and south of Telegraph Canyon Road should be served by separate facilities as determined at the time development plans are proposed. (8) A comprehensive study needs to be undertaken to review the long term water supply and storage alternatives for the general plan area and the San Diego County as a whole. 4.2 WASTEWATER COLLECTION AND DISPOSAL SYSTEM In 1987, the City retained an outside consultant to evaluate the adequacy of the eXiStIng wastewater system for the year 2005 and buildout conditions. The proposed land use information and population densities contained in the general plan were used to estimate future wastewater flows for the city. Based on these flows, each of the major wastewater facilities were examined for defIciencies. In general, the study concluded that a major modification to the existing system was not required at this time. However, the results did indicate that certain additions and improvements to the system would b necessary to accommodate the projected future sewage flows. The recommended major facility improvements are shown on Figure 3.6 and are reviewed below. WPC F:\HOME'J>LANNING\D324P 3-24 Based on that study, the average daily wastewater flow at buildout conditions is estimated to be 29.6 mgd. For the year 2005, the projected average daily wastewater flow is approximately 25.0 mgd. The following presents the conclusions and recommendations of the facility analyses based on these flow rates: (1) Numerous interceptor and trunk sewer improvements will be required in the future to provide adequate service. The improvements generally fall into two categories including: a) paralleling or replacing existing sewers, or b) installing new lines into areas that previously had none. The Central Chula Vista and Bayfront planning areas will require the least amount of new lines. The exception in this area would be the southerly portion of the main Street and Faivre Trunk Sewers which will require almost complete paralleling to accommodate future flows. This is largely the result of having to provide transmission capacity for flows generated in the Eastern Territories planning areas of Salt Creek, Wolf Canyon and Poggi Canyon. The Sweetwater planning area will require new sewers in the areas of Proctor Valley and Wild Mans Canyon. The existing sewers east of Interstate 805 generally appear to have adequate capacity for future growth. The Eastern Territories planning area will require the highest amount of improvements largely resulting from the predominantly undeveloped nature of the area. The majority of the recommended sewers in this are would be categorized as new lines for service areas that previously had none. Drainage basins to be improved include Telegraph Canyon, Poggi Canyon, Wolf Canyon, Salt Creek and the Otay Valley Area. (2) Several pump stations will require expansion prior to ultimate flow conditions. In addition, it is likely that new temporary pump stations will be constructed by developers in Eastern Territories planning area as an interim measure for providing wastewater service to areas that currently have no sewer system available. These temporary pump stations should be avoided when reasonably feasible and should be taken out of service as quickly as gravity service becomes available to the general area. (3) Ground water or storm water infiltration to the sewer system was not seen as being a significant problem during the study period. However, the winter of 1987 was below average in rainfall (11.6 inches as compared to the eleven year average of 16.0 inches) and as such the results were considered non-conclusive. Infiltration should be further analyzed in subsequent studies during periods of normal or above normal rainfall conditions to properly evaluate this potential. The low lying areas of the Sweetwater River Valley and Otay River Valley should particularly receive close scrutiny. WPC F:\HOME\PLANNING'il324P 3-25 (4) The City of Chula Vista has adequate capacity rights in the City of San Diego Metro Sewer System to accommodate future growth. With a present total flow to Metro of about 12.0 mgd and contract capacity of 19.1 mgd, 7.1 mgd is currently available for future development. However, Chula Vista will require additional treatment capacity in order to accommodate the ultimate buildout flow rate of 29.6 mgd. The City of San Diego's Metro Sewer System is currently undergoing major changes. The Environmental Protection Agency (EPA) has mandated that San Diego convert their existing advanced primary treatment facility at Point Loma to secondary treatment. The net effect of this conversion is a significant reduction in that plant's treatment capacity. With that reduction and without other system changes, it is likely that San Diego would not be handle their contract flow rates from the member agencies including Chula Vista. With this in mind, San Diego is in the planning process of upgrading the overall Metro System which includes interceptors, pump stations and new treatment plants. Chula Vista is an active member of this planning process to guarantee that their best interests are being addressed. Chula Vista has several options available to them for obtaining the necessary future treatment capacity. They can continue to contract with San Diego for capacity in metro, as they have in the recent past, including increasing the contract capacity to accommodate the anticipated future flows. The required Metro upgrades will come out of the planning process are likely to be quite expensive. These costs will be passed on, in part, to the member agencies which will increase the cost of treatment to Chula Vista. Although no definitive numbers are available at this time, it is thought that the cost San Diego would have to charge member agencies for treatment could be between three to four times as great as it is now. Another option available to Chula Vista for obtaining the required treatment capacity would be to construct their own treatment facility. Although this alternative would have many obstacles in its way prior to being implemented such as environmental considerations, land availability, and general acceptance by the Chula Vista citizenry, it may prove to be the most cost effective method of wastewater treatment and disposal available to Chula Vista. Still another available alternative would be a blend of both above alternatives where Chula Vista would treat a portion of their wastewater and divert the other part to Metro. Due to the uncertainty with respect to the outcome of the Metro planning process, no reasonable decision can be made at this time for directing Chula Vista's future preferred method of treatment and disposal. This will be evaluated in greater detail in an upcoming study presently authorized by the City. WPC F:\HOMPPLANNING\D324P 3-26 (5) Reclamation should be reviewed in significant detail during the upcoming study already authorized by the City. Although reclamation did not appear to be cost effective during the most recent study, this conclusion could be significantly affected by the outcome of the ongoing Metro planning process. If Chula Vista were to construct their own treatment plant or the City of San Diego's new plant were to be located in closer proximity to Chula Vista, the cost to provide reclamation facilities would be reduced. Presently there appears to be about 0.35 mgd worth of demand for reclaimed water within Chula Vista including greenbelt areas, freeway landscaping and others. At ultimate this demand could be in excess of 1.0 mgd for for similar areas in newly developed portions of the general plan area. Conversely, if the use of reclaimed water was mandated by the City for developments that could use it in an effort to lower the drinking water demand, reclamation would not have to be completely cost effective to be implemented. With the scarcity of water in Southern Califomia, many agencies are approaching reclamation from this standpoint. Chula Vista is currently reviewing their reclamation opportunities and long range planning. 4.3 DRAINAGE AND FLOOD CONTROL SYSTEM In 1987, the City retained an outside consultant to evaluate the adequacy of the existing drainage and flood control facilities at the General Plan buildout conditions. The proposed land use information contained in the General Plan was used to estimate future runoff volumes based on the 100-year flood conditions. Based on these estimates, each of the major basin and sub-basin drainage and flood control facilities were examined for deficiencies. The level of effort expended in these analyses was not intended to produce a comprehensive master plan, but to provide the initial studies leading into a detailed master plan which Chula Vista has subsequently authorized. The results of the initial study were sufficiently detailed to provide specific proposed improvements as to the required hydraulic capacities, facility sizing and location and overall system configuration. In general, the study concluded that a major modification to the existing system configuration was not required. However, the results did indicate that certain additions and improvements to the system would be necessary to accommodate the 100-year flood conditions (shown in Figure 3-7). The proposed improvements fall into two general categories including: I) drainage and flood control facility design criteria for use in guiding developer improvements, and 2) specific basin improvements. The proposed design criteria and overall system philosophy included the following: (1) Hydrology. The City should use a lOG-year return frequency storm as a basis of design. This is because the 100-year event is the accepted standard for most municipalities for new development, the Federal Emergency Management Agency, the California Coastal Commission, the County of San Diego and most other State and Federal agencies. WPC F:\HOME'PLANNING'D324P 3-27 z .C( .... A. ::E W .... .... I en C') >- . en ... a: ::J QW u. !c :c: W .... en ~ ! L, i ..: > ... II: w :t w '" '" z ;;) II: ... o W '" o ... o II: ... \ \ \ \ \ L, i ! i I ..: > ... II: w :t w '" '" z ;;) II: ... ..: !!? x ~ w ... '" > '" o II: ... w ~ ... !!? x w L ..: > ... ~~r o ::! w- ~t .w ...z !!?z xO we.> (2) Sediment Control and Grading. The City of Chula Vista has no standard for sediment control. Consideration should be given to instituting requirements for sediment control, especially since Chula Vista is experiencing a significant amount of new development. Much of this development is taking place in the upper canyon areas. These areas have a high potential for large volumes of sediment. If there is no control over the sediment, it is likely that problems will result in the lower canyon areas as the sediment falls out and reduced cross-sectional areas of culverts and channels. (3) Detention Basins. Chula Vista is somewhat constrained by the existing storm drainage facilities in the lower canyons and in the metropolitan area. Some of these facilities were adequate for the initial development phase, but as the upstream areas of the . drainage basins have developed there has been an increased load on the facilities. Because of the cost and difficulty in increasing the capacity of the existing drainage facilities, use of detention basins as an alternative means for flood control should be considered. This should be determined on a case by case basis. These detention basins can be constructed within the newly developing areas and serve to detain the runoff peaks long enough to reduce the load on the downstream channels and storm drains. (4) Hydraulics. The existing City criteria establishes minimum criteria for both open channels and closed conduits. This criteria is consistent with similar requirements throughout San Diego County and so no changes are proposed. The following presents the proposed general drainage and flood control improvements for the thirteen basins within the Chula Vista General Plan Area: (5) Central Area and Judson Basins. For basins with peak storm flows approximately equal to those in the Fogg Report, no new recommendations are made. Recommendations included in the Fogg Report are considered still valid, especially for the Central area and Judson basins. This includes channel lining, culvert installation and other general improvements. (6) Telegraph and Poggi Canyon Basins. These two basins will experience the highest level of new development based on general plan. Both canyons have severely limited downstream capacities and will require significant improvements. For the most part, the downstream capacities of the canyons are limited by the culverts and to a lesser, but still significant extent, channel conditions. The options considered in the improvement of the channel conditions were cleaning and maintaining the natural channels, lining the channels with rock riprap or lining the channels with concrete. The proposed channel improvements for this basin were a combination of all three. WPC F:\HOMBPLANNINCNJ324P 3-29 The options used for increasing culvert capacity included larger box culverts and bridge structures. The bridge structure resulted in a more cost effective solution for increasing the capacity at crossing structures. (7) Salt Creek Basin. Salt Creek Basin and Use development is proposed to occur around the perimeter of the basin, with a large open area in the center. This open space would incorporate the existing drainage path of the Salt Creek Basin. The proposed improvements for this basin include requiring the developers to detain excess flows so that the peak runoff and velocities do not exceed existing conditions. This would allow the existing, natural channel to remain unchanged. Miscellaneous culverts and channel outlets would be required. (8) All Remaining Basins. For remaining basins including Palm Road Basin, Sunnyside Basin, Wolf Canyon Basin, Rice Canyon Basin, Glenn Abbey Basin, Otay Lakes Road Basin, Long Canyon Basin and Harborside Basin, proposed improvements included detention basins, culverts, bridge structures, grade control structures and lined channels. The City should prepare a comprehensive master plan to assist Chula Vista in guiding the orderly and cost effective development of overall system up to the year 2005 and beyond. Chula Vista is currently proceeding with this recommendation. 4.4 SOLID f.ND H.'.ZARDOUS WASTE COLLECTION AND DISPOSAL SYSTEM In 1987, Chula Vista retained an outside consultant to evaluate the solid aAd hazardells waste control requirements for the general plan area. Future waste projections for the planning area were developed based on the general plan land use information and appropriate waste generation factors. The results indicated that Chula Vista's needs are being well planned for although there exists a few long range shortcomings. The conclusions and recommendations of that study are presented below. Solid waste collection by the private agencies is cUl1"ently being handled satisfactorily. Each company has the ability and inclination to expand their operations to meet the solid waste needs of the general plan area at 2005 or at build out. It is estimated that in excess of 400,000 tons per year of solid waste could be generated within the planning area by the year 2005. Expansion of these operations will impact the roads and highways within the planning area which is discussed in the Circulation Element of the general plan. Solid waste disposal by the County of San Diego for the general plan area presents no immediate problem. However, long range solid waste control planning for Chula Vista and the overall County is less defined. The Regional Solid Waste Management Plan (RSWMP) was recently revised (1986) and the revised version evaluates seven waste generation/disposal scenarios. The worst-case scenario ("Do Nothing" alternative) indicated that there will be no landfills remaining in San Diego County after the year 1988 if no new landfills were added to the region. The most optimistic ("Best Case") scenario indicates closure of alllandfiUs by the year 2011. This scenario WPC F:\HOMIN>L4.NN1NG\D324P 3-30 ..: > ... "- .... > au ... Z Z Z < u; :I: < t.) III Q au au 0 > < 0 z I 8: < ! '" ~ Q Q au i . en 0 . "- 0 0 0 '" 0 0 "- 0 0 0 0 z ... .... 0 0 of( 00 ... 0 A. . 0 0 ... .... 0 0 0 a:: 0.0 0 I- ..: z > 0 ... (,) en CO .... au I C z ('I) 0 z < . 0 :I: ... ... t.) ::J > at &L. au Q .... au - .... > &L. C > < 0 Z au > '" .... "- of( .... au '" '" ! < Q au II: W Z > II: ... f z ... < ... CJ 2 II: au ~ > en 0 > au t.) t.) of( '" ... < au .... >< t.) ... ... 3 au z t.) 0 2 ~ ~ .... - 0 II: g i ~ of( II: "- en t.) a:: c en 0... NM"II) ... ... ~.....-... i > t.) < Q :II: au au CD au i ... Q >- Z Z au > i ~ ;; 0": < > II: t.) > > II: "'> 2 t.) t.) t.) < 0 ...... Q 0 ~ 15 au .... III 2- .... z 0 g ;:) ~ Z~ i g < 0 :I: ;:)au en ... II: t.) :I: .z NM., II) CO"" CO ;i ... ><:1: aut.) Q Z au c:I au .... assumes extensive volume reduction and recycling projects. It is clear from the scenarios evaluated in the RSWMP that new landfills must be sited in conjunction with developing and using various waste reduction methods to prevent a serious crisis in solid waste management in the next decade. The Department of Public Works is presently engaged in numerous studies to locate landfill sites in the County. The selection process requires much analysis and public input and more will be known within the next five years. In addition to siting new landfill facilities, waste reduction and recovery projects are underway by San Diego County. The County Board of Supervisors, as the agency responsible for regional solid waste management, has adopted a policy to reduce waste quantities to the landfills and promote alternative disposal methods. The policy establishes that landfilling is the preferred disposal method only for wastes that cannot be recycled or processed and for the residual from processing. This policy promotes the use of alternatives such as resource recovery to produce energy or animal food sources and seeks funding for such projects. The policy also encourages lifestyle changes to reduce per capita waste generation and increase recycling, and it encourages the use of additional volume reduction methods such as shredding. The city is currently applying for a grant to fund a recycling feasibility study. In summary, it was concluded that the solid waste master planning and long range goals, as administered by San Diego County and updated regularly in the Regional Solid Waste Management Plan, are considered adequate in addressing the future disposal needs of the County (including the Chula Vista sphere of influence). Plans for site enhancement projects at existing landfills, waste volume reduction and waste-to-energy projects, as well as the current studies to locate new landfill sites in the County will benefit the planning area in the future by providing additional landfill capacity. If these plans are implemented, capacity at the Otay Landfill should be adequate for meeting future solid waste demands, and no alternative disposal methods should be required for accommodating the planning area requirements in the next twenty years. Figure 3-9 depicts the current and proposed solid waste disposal site within the general plan area. 4.5 HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL SYSTEM Hazardells waste collection and disposal is the responsibility of the generator as was identified preyiously. Hazardous waste generation for the planning area is centered mainly in the Bayfrent and Central Chula Vista areas. :\pproximately 9,000 tons of hazardous 'oyastes are generated per year in these areas alone. The estimated hazardous 'Naste generatien fer the remaining communities in the planning area is about 500 tons per year. Present and future zoning in tl1e planning area could greatly impact tl1e rate ef l1azardolls waste generatien fer tl1e area. The specific land IIse designations and acreages for the general plan area are centained in the Land Use Element of the Chula Vista General Plan. WPC F;'J{OME'PLANNINCND24P 3-31 Hazardous waste collection serviees for the planning area are adequate. However, there are very f-e..... dicposal facilities available f-or hazardolls wastes in SOllthern California causing generators to transport thek wastes to other areas and states for disposal. This may be a facter in deterring industrial grewth ill the planning area. There are currently two fully eperational hazardells waste EClass I) landfills in California. These are the Kettleman Hills Facility near Kettleman City in Kings Ceunty and the Casmalia Reseurces landfill in Santa Maria, California. f.s ".Viti! mllnicipallandfills, in erder te maximize the capacities ef these sites, ':elllmlJ reGllction activities such as recycling of solvents and incineratien sllellld be emphasizes. ."Iso, some hazardeus wastes can be rendered non hazardous by chemical treatment and sent to mllnicipal landfills or to the mllnicipal sewer system for disposal. Within the general plaR area there exists a hazardolls wacte sterage and transfer facility which treats wastes in this fasllien. ."pprepriate Tecllnologies II (,^.PTEC II) is a flllly pennitted hazardolls waste treatment facility located ...:itllin the City bOllndaries as shown on Figure 3 &. The facility is permitted to receives all lIazardous wastes for treatment, with the eKception of explosives, radieactive waste and PCB's. The wastes, v:hicll are treated on site, are neutralized in a tetally endesed system. Suspended solids are remeved tllrough a settling processing which reslllts in a sevierable water and f1lter cake material. Tile water is tested to determine if it meets indllstrial discharge standards. If so, it is discharged inte the City of San Diego sewer system. If not, the treatment centinlles IIntil it meets all specifications for industrial discharge. The filter cal~e material is then transported te an appropriate appreved facility. It is imperative that processes sucll as tllese be IItilized if future hazardells waste disposal needs are to be met. The proposed eKpansion of the Kettleman Hills Landfill and t~le addition of cllemical treatment processes (incineration, acid nelltralization) ,,,,,ill greatly benefit the region's hazar-dells waste generators. Similar efforts of e)[pansion and addition of state ef tile art treatment technelegies at other lIazardells waste facilities will assure adequate treatment and disposal capabilities f-er accemmodating the flltllre demands of the regieR. 4.5 HAZARDOUS WASTE TREATMENT. STORAGE AND DISPOSAL SYSTEM Pursuant to requirements of the Tanner Act. the COHWMP contains an evaluation of current and proiected hazardous waste generation and treatment needs within San Diego Countv. Such an evaluation enables a comparison of needs to existing facility capacities. and a determination of treatment surpluses and shortfalls upon which facilitv planning strategies can be developed. Accurate forecasting and planning is difficult in that the volume of hazardous waste that will be produced and require off-site treatment and disposal will be largely affected by regional growth. the identification and clean-up of hazardous waste contaminated sites. legislative and regulatory changes regarding the definition and handling of wastes, and the effectiveness of on-site treatment and waste minimization efforts including reuse. recycling. and promotion of safe substitutes. WPC F:\HOME\PLANNING\0324P 3-33 z .c a! w ... en ~ CD 0 I :I C') 0 o 41 a: ~ .c CDN -.c \I.:c o Z .c o - ..I ~ '" ~ '" w ., w ",'" ~?c ...>- ::00 .J > '" w . ., I cz:~ .w :t?c 0>- .....0 II: .. Q II: ~ ... ... iL Q Z oC ... .. ~ at ; CI ~ o at ~ ~ o ~..~~ ~~"S ,'io e05 .. ~ Ii ~ z .. :I ~ oC III II: ~ .. ~ .. ; at ::I o Q II: oC N oC Z - - u .. >- ... oC ~. OIf.GP ."'1 Chapters VII and VIII of the COHWMP present a comprehensive inventorv and evaluation of current and proiected hazardous waste generation and facility needs. by each of the eight generalized treatment methods (GTMs). from the base year 1986 through the year 2000. The results of that evaluation. indicate both surplus and shortfalls in fully addressing the region's treatment needs depending upon the particular GTM. Treatment capacity shortfalls are indicated for the Oil Recyling, Stabilization. Solvent Recoverv. Incineration and Other GTM's. Those shortfalls in the Oil Recycling and Stabilization GTM's are large enough to support new facilities within the region. while those in the Solvent Recoverv. Incineration, and Other GTM's in and of themselves are not. There are two possible courses of action for addressing shortfalls. the first being continuation of the existing practice of contracting for needed treatment capacitv outside the region, the second is to site a facility within the region of an economicallv viable size which would address these shortfalls, and provide capacity to adiacent regions experiencing identical circumstances. Proiected capacity surpluses occur in the Aqueous Treatment/Organics. Aqueous Treatment Metals. and Oil/Water Separation GTM's. and are based principally upon already existing capacities available at facilities within the San Diego Region. although some 3.000 tons of additional annual capacity for Aqueous TreatmentlMetals is anticipated through on-site activities proposed by General Dynamics and Rohr Industries. With the excePtion of these on-site operations. those surplus capacities will continue to be utilized bv generators outside the region. There currently exists within the City a multi-user hazardous waste treatment facility located within the Otay Landfill as depicted on Figure 3-9. Appropriate Technologies II (APTEC II) receives a variety of hazardous wastes for treatment. and was approved by the City under a Conditional Use Permit issued in 1981, with operating levels set forth in that permit. As indicated in COHWMP Table VII-4. APTEC II is one of the largest Treatment. Storage and Disposal Facilities (fSDF's) within the San Diego Region, providing Aqueous TreatmentlMetals, Aqueous Treatment/Organics. Solvent Recovery, Oil/Water Separation. Stabilization. and Other GTM's. Its combined estimated annual treatment capacity for all GTM's is approximately 32.000 tons, greatly exceeding the City's hazardous waste generation rate. which was last comprehensively estimated in 1986 at 3,776 tons annually (COHWMP, Figure VII-C). According to figures in the COHWMP. which mayor may not be consistent with operating levels authorized by the City's 198] use permit. APTEC II's total annual treatment capacity equates to approximately 26% of the Region's entire treatment needs, varying by GTM as follows: GTM APTEC II Capacity as % of Regional Need Aqueous Treatment/Metals Aqueous Treatment/Organics Solvent Recoverv Oil Recoverv Oil/Water Separation Incineration Stabilization Other 53% 52% 13% 0% ]% 0% 50% 75% WPC F:\HOME\PLANNING\DJ24P 3-34 The City is committed to participating in the necessary treatment of hazardous waste at a level eauivalent to waste generation within the City of Chula Vista. and a fair share of the San Diego Region's waste treatment needs. The City recognizes that while APTEC II's total capacity far exceeds Chula Vista's proiected total waste treatment needs. not all of the Citv's treatment needs are met bv APTEC II. Some local wastes reauire treatments not provided at APTEC 11, and as in the case of incineration. not within San Diego County. Additionally, selection of waste treatment facilities is open to the generator, and as a result, wastes generated within the City may actually be treated elsewhere in the County. or outside the region entirely even though necessary processes and capacity are available at APTEC 11. Similar conditions exist for all cities within the region. and attempts to directly regulate the geographic generation and treatment of wastes presents tremendous complexities. Understanding that some cities may not be host to a facility, Chula Vista's commitment shall take into account the efforts of all iurisdictions to effectivelv reduce their needs for off-site treatment, through on-site treatment and waste minimization efforts. These hazardous waste management concepts are intended to reflect the Fair Share Principles of the COHWMP. which while recognizing that locally sited facilities will exceed local needs. are intended to ensure that the responsibilities for waste management are equitably recognized and addressed within San Diego County and neighboring regions. 4.~ Q SECONDARY SCHOOL SYSTEM The Sweetwater Union High School District has prepared a master plan for the expansion of its facilities. The plan includes the district's population composition, demographic profile, enrollment history and facilities inventory. From this plan, the district establishes student generation factors and development standards for the construction of new schools. The Sweetwater Union High School District Master plan is a public document and available for review and/or reproduction at the district offices. 4.6 1 ELEMENTARY SCHOOL SYSTEM The Master Plan for the Chula Vista City School District is anticipated for completion in 1989. The plan will include the district's population composition, demographic profile, enrollment history and facilities inventory. Based on this plan, the district will establish student generation factors and project facility needs. 4.=7- ~ LIBRARY SYSTEM The City has prepared a master plan for the Chula Vista Library system. The basic role of the Chula Vista Public Library will continue as a service and cultural center for people, a source of information in the community for purposes of business, social, governmental, practical and enjoyment. 'WPC F:\HOMIN'LANN1N(N)324P 3-35 The projected growth of the City will require more library space. The master plan calls for the Central Library to continue to serve the Central Chula Vista and Bayfront areas at its present size. In addition, the plans calls for the construction of two new full service libraries. The first is to be in the Montgomery area to serve the approximately 50,000 existing residents. At the time the new library is constructed, one or both of the small neighborhood branches are expected to be closed. The second new library will be in the SweetwaterlBonita area and will also be a full service facility. This library is planned to be built in two phases as population increases. The fourth library of the master plan system is a smaller library for the Eastern Territories. This will serve the population of this newly developing area and will be built as is warranted. The master plan evaluated a total of seven sites in the Montgomery area. With little vacant land available all alternatives to new construction should be thoroughly explored such as renovation of exiting buildings. In the Sweetwater area a site has been set aside for a future library and five other sites have been evaluated. An interim library and five other sites have been evaluated. An interim library facility for Eastern Territories will be provided in the EastLake Village Shopping Center when it is constructed. The location is available on a five-year rent free basis. The permanent facility is expected to be constructed on a site in EastLake. The total master planned library system at buildout will include three full service libraries and one library in Eastern Territories that will be sized in accordance with demand. 5. POLICIES AND GUIDELINES Providing for adequate infrastructure development within the general area as it grows, requires the application of certain policies and guidelines. Those policies and guidelines. as contained in this section, will assist the user in interpreting the goals and objectives of Public Services Plan which will assure that the quality of life in Chula Vista in maintained or enhanced in future years. 5.1 WATER SUPPLY POLICIES Water supply for the general plan area comes primarily from two sources: local water derived from precipitation and stored in Sweetwater Reservoir, and imported water transported by the San Diego County Water Authority. Proposed future development and conversion of now vacant land to other uses will place ever-increasing demands on these supplies. Potential limitations on the availability of both supplies highlights the need to combine long-term planning for water supply with long-tenn planning for community development in Chula Vista. (1) The City shall actively participate in the water master planning process by the Otay Water District and Sweetwater Authority. The City shall use the master plan to assist in assigning the highest priorities to projects that will alleviate existing water supply problems such as insufficient transmission capacity or storage. WPC F:\HOME\f'LANNING'D324P 3-36 (2) Prior to approval of development applications, the City shall determine that there is adequate water to accommodate the demand generated by the proposed development. (3) The City shall encourage and monitor water conservation techniques and programs and shall educate the community with respect to the importance of these efforts. This shall include the following: Mandate the use of water conservation devices in new development including low water use toilets, shower fixture and other amenities. Promote low water usage landscaping that is drought tolerant. Mandate the use of reclaimed wastewater for all reasonable applications except in severe hardship cases. Establish, in concert with the water agencies. a public information program to educate the community conceming water conservation and the use of reclaimed wastewater. Establish a water conservation monitoring program. (4) The city shall strongly encourage the San Diego County Water Authority to make the necessary improvements required to assure adequate water supply to Chula Vista. 5.2 WASTEWATER SERVICE POLICIES The collection and disposal of wastewater generated within the general plan area will require much study and planning in the future. With the Metro system undergoing significant change coupled with the need to implement an effective reclamation program, the City will be faced with major decisions regarding the ultimate wastewater system configuration. An up-to-date Wastewater Master Plan, administered by the City, will ensure the adequacy of future facilities to meet the demands imposed by future development. The extension of wastewater service and the availability of capacity will greatly influence how much and where Chula Vista grows. (1) The City shall use the Wastewater Master Plan as a guide to the future wastewater collection and treatment facility requirements. (2) Proposed facilities shall conform to this general plan's policies for land use, development location and timing. (3) Prior to approval of development applications, the City shall determine that there is adequate capacity to accommodate the wastewater generated by the proposed development. (4) Costs of improvements which are necessary to serve new development, such as extensions of service and pump facilities, shall be financed by the developer. Facilities shall be constructed to City standards and dedicated to the City. This policy does not preclude WPC F:\HOf\.fE\l>lANNINCNJ324P 3-37 the use of assessment districts or similar mechanisms to finance improvements. Existing residents should not have to pay for improvements necessitated only by new development. However, if existing residents benefit by increasing their property's housing density, they shall be required to participate in the required improvements. (5) New development to be served by septic systems in the City and in the County shall be reviewed by the County Health Department to ensure the adequacy of the design, the suitability of the soils to accommodate on-site disposal systems and the protection of nearby surface and groundwater systems. Septic systems shall be permitted only as a last resort if gravity flow to the City's sewer system is not possible and only on parcels at least one acre in size, provided that the City is satisfied that the above criteria are met. (6) Actively participate in the Metro expansion planning process and, where appropriate, evaluate reasonable alternatives which will eliminate Chula Vista's dependence on Metro. (7) The City shall authorize a feasibility study with respect to implementing a phased reclamation program to promote drinking water conservation. The study should address participating in the Metro reclamation program or establishing an independent program. 5.3 DRAINAGE AND FLOOD CONTROL POLICIES Collecting and conveying stormwater from present and future developed area is essential to protecting lives and property. Development of the largely undeveloped Eastern Territories could significantly affect the existing downstream drainage and flood control facilities in Central Chula Vista if not properly regulated. (1) The City shall use the Drainage and Flood Control Master Plan as a guide to the future stormwater facility development. (2) If improvements are necessary to accommodate new development, it shall be the developer's responsibility to bear the costs of such improvements, to construct the facilities to City standards and to dedicate them to the City. As an alternative, the City may establish and the developer shall pay drainage basin fees for financing the required facilities necessary to preclude a negative impact on the downstream facilities. (3) Prior to approval of a development application, the City shall determine that there is adequate downstream stormwater drainage capacity to accommodate the runoff generated by future development within the project's drainage basin. WPC F:\HOMBPlANNINCM324P 3-38 (4) The City shall mandate the development of on-site detention of stormwater flows such that, where practical, existing downstream structures will not be overloaded. (5) The City shall require the development of on-site sediment control a part of each project. (6) The City shall discourage disruption of the natural landforms and encourage the maximum use of natural drainage ways in new development. Where possible, non-structural flood protection methods, such as natural channels or improved channels which simulate natural channels should be considered as an alternative to constructing concrete channels to protect and stabilize land areas. 5.4 SOLID f.ND JEU.RDOUS WASTE CONTROL POLICIES The City's solid waste is disposed of in the Otay Landfill located within the general plan area. The site is expected to close in the foreseeable future if waste reduction technologies are not employed. The City's Hazardous .....aste is presently disposed of elltside tHe gtmeral plan area in other parts of California. It is critical that the City continue to participate in and support efforts to extend the life of existing solid waste landfiJls and to locate and develop new landfills. and deyelop new technologies related to treating and disposing of hazardous wastes. (I) The City shall continue to support efforts by the San Diego County Solid Waste Division of Public Works to maintain adequate facilities for solid waste disposal. (2) The City shall encourage efforts to recycle waste materials. Small collection facilities should be permitted or provided in commercial and industrial areas. Provided adverse circulation, parking and visual impacts can be mitigated. (3) Sites for transfer stations, where garbage coJlected from individual collection routes are transferred into larger trucks for disposal, should be pennitted within areas designated for general industrial, provided circulation, visual and noise impacts do not adversely affect adjacent uses. (4) The City shall support waste reduction legislation and the County Public Information and Education Program. (5) The City shall continlle to SlI1"1"ort efforts by the San Diego County Hazardolls Waste Management Division te maintain er establisH adequate facilities fer Hazar-dolls v.aste and disposal. WPC F:\HOMIN'U\NNING\0324P 3-39 5.5 HAZARDOUS WASTE CONTROL POLICIES Effective and safe management of hazardous wastes within the City of Chula Vista, in accordance with provisions of the COHWMP. requires the development of policies and implementation measures which recognize not only the need for adequate waste treatment capacity. but also the need to reduce the volume of wastes produced. to establish a local regulatorv framework to coordinate the review of applications for new or expanded hazardous waste facilities among involved agencies. parties and the public. and to set forth locational. siting. and permitting criteria for hazardous waste facilities which will ensure the protection of public health and safety of citizens, and environmental resources. As a rapidly growing. mixed-use communitv characterized bv the integration of industrial. business and technological areas within a predominantlv residential land use fabric, the Citv of Chula Vita has special concerns with respect to local hazardous waste management. particularlv the safe siting or expansion of off-site hazardous waste treatment facilities. Based on particular local conditions creating these concerns as further indicated in the following sections. it is the City's intent to actively participate in. and promote efforts to reduce the volume of waste adding to the necessity to site new, or expand existing, hazardous waste treatment facilities. Furthermore, as provided bv Section 25135.7(d) ofthe Health and Safetv Code. the following sets forth those planning and siting criteria. and other provisions intended to prevail over those of the COHWMP. where their application is more stringent or restrictive in favor of the protection of the public health. safety and welfare. and environmental resources within the City of Chula Vista. Hazardous Waste Minimization Consistent with the provisions of Chapter VI of the COHWMP. ill The City shall continue to participate in and support the efforts of the County Hazardous Materials Management Division (HMMD) and other involved agencies to meet the goal of a 30% reduction in county-wide hazardous waste generation over the next five years through source reduction, reuse, and recycling approaches. This shall include the exploration of funding and grant sources. 00 ill The City shall encourage the development of Ie'll Ilamr-dells waste predlleiRg industries within the general plan area which are negligible or minimal hazardous waste-producing, and shall properly screen and identify new or proposed development that will be using hazardous materials and generating hazardous wastes. ill Prior to the issuance or renewal of a business license for businesses usin g hazardous materials and generating hazardous waste. the City shall require proof that the licensee has prepared and submitted an acceptable Business Plan with the County HMMD, and obtained all necessary licenses and permits. In cooperation with HMMD's Pollution Prevention PrOgram. the City shall also consider the establishment of a local screening process to ensure those businesses participation in waste minimization efforts. WPC F:'JiOM:lN'I..ANNINCNJ324P 340 ill In cooperation with the County HMMD, the City sha1l work to enhance community awareness and public relations regarding hazardous waste management and minimization through dissemination of literature, and the sponsoring of educational workshops and forums with hazardous material and waste industry leaders. product and business associations. and local waste generators. ill The City shall establish a program to recognize industries or businesses that effectively eliminate or minimize hazardous wastes. i2l The City sha1l prepare periodic reports on the progress of hazardous waste minimization efforts in the City. Household Hazardous Waste Pursuant to the requirements of AB 939, the City has prepared for adoPtion a Household Hazardous Waste Element CHHWE) as a component of county-wide integrated waste management plans. Consistent with Chapter V of the COHWMP. the HHWE addresses the safe collection. recvcling. treatment and disposal of househoJd hazardous waste within the City over both the short term (1991-1995) and mid-tenn (1996-2000). {e} (I) The City shall work with the County to encourage, through community education, a reduction in household hazardous waste generation by promoting safe substitutes and recycling. fR (2) The City sha1l encourage the safe disposal of household hazardous wastes by working with the County in providing convenient disposal altematives to the residents of Chula Vista. including support and sponsorship of community co1lection events. and establishment of specialized criteria for evaluating the siting of temporary and permanent collection centers. General Areas The Tanner Act CAB 2948) requires the mapping of "general areas" within which hazardous waste facilities might be established, subiect to evaluation based on the siting criteria set forth in the subsequent section. "General areas" are intended to illustrate the extent and distribution of potential siting opportunities within Chula Vista and as such, are designed along with the siting criteria as first step in analyzing the appropriateness of a particular site for a hazardous waste facility. The "general areas" ARE NOT recommended locations for such facilities. nor are they intended as a specific guide to locations where facility siting applications are encouraged. However. facility proposals should be considered only if they are within the general areas desi gnated herein. WPC F:\HOME\PLANNINCNJ324P 3-41 Existing industrial areas. and future industrial areas designated in the Chu]a Vista General Plan were included as "general areas" in Chapter IX and Appendix IX-B of the COHWMP. These areas do not necessarilv represent all the available locations for facilities. as additional land designated as industrial through future General Plan amendments and rezonings should also be considered for possible inclusion as a "general area". Likewise, application of siting criteria to more specific local conditions may prove some of the identified generalized areas as unaccePtable. Based on a review of more specific local land use conditions in relation to several prominent siting criteria. Figure 3-10 depicts a refinement of "general areas" within which hazardous waste facilitv proposals would be considered in the Chula Vista Planning Area. These refined "general areas" shall prevail over the "general areas" described in the COHWMP and its appendices. and shall be subiect to review and amendment from time-to-time as necessitated by changing land use and other local conditions. For clarification. the following prescribes those industrially designated and zoned areas which have presently been removed from the COHWMP's "general areas" inventory: Montgomerv/Otav Communitv: Bounded bv L Street on the north. Interstate 5 on the west. Otav River on the south. and Interstate 805 on the east. much of the communitv's industrial areas are juxtaposed with residential uses and immobile populations such as schools, resulting from an historic lack of zoning regulation and enforcement under County iurisdiction prior to the area's annexation in 1985. Potential location of a hazardous waste facility in this land use setting would present substantial and unaccePtable risks to public health and safety. In addition. the largest aggregate industrial area located along the Main Street corridor. borders the environmentally sensitive Otay River Valley. recently inventoried in coniunction with preparation of the Otay River Resource Enhancement Plan. and is entirely within the dam failure inundation area for Lower Otay Reservoir's Savage Dam according to maps on file with the State Department of Water Resources. EastLake and Rancho Del Rey Business Parks: These industrially designated areas in Eastern Chub Vista are integrated components of predominantly residential mixed-use master planned communities, Reflective of this setting. they are intended as emplovment areas comprised of light industrial uses such as warehousing and distribution. and would be inappropriate for hazardous waste facilities. Furthennore, principal access to these areas is by way of East H Street and Telegraph Canyon Road which transect large residential areas and serve as principal travel routes carrying in excess of 35.000 ADT. presenting substantial transportation risks. Otay Vallev Road: The portion of the Otay Vallev Road industrial area east of Interstate 805 and south of Otay Valley Road borders the Otay River Valley, and is entirely within the dam failure inundation area for Lower Otay Reservoir's Savage Dam. WPC F:\HOME\Pl.ANNIN(]\lJ324P 3-42 The following po1icies regarding General Areas in the Chula Vista Planning Area shall prevail over the seven General Area policies set forth on pages IX-46 and IX-47 of the COHWMP: ill Proposals for hazardous waste facilities shaIl be accepted for review only if they are within a designated "general area" as herein established at the time the application is accepted as complete. ill The review and evaluation of applications accepted pursuant to (1) above shall be based upon the policies and siting criteria set forth in the City's General Plan. subiect to required risk assessments. environmental reviews and other applicable codes. ordinances. and requirements. ill "General Areas" shall be limited to existing developed industrial land. and land designated for future industrial development in the present General Plan. except as herein restricted. ill The City shall evaluate any future general plan revisions involving the estab1ishment of industrial land use designations for the appropriateness of their inclusion as a "general area" within the City of Chula Vista. ill The City may from time to time. as changes to local plans. policies. and conditions warrant. determine that certain industrial land use designations or zoning districts are not appropriate for inclusion as "general areas". as long as the abilitv to accept applications and potentially site faci1ities is not significantly restricted. iQl "General Areas" for household hazardous waste collection facilities shall be restricted to lands designated for industria] use. AIl lands designated for industrial use within the Planning Area shall be deemed included for accePting applications for such facilities regardless of their possible exclusion from refined "general areas" for all other types of transfer or treatment faci1ities. ill Military lands should also be considered as part of the "general areas." It is the Department of Defense policy to avoid siting of commercial hazardous waste treatment and disposal facilities on military land. Siting on a case-by-case basis could be considered in special circumstances. A relationship should be developed with the military in which common local iurisdiction and military hazardous waste issues and needs can be cooperativelv addressed. The Memorandum of Agreement that currently exists between the U.S. Navv and the SANDAG should be the basis for this relationship. ill Land currently under the control of the Federal Bureau of Land Management (BLM) has the potential to be acquired by local government or by private parties. BLM land transferred from federal to non-federal ownership is subiect to local government general plan designation and zoning. AIl of the general area policies and other policies would apply to this transferred land. WPC F:'J{OME\PLANNING'D324P 3-44 ill Indian land is not subiect to any federal. state and local environmental. health. safety and planning requirements. Therefore. Indian lands should not be considered potential "general areas" unless these lands can meet all siting criteria as set forth herein. and permission to use Indian land can be obtained. Sitinl!: Criteria Under the Tanner Act (AB 2948). local government is required to adopt "siting criteria" to be applied in evaluating hazardous waste facility proposals within the previously established "general areas". Siting criteria are those operational. financial. land use and transportation conditions which must be met if a hazardous waste management facility is to be permitted at a specific site. Siting criteria are both Qualitative and Quantitative in nature. and as the focus of the siting process. are primarily intended to ensure the sufficient protection of public health. safety and welfare. and environmental resources. The criteria are designed somewhat genericallv in that thev apply to evaluation of a broad range of hazardous waste facilities and management technologies which can varv greatly in their size. volume. and type of waste stream(s) handled. and which inherently may differ substantially in their potential land use. environmental. and public health impacts. While this generic nature of the criteria provides needed flexibility in the local review process. it also necessitates that facilitv review be conducted carefullv and thoroughlv. As a result. all local facility application reviews shall include an environmental review and health risk assessment. and anv approvals shall be through a conditional use permit. Recognizing the influence of more specific local conditions on the development and application of siting criteria. Section 25135.7(d) of the Health and Safety Code allows cities to establish more stringent planning requirements or siting criteria than those in the COHWMP. In order to assure that hazardous waste facilities are considered with the highest regard for the health. safety and welfare of the citizens of Chula Vista. and the continued preservation and protection of its natural resources. the following modified siting criteria shall be employed in the evaluation of hazardous waste facility proposals within the City's General Planning Area. and shall prevail over the siting criteria contained in Appendix IX-A of the COHWMP. PROTECT THE RESIDENTS OF CHULA VISTA .1. Proximity to populations ~ Proximity to populations is defined as the distance from the boundary of the site upon which the facilitv is proposed to dwellings used bv one or more persons as a permanent place of residence. or to dwellings inhabited by persons temporarily for purposes of work (e.g.. migrant workers. construction camps). WPC F:'JIOM:PJ>lANN1NCM324P 3-45 ce III II: ce CJ z - z z ce ... A- ce ~ (I)' , - > ce ... :::I :z: u 0111 ...:z: I~ (') i~ ~ . (I) ce III II:~ ce ... ce II: III Z III CJ . Q III Z ~~'O ii: ,...-<. III II: II) < tJJ 'a: < ~ a: tJJ z tJJ CJ C ~. ijj. 0: '1 N at at ... III Z :::I ~ 80S O\IOGO ~ For a residuals repository. the proximity of the facility to populations must be a minimum of 2.000 feet. subiect to increase pursuant to the required risk assessments and environmental review. ~ The active portion of a facilitv shaH be subiect to additional setbacks and buffering from the property boundarv as required by the underlying zone. or through conditions established by the associated use permit(s). ~ All hazardous waste facility proposals shall be required to undergo an environmental review and prepare a health risk assessment regardless of their type. size. or proximity to populations or immobile populations. Said health risk assessment (HRA). as discussed on pages 1)(-28 through -33 of the COHWMP. shall be prepared under the direction of the Citv. the Local Assessment Committee (LAC). and anv Ad Hoc Technical Committees which mav be created to advise the Citv and the LAC on such matters. ~ With respect to hazardous waste treatment facilities. there is no stated distance from populations or immobile populations which is assumed to be safe. The required HRA shall serve as a fundamental mechanism to present data. evaluations and recommendations for use by the City Council in uItimately determining the appropriate location and distance for a particular hazardous waste facility in relation to any existing and proposed SUD'ounding residential development or other sensitive receptors. ~ The Citv shaH establish a screening process to determine the scope and content of each HRA. and the need for. and type of. anv additional technical studies. It is the intent of the Citv in developing this scope. that the HRA recognize the alternative sites presented through the environmental review and provide comparative evaluation of these sites so as to enable comprehensive consideration of the relative public health. safety and welfare risks. and environmental protection concerns in making siting decisions. ~ Existing hotels and motels shall also be considered residences. ~ Distance separation requirements for residuals repositories and other facilities shall include all areas designated in Genera] Plan for future residential development regardless of their density. as well as existing residences. ~ Setback or buffer areas shall be precluded from future residential uses through property restrictions such as easements or covenants. and where appropriate. through general planning and zoning. WPC F:\HO~LANNING\D324P 3-46 2. Proximitv to immobile populations ~ Proximity to immobile populations is defined as the distance from the boundary of the site upon which the facility is located to areas where persons who cannot or should not be moved are located. ~ The definition of immobile populations includes childcare facilities and K-12 schools as well as hospitals. convalescent homes and prisons. ~ Hazardous waste facilities shall not be located within one mile of anv of these populations unless the reQuired risk assessment satisfactorilv indicates that the attendant health and safetv risks are not appreciably increased. and then only at the discretion of the City Council. J... Capability of emergency services ~ Capability of emergency services is defined to include the extent of training and eQuipment of fire departments. police departments. and hospitals for handling industrial emergencies. Particularly those involving hazardous materials and wastes. ~ All facilities shall be located in areas where fire departments are trained to deal with hazardous materials accidents. where mutual aid and immediate aid agreements are well-established. and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association. ~ The Citv may require additional facilitv design features and/or on-site emergency services at the facility based on the type of wastes handled or the location of the facility. ~ Pursuant to the requirements of State law. and subiect to the satisfaction and approval of the Citv Council. facilities mav provide their own emergencv response capability . ENSURE THE STRUCTURAL STABILITY OF THE FACILITY 4. Flood hazard areas ~ Flood hazard areas are defined as areas which are prone to inundation by 100-year frequency floods. and by flash floods and debris flows resulting from maior storm events. Flood hazard areas can be determined by checking Federal Emergency Management Agencv flood insurance maps or with local flood control districts. ~ Residuals repositories are expresslv prohibited in areas subiect to inundation bv floods with a l00-vear return frequency. and should not be located in areas subiect to flash floods and debris flows. WPC F:\HOME\PI.ANNING'il324P 347 ~ All facilities and accesses to such facilities shall be located outside the 100-year floodplain. or areas subiect to flash floods and debris flows. The risk assessment and environmental review shall analyze such hazards. Any exceptions based on proposed engineering and design responses shall be at the discretion of the City Council. 5. Areas subject to tsunamis. seiches. and stonn surges ~ Areas subject to tsunamis. seiches. and storm surges are defined as areas bordering oceans. bays. inlets. estuaries or similar bodies of water which may flood due to tsunamis (commonly known as tidal waves). seiches (vertically oscillating standing waves usually occurring in enclosed bodies of water such as lakes. reservoirs. and harbors caused by seismic activity. violent winds. or changes in atmospheric pressure), or storm surges. ~ All facilities. including residual repositories. shall be prohibited from locating in areas subject to flooding from these occurrences. The risk assessment and Environmental review shall analyze such hazards. 6. Proximity to active and potentially active faults ~ An active fauJt is defined as a fault along which surface displacement has occurred during Holocene time (about the last 11,000 years) and is associated with one or more of the following: a recorded earthquake with surface rupture fault creep slippage displaced survey lines A potentially active fauJt is defined as a fault showing evidence of surface displacement during Ouaternary time (from the last 11.000 years to about the last 2 to 3 milIion years, and is characterized bv the following: considerable length association with an alignment of numerous earthquake epicenters continuity with fauJts having historic displacement association with youthful maior mountain scarps or ranges correlation with strong geophysical anomalies ~ All facilities are required to have a minimum 200-foot setback from a known active or potentially active fault. ~ All facilities regardless of proximitv to faults, shall as a minimum standard. be constructed to seismic zone 4 building code standards. subiect to requirements in excess as determined necessary by the City to protect public health and safety. WPC F\HOMlN'tANNING'D324P 3-48 L. Slope stability ~ Slope stability is defined as the relative degree to which the site will be vulnerable to the forces of gravity. such as landslide. soil creep. earth flow. or any other mass movement of earth material which might cause a breach. carry wastes awav from the facilitv. or inundate the facility. ~ Residuals repositories are expressly prohibited III areas of potential slope instabilitv. ~ All other facilities shall be prohibited in areas of potential slope instability or rapid geologic change. except as authorized bv satisfactorv engineering and design solutions. and upon approval of the City Council. The risk assessment and environmental review shall include an analysis of such hazards. ~ Subsidencelliquefaction ~ Subsidence is defined as a sinking of the land surface following the removal of so]id mineral matter or fluids (e.g.. water or oil) from the subsurface. ~ Liquefaction refers to the surface materials that develop liquid properties upon being physically disturbed. ~ All facilities. including residual repositories, shall be prohibited from locating in areas subiect to these disturbances. and the risk assessment and environmental review shall include an analvsis of such potential disturbances. 9. Dam failure inundation areas ~ Dam failure inundation areas are defined as the areas below a dam structure (i.e.. reservoir dam. debris basin) which would be inundated by the flow of water from the impoundment created bv the dam structure if it were to fail. ~ All hazardous waste management facilities shall be prohibited from locating within dam failure inundation areas. PROTECT SURFACE WATER QUALITY All facilities will be required to meet federal and state water qualitv requirements, administered bv the State and Regional Water Ouality Control Boards. 10. Aqueducts and reservoirs ~ Aqueducts are defined as conduits for conveying drinking water supplies. WPC F:\HOME\PLANN!N(]\(J324P 3-49 ~ Reservoirs are defined as impoundments for containing drinking water supplies. ~ All facilities shall be located in areas posing minimal threats to the contamination of drinking water supplies contained in reservoirs and aqueducts. Evaluation of such threats shall include airborne emissions potential to contaminate surface water. 11. Discharge of treated effluent ~ Discharge of treated effluent is defined as the availability of wastewater treatment facilities to accept treated wastewater (effluent). or the ability to discharge treated effluent directly into a stream. including a dry stream bed. or into the ocean through a state-permitted outfall. ~ Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available. sites should be evaluated for ease of connecting to a sewer. or for the feasibility of discharging directly into a stream or the ocean. PROTECT GROUNDWATER OUAUTY Residuals repositories: Current State Water Resources Control Board (SWRCB) regulations. as implemented bv the Regional Water Oualitv Control Board. including: ~ Immediately underlain by natural geologic materials with permeability of not more than lXlO-7 cm/sec (1.24 in/yr)'. ~ Natural material shall be of sufficient thickness to prevent vertical movement of fluid, including waste and leachate. to waters of the state for as long as thev pose a threat to water qualitv. ~ Lateral movement prevented by natural or artificial barriers. In addition to the preceding siting criteria. the current SWRCB regulations also include the following construction standards: ~ Compatibility of the wastes with construction materials. ~ Clay liner at least 2 feet thick (in addition to natural material and synthetic liner). ~ A leachate collection system adequate to collect and remove twice the maximum anticipated daily volume. ! The interpretation of this requirement by Regional Water Ouality Control Boards needs to be clarified and standardized. WPC F:\HOMBPLANNING'D324P 3-50 " A cover adeQuate to prevent percolation of precipitation through the wastes. " Precipitation and drainage controls. " Seismic design. All other facilities: Current State Department of Health Services regulalions reQuire double containment for underground storage. In addition. the following criteria (Nos. 12 to 18) apply to non-repositorv facilities. 12. Proximity to supply wells and well fields Proximitv to supply wells and well fields is defined as the distance to areas used for extraction of groundwater for drinking water supplies by high-capacity production wells and identified by the presence of several wells that constitute a well field. Hazardous waste facilities shall locate outside the cone of depression created bv pumping well or well field 90 days unless an effective hvdrogeologic barrier to vertical flow exists. 13. Depth to Groundwater Depth to groundwater is defined as the minimal seasonal depth to the highest anticipated elevation of underlving groundwater from the bottom of anv proposed waste-containing facility. 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 registered civil engineer or engineering geologist registered in California. 14. Groundwater monitoring reliability Groundwater monitoring reliability is defined as the dependabilitv of a scientificallv designed monitoring program to measure. observe. and evaluate groundwater Qualitv and flow. Where the risk assessment and/or environmental review have identified anv potential impacts to groundwater. in addition to reQuired mitigation measures. a reliable groundwater monitoring program shall be reQuired as specified bv the Citv. WPC F:\HOM:(N)L\.NNIN(N)324P 3-51 15. Maior aquifer recharge areas Maior aquifer recharge areas are defined as regions of principal recharge to maior regional aquifers. as identified in the existing literature or bv hvdrogeological experts familiar with the San Diego region. Such recharge areas are typicallv found in: ~ Outcrop or subcrop areas of maior water-yielding facies of confined aquifers. ~ Outcrop or subcrop areas of confining units that >upply maior recharge to underlying regional aquifers. Facilities with surface or subsurface storage/treatment located within one-half mile of a potential drinking water source shall have a groundwater study conducted to determine appropriate buffer zone and mitigation measures. 16. Permeability of surficial materials Permeability of surficial materials is defined as the ability of geologic materials at the earth's surface to infiltrate and percolate water. Facilities locating in areas where surficial materials are principally highly permeable materials shall conduct an appropriate groundwater study. and provide for appropriate mitigation measures such as increased spill containment and an inspection program. 17. Existing groundwater qualitv Existing groundwater quality is defined as the chemical quality of the groundwater in comparison to the U.S. Environmental Protection Agency Interim Primary and Secondary Drinking Water Standards and. for constituents with no standards. to guidelines suggested by research reported in the literature. The Environmental Protection Agencv has released guidelines defining protection policies for three classes of groundwater. based on their respective value and their vulnerability to contamination. The three classes are: ~ Class I: Groundwater that is highly vulnerable to contamination and characterized by being irreplaceable (no reasonable alternative source of drinking water is available) or ecologicallv vital (if polluted. would destrov a unique habitat). These are designed as Special Groundwaters. ~ Class II: Current or potential sources of drinking water and waters having other beneficial uses. WPC F:\HOME'PLANNING'lI324P 3-52 . Class III: Groundwaters not considered potential sources of drinking water and of limited beneficial use (waters heavily saline rTDA levels 10.000 ppml) or otherwise contaminated bevond levels that allow cleanup using reasonably employed treatment methods). Facilities located in areas where existing groundwater qualitv is Class I or Class II shall conduct an appropriate groundwater impact study as part of the environmental review, and shall provide increased spill containment and inspection measures in addition to other identified mitigation. 18. Proximity to groundwater dependent communities Prohibit siting within groundwater drainage basin(s) within which groundwater dependent communities exist, except for anv portion of such basin(s) 5 miles or more down-elevation from the boundaries of the subiect community(ies ). PROTECT AIR OUAUTY Current San Diego Air Pollution Control District (APCD) regulations implementing federal. state and local air qualitv regulations including Rules 20.2 and 20.3 governing new source review. the APCD's standard prohibitions and Rule 51 covering public nuisances. Rule 51 would typically apply to all types of hazardous waste treatment facilities. The County of San Diego Department of Health Services implementation of response plans for acute and accidental hazards (pursuant to AB 3777) would also cover air qualitv issues. . The City shall involve the APCD in the screening and scoping process for the required Health Risk Assessment on all facilities. and the risk assessment shall address all potential emissions and indicate whether any have the potential to adversely affect human health and the environment. and to what extent. PROTECT ENVIRONMENT ALLY SENSITIVE AREAS 19. Wetlands Facilities shall not be located in wetlands such as saltwater. fresh water, and brackish marshes. swamps and bogs inundated bv surface or groundwater with a frequencv to support. under normal circumstances. a prevalence of vegetative or aquatic life which requires saturated soil conditions for growth and reproduction, as defined by local. regional. state or federal plans and guidelines. 20. Proximitv to habitats of threatened and endangered species Habitats of threatened and endangered species are defined as areas known to be inhabited permanentlv or seasonally or known to be critical at anv state in the life cycle of any species of wildlife or vegetation identified or being considered for identification as "endangered" or "threatened" by the U.S. Department of Interior or the State of California. WPC F:\HOME\PI.ANNINCNl324P 3-53 Facilities shall not be located within critical habitat areas. as defined in local. regional. state or federal plans. 21. Natural. recreational. cultural. and aesthetic resources Natural. recreational. cultural. and aesthetic resources are defined as public and private lands having local. regional. state. or national significance. value. or importance. These lands include national. state. regional. county. and local parks and recreation areas. historic resources. wild and scenic rivers. scenic highways. ecological preserves. public and private (e.g.. Natural Conservancy Trust for Public Lands) preservation areas. and other lands of local. regional. state. or national significance. All facilities shall avoid locating in. or near these areas. The risk assessment and environmental review shall identifv these resources proximate to the facilitv and its maior transportation routes. Pursuant to demonstrated necessity. and at the discretion of the City Council. some facility operations or transportation routes mav be allowed within unused or compatible portions of certain public lands. 22. Prime agricultural lands Prime agricultural lands. under Califomia law. may not be used for urban purposes unless an overriding public need is served. When siting hazardous waste management facilities in these areas. overriding public service needs must be demonstrated to the satisfaction of the Citv Council. 23. Mineral deposits Facilities shall not be sited so as to preclude extraction of minerals necessary to sustain the economy of the State. 24. Public facilities and military reservations Public facilities and military reservations are defined as lands owned by federal. state. county. or local governments on which facilities used to supply public services and Department of Defense roOD) bases and installations are located. In particular. these lands would include highway maintenance and storage areas. airports. city or county corporation yards. waste disposal facilities. sewage treatment facilities. state school lands (lands deeded to the state when California was admitted to the Union). and military bases and installations. WPC F;\HOMBPlANNIN(N)324P 3-54 It is the policy of the Department of Defense that military land shall not be considered for public hazardous waste management facilities. However. the military currently has hazardous waste treatment and storage facilities located on military bases in the San Diego region and has in the past leased military land to public agencies for waste management functions (Miramar Landfill). Therefore. military lands are potentially available for the siting of new facilities for the handling of military hazardous waste (new facilities for the handling of military hazardous waste (new facilities are proposed in the U.S. Navy's 5-year budget. Militarv land may be considered for lease or sale for public hazardous waste facilities. at the discretion of the militarv. SAFE TRANSPORTATION OF HAZARDOUS WASTE ~ The Citv shall reQuire preparation of a traffic/transportation study as part of the environmental review and risk assessment for all facility proposals. which study shall account for all factors addressed in items #25 to #29. and consider both existing and projected land use and circulatorv conditions pursuant to the General Plan. 25. Proximity to areas of waste generation Proximitv to areas of waste generation is defined as the travel time from the maior market areas of waste generation to the proposed facilitv. All facilities except residuals repositories by virtue of location. should minimize travel time for all market areas of waste generation. on a weighted basis. with no maior market areas beyond a one-wav travel time of one dav (including loading and unloading). For the residuals repositorv. one-wav transportation time. including loading and unloading. from any maior market areas would not exceed one day. with the maiority of the driving time spent on maior routes (state and interstate divided highways). Total transportation costs for incineration facilities should represent a modest portion of the total cost of using such facilities including drop charges. Transfer facilities should be located within each maior area of waste generation to encourage maximum use. Alternate transportation by rail may be evaluated in regard to specific locations for feasibility and efficiency. In comparison with multiple small facilities. economies of scale for a single centralized facility may offset the additional transportation cost. WPC F:\J-IOME\PI.ANNING\lI324P 3-55 26. Distance from major route Distance from a major route is defined as the distance along a minor route (citv street. boulevard. or undivided highwav) that a truck must travel to reach the facility after leaving the major route (state or interstate divided highway). Distance traveled on minor roads should be kePt to a minimum. Facilities are best located near an exit of a maior route. , Only locations adiacent to major routes or accessed from major routes via routes used locally for truck traffic (e.g.. truck routes) should be considered for transfer or treatment facilities. The facility developers may propose to build a direct access road to avoid the minor route(s). 27. Structures fronting minor routes Structures fronting minor routes are defined as the number and type of residences. schools. hospitals. and shopping centers having primary access from the transportation route between the entrance of a facility and the nearest major route. Facilities should be located such that anv minor routes from the major route (state or interstate divided highwav) to the facilitv are used primarilv by trucks. and the number of non-industrial structures (homes. hospitals. schools. etc. is minimal. The facilitv developer shall evaluate the "population at risk" based on the Federal Highwav Administration's Guidelines for Applving Criteria to Designate Routes for Transporting Hazardous Materials. The population at risk factor should not exceed that for existing facilities. and sites with lower factors should be preferred. Specific highway segments may be scheduled for CALTRANS improvement Transportation could be curtailed during peak use by automobiles, school traffic, etc. 28. Highwav accident rate The highway accident rate is defined as the occurrence of minor to fatal accidents per vehicle miles traveled. as recorded bv the California DeDartment of TransDortation. The minimum time path from major market areas to a facility should follow highways with low to moderate average annual daily traffic and accident rates. as guided by the research and findings of state. regional. countv. and city transportation planners. WPC F:\HOME\PI.ANNIN(N)324P 3-56 Specific highway segments mav be scheduled for CALTRANS improvements which may decrease highwav accident rates. Hazardous waste transportation could be curtailed during periods of greatest automobile traffic. The facility developer should work with the region, county. and city transportation planners in selecting altemate routes. 29. Capacity versus AADT of access roads Capacity versus average annual dailv traffic (AADn of access roads is defined as the number of vehicles that the road is designed to handle versus the number of vehicles it does handle on a daily basis. averaged over a period of one Year. The changes in the ratio of route capacity to average annual daily traffic should be negligible after calculating the number of trucks on the maior and minor routes expected to service the facility. Facility developer mav propose to upgrade the road(s) to provide additional capacity. PROTECT SOCIAL AND ECONOMIC GOALS 30. Consistencv with General Plan ~ Consistencv with the General Plan is defined as consistencv of the proposed facilitv with the goals, obiectives and policies of the Citv as expressed by the General Plan. Specific Plans. implementing ordinances. and other applicable programs. ~ As provided by Section 25199.5 of the Califomia Health and Safety Code. the consistency of any proposal with the General Plan. Specific Plans. zoning ordinances. and other applicable programs shall be based on their provisions as in place at the time the associated application for a land use decision is accepted as complete. ~ The proposed facility should be sited at one of the most consistent locations within the City as reflected in the General Plan, Specific Plans. zoning ordinances. and other applicable planning programs. ~ The evaluation of consistency shall be based directly upon the provisions of the General Plan. Specific Plans and zonin g ordinances in effect. and shall not take into consideration anv mitigation measures proposed by the proponent to further community goals which are not proiect specific and directly related to identified public health and safety. and environmental concerns. ~ Developer mav petition for an amendment to the General Plan. WPC F:\HOME\PLANNING\0324P 3-57 31. Direct revenue to the City Direct revenue to the Citv is defmed as the present worth of the dollar amount of annual property tax revenue and anv other direct pavments (e.g.. local usage and per capita taxes. hazardous waste taxes) that the facility will contribute to the City during the period of construction and the facility's operating life. The proposed facility's power for tax and revenue generation relative to both current site users and other reasonably prospective site users in terms of amount. stability. and cost to the City should not show a net loss. The Citv mav consider compensation programs which could offset projected losses either directly or indirectly. 32. Changes in employment Changes in employment are defined as the total number of permanent full- and part-time iobs resulting from the construction and operation of the facilitv. including the number of each type of iob expected to be followed by local residents. If this clearly is an issue causing disagreement between the facility developer and the Citv. then the developer shall fund an independent study of the issue. The developer and the Citv shall agree beforehand on the scope of the studv and who will conduct it. The sophistication of the study methods shall be appropriate to the nature and size of the facilitv and the City's degree of concern with the particular issue. If the number of jobs accounts for a significant portion of employment in the area. then the developer should provide appropriate programs to address the socio-economic and public services impacts on the community. Fair Share The Southern California Hazardous Waste Management Authority (SCHWMA) provides oversight and coordination toward resolving local government siting issues in Southern California through its Regional Action Plan. which is in part founded upon the 10 Fair Share Principals and Fair Share Formula discussed on pages IX-35 to -37 of the COHWMP. Those principles and formula are designed to recognize that the minimum size. for an economicallv viable hazardous waste facilitv willlikelv exceed the needs of anv local jurisdiction in which it is located. and in some instances the county-wide needs for certain waste streams. As this situation exists in all counties. regional cooperation js necessary to address the siting of needed hazardous waste facilities both between and within counties. Through the establishment of inter-governmental agreements. assurances can be made that all cities and counties share in the responsibility for proper treatment and disposal of their entire waste stream. The Fair Share principles and Formula have been adopted as part of the COHWMP. and are to be considered bv local iurisdictions in making facility siting decisions. WPC F;\HOMPJ>LANNJNG'lI324P 3-58 At present. however. there does not exist clear direction as to how a local iurisdiction is to consider and applv fair share principles to specific facilitv siting proposals. The principles contained in the COHWMP. as derived from SCHWMA's Regional Action Plan, focus on whether county-wide needs for waste treatment and disposal are being met through either facility capacity within the county. and/or effective inter-governmental agreements with other counties. In such context. employment of fair share considerations at the local level in evaluating new or expanded facilitv proposals may be significantlv impacted if County-wide needs. which the jurisdiction has no direct authoritv over. are not being fully addressed. This situation does not recognize jurisdictions within the County which are already host to hazardous waste facilities. nor does it prescribe how a County may acceptably develop internal fair share policies which define when a local jurisdiction has met its reasonable fair share of regional responsibilities. As the fair share concepts are somewhat new. further efforts are necessary to develop more specific fair share policies within San Diego County to c1arifv CQuitable facilitv siting and other waste management responsibilities among the Recion' s iurisdictions. Such policies might also take into consideration the type and amount of other regjonal facilities to which a iurisdiction is host. The City recognizes its responsibility for the management of hazardous waste. and the COHWMP's fair share principles, and will apply an interim fair share concept in the local regulatorv process for hazardous waste facilities which addresses the Citv's involvement in an amount proportionate to waste generated within the Citv. and a reasonable fair share of overall needs within San Diego Countv. The Citv's intent is to recognize other communities' needs to accept responsibility for. and/or site. an eauitable share of needed facilities, especially if the generation of waste is from communities which are not actively undertaking efforts to achieve on-site treatment and waste minimization. In conjunction with the aforementioned. when reviewing applications for new or expanded hazardous waste facilities, the City will consider the following in the fair share evaluative process: 11 The City shall reauire the proponent to identify the location of waste sources. and the respective volumes of the particular waste stream(s) from each of those sources it will serve. including those specifically known at the time of application. as well as those estimated in the future. The City shall also reauire the proponent to submit data with respect to countv-wide waste needs. existing facilitv capacities. and intergovernmental agreements. so as to provide a complete comparative base. II The City shall evaluate and consider the minimum waste stream necessary to ensure the economic feasibility of the proposed facility. 1l The Citv will review the efforts put forth bv the communities generating the involved wastes to reduce their off-site treatment needs through on-site treatment and waste minimization techniaues. ~ Based on an analysis of this data. considering waste generated by the City, other South bay Communities, the remainder of San Diego County. and other jurisdictions outside the Region. the City shall identify any concerns with respect to fair share concepts. and as appropriate shall reauire mitigation through WPC F:\HOME\PlANNING'lI324P 3-59 conditions of use limiting the volumes or types of wastes received. and/or by requiring compensation/incentive programS to be established. Processinl! and Permittinl! Application of the various policies and criteria to the review of hazardous waste facility proposals. and the necessary coordination for such proposals with involved Federal. State. and Regional agencies, requires the establishment of specific implementation measures. A subsequent implementing ordinance(s) shall be prepared which will set forth all applicable procedural requirements including. but not limited to. pre-application processes, submittal requirements for environmental reviews, risk assessments and conditional use permits, coordination and involvement of State and local agencies and the Local Assessment Committee. facilitv operational controls such as emergencv contingency plans and monitoring programs, and local enforcement provisions. 5.& 6 SCHOOL DEVELOPMENT POLICIES In 1987, with the passage of Assembly Bill 2926, the State of California declared the issue of new school construction to be of statewide concern. That legislation authorized school districts to collect fees as a prerequisite for residential and commercial/industrial development. Fee collection of up to $1.50 per square foot of habitable area for residential development and $0.25 per square foot of new commercial/industrial development was approved. The levy may be increased annually to accommodate inflation if authorized by the State of California State Allocation Board. Fees collected pursuant to AB 2926 may only be used to provide temporary facilities and/or service the matching funds requirement should the district participate in the Leroy Green Lease-Purchase School Facilities Program. Additional revenue generating mechanisms, including financing for permanent facilities are: 1. General Obligation Bonds 2. Mello-Roos Community Facilities Districts 3. Certificates of Participation 4. District's share of Redevelopment Funds 5. Sale of Surplus Land 6. Developer fee programs. All new school related deyelopment must be approved by the State of California Office of State Architect prior to construction. To facilitate approval at the state level, the school districts use the following criteria: 1. The new senior high schools shall be constructed to accommodate approximately 2,400 students and shall be designed to allow for a four-year curriculum. 2. New junior high/middle schools shall be constructed to accommodate approximately 1,400 students. WPC F:\JIOMm'l.ANNIN<JID324P 3-60 3. New elementary schools shall be constructed to accommodate approximately 650 students. 4. A senior high school shall consist of at least 50 usable acres; a junior high/middle school site; 20 usable acres. The acreages may be reduced to encourage the joint use of community parks where appropriate. 5. An elementary school site shall consist of at least 10 usable acres. The district encourages joint use with parks where appropriate. 6. School sites shall be located in proximity to major arterials, and primary ingress and egress to the site shall be controlled by a signalized intersection. 7. The proposed land uses adjacent to a school site shall be planned in such a manner as to minimize noise impacts and maximize harmonious development between the two uses. 8. To further community development and enhance the quality of life, schools should be centrally located in residential neighborhoods in order to best serve the majority of the student population. 9. School development is subject to the California Environmental Quality Act (CEQA). Therefore, prior to accepting the dedication of a school site, the district will require an examination of the existing environmental conditions (seismology and geology, etc.) to determine its adequacy. 5.6 LmRARY DEVELOPMENT POLICIES In order to serve the public in the most effective and efficient manner the selection of new library sites should be based on the following criteria: 1. Proximity to Community Activity Centers or neighborhood retail centers. 2. High visibility from the streets providing access. 3. Primary ingress and egress to the site controlled by a signalized intersection or other adequate vehicular control. 4. Compatibility with the surrounding neighborhood character. 5. Minimum displacement of existing residents and businesses. 6. Minimum costs. In addition, site should be of sufficient size, shape and topography to provide for the development of a library facility that will meet the following criteria: 1. One level structure of the required size to meet the service standards. WPC F:\HOMBPLANN!NG'D324P 3-61 2. Public and staff parking in accordance with City standards. 3. Adequate allowances for landscaping and building setbacks requirements. The planning and design for the library buildings should be in accordance with the following gnidelines. 1. Library space of .5 to .7 gross square feet per resident 2. Three books per capita, plus spoken word audio cassettes, video cassettes and compact disks. 6. REFERENCES The following reports and studies were used in the preparation of the Public Facilities Element: 1. P&D Technologies. Chula Vista General Plan, Land Use Element 2. Otay Water District. Central Area Water Master Plan Update. March 1987. 3. Sweetwater Authority. Water Master Plan Update, November 1985. 4. Engineering-Science, Inc. Water Feasibility Study. May 1987. 5. Engineering-Science, Inc. Wastewater Feasibility Study. May 1987. 6. San Diego County Water Authority. Water Market Assessment September 1988. 7. Lawrence, Fogg, Florer and Smith. Drainage Master Plan Report. 1964. 8. Leedshill-Herkenhoff, Inc. Drainage and Flood Control Summary Report. August 1987. 9. County of San Diego, Division of Solid Waste. Regional Solid Waste Management Plan. 1986. 10. Engineering-Science, Inc. Solid and Hazardous Waste Control Feasibility Study. May 1987. 11. County of San Diego, Division of Hazardous Waste. Hazardous Waste Management Plan. May 1989. WPC F:'JIOMPPLANNING'0324P 3-62 . EXHIBIT B CHAPTER 3 PUBLIC FACILITIES ELEMENT CONTENTS Section Page 1. INTRODUCTION ....................................3-1 2. GOALS AND OBJECTIVES ............................3-1 3. INVENTORY OF EXISTING PUBLIC FACILITIES ..........3-6 3.1 WATER FACILITIES INVENTORY ...............3-6 3.2 WASTEWATER FACILITIES INVENTORY. . . . . . . . . 3-8 3.3 DRAINAGE AND FLOOD CONTROL FACILITIES INVENTORY.............................3-10 3.4 SOLID WASTE COLLECTION AND DISPOSAL FACILITIES INVENTORY .................. 3-12 3.5 HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES INVENTORY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-16 3.6 SECONDARY SCHOOLS INVENTORy............ 3-16 3.7 ELEMENTARY SCHOOLS INVENTORY .......... 3-18 3.8 LIBRARY INVENTORY. . . . . . . . . . . . . . . . . . . . . . . . 3-18 4. PUBLIC FACILITIES PLAN ........................... 3-19 4.1 WATER DISTRIBUTION NETWORK..... ........3-19 4.2 WASTEWATER COLLECTION AND DISPOSAL SYSTEM ................................ 3-22 4.3 DRAINAGE AND FLOOD CONTROL SYSTEM .... 3-26 4.4 SOLID WASTE COLLECTION AND DISPOSAL SYSTEM ................................ 3-30 4.5 HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL SYSTEM ......... 3-31 4.6 SECONDARY SCHOOL SYSTEM ................ 3-34 4.7 ELEMENTARY SCHOOL SYSTEM... . . ..........3-34 4.8 LIBRARY SYSTEM ........................... 3-34 5. POLICIES AND GUIDELINES ......................... 3-35 5.1 WATER SUPPLY POLICIES. . ..................3-35 5.2 WASTEWATER SERVICE POLICIES. . . . . . . . . . . . . 3-36 5.3 DRAINAGE AND FLOOD CONTROL POLICIES ... 3-37 5.4 SOLID WASTE CONTROL POLICIES ............ 3-38 5.5 HAZARDOUS WASTE CONTROL POLICIES ...... 3-38 5.6 SCHOOL DEVELOPMENT POLICIES ............ 3-61 5.7 LIBRARY DEVELOPMENT POLICIES ........... 3-62 6. REFERENCES...................................... 3-63 1. INTRODUCTION The public facilities element of the Chula Vista General Plan focuses on the facilities and services that are controlled by the City through direct administration or contractual agreement, and facilities provided as obligatory services by other public agencies. In the case of hazardous waste treatment, storage and disposal, non-obligatory facilities provided by the private sector and not necessarily under the City's control through direct administration or contractual agreement, are also addressed. Excluded are public facilities that fall directly within the scope of other elements of the plan such as Parks and Recreation, Circulation and others. 2 GOALS AND OBJECTIVES The general objective and goal of the City of Chula Vista, as it relates to the infrastructure requirements of the general plan, is to promote an adequate and efficient range of public facilities and services. This will be accomplished by identifying key issues that should be addressed by the Public Facilities Element and establishing the goals and objectives in response to each issue. Issues are statements of either opportunities or problems the City will encounter in providing adequate infrastructure requirements. Goals and objectives are statements of value regarding what should or should not take place during the course of the City's development. The issues, goals and objectives which are applicable to the water, wastewater, drainage and flood control and solid and hazardous waste facility requirements are discussed in this section. GOAL 1. WATER FACILITY PlANNING As in many other areas of Southern California, Chula Vista has experienced significant growth over the past two decades. This growth has placed an increased demand on the water distribution and supply facilities for the area. Chula Vista is highly dependent on imported water supplies from the Colorado River Basin and State Project Water from Northern California. In recent years, below average rainfall throughout California coupled with a court decision reducing California's share of Colorado River Water, has increased the importance of proper water management and conservation. It is the goal of Chula Vista take actions, appropriate to its population and resources, to control the growth in demand for water and promote water conservation. Objeetive 1. Promote water conservation through increased efficiency in essential uses and use of low water demand landscaping. Objective 2 Encourage, where safe and feasible, wastewater reclamation and use of reclaimed water for irrigation and other uses. Objective 3. Encourage suppliers to adopt a graduated rate structure designed to encourage water conservation. Objective 4. Actively participate in the agency planning for providing 3-1 adequate emergency storage and supply facilities for Chula Vista and neighboring communities. GOAL 2 WASfEWATER FAClUTY PlANNING Chula Vista relies on the City of San Diego Metropolitan (Metro) Sewage System for treating and disposing of the wastewater generated within the general plan area. The City of San Diego has been mandated by the Environmental Protection Agency to upgrade the Metro system to secondary treatment levels. This mandate, coupled with the increased demand on Metro, will result in significant expansion to the existing system of which Chula Vista is part. It is the goal of the City to participate in the regional decision-making process regarding this expansion and to control the growth in demand for wastewater treatment within the general plan area. Objective 5. Continually monitor wastewater flows and anticipate future wastewater increases that may result from changes in the adopted land use. Objective 6. appropriate. Promote low wastewater generating development where Objective 7. Actively participate in the Metro expansion planning process, and where appropriate, evaluate reasonable alternatives to eliminating Chula Vista's dependence on Metro. Objective 8. Assure that new development meets or exceeds a standard of high quality in wastewater facility planning and design and that existing downstrcam facilities are not adversely impacted by the addition of new development upstream. Objective 9. Resist the addition of permanent new pump stations where gravity flow is at all possible. GOAL 3. DRAINAGE AND FLOOD CONTROL FACIIJTY PlANNING As growth occurs in the future, the proportional amount of rainfall runoff from each drainage area will increase. As a result, existing drainage and flood control facilities downstream will begin to experience higher flow rates than they have been experiencing or were designed for. It is the goal of the City to properly regulate design of future facilities such that the effectiveness of the existing drainage facilities are not degraded. Objective 10. Required development of on-site detention of storm water flows such that where practical, existing downstream structures will not be overloaded. Objective 11. Assure that new development incorporates a high degree of sediment control as part of their project. Objective 12. Preserve the existing drainage structures in Central Chula Vista where possible to minimize the disruption to the public and the requirement for additional space for larger facilities. 3-2 GOAL 4. SOLID WASTE CONTROL PLANNING The production of solid wastes in San Diego County, including Chula Vista, has steadily increased on a per capita basis at about 10 percent per year since 1982. If this trend continues as more development occurs, and based on the availability of suitable disposal sites, Chula Vista could experience a solid waste disposal problem. This could mean at minimum a significant cost increase for transporting materials great distances to available disposal sites and the possibility of increasing the number of waste transfer sites within the City. While control and siting of disposal sites falls under the jurisdiction of agencies other than Chula Vista, including the County of San Diego and State of California, the City has the ability to control waste production within its general plan area. It is the goal of Chula Vista to take action appropriate to its population and resources, to promote reductions in solid waste production and plan for adequate disposal. Objcctivc 13. Promote recycling of any material which has a reusable nature. Provide public facilities to handle recycling of materials such as paper, glass and others. Objective 14. Support waste reduction legislation. Objective 15. Support the County Public Information and Education Program regarding solid waste reduction and recycling. Objective 16. Participate in regional planning and evaluation of solid waste disposal sites and alternative methods of solid waste disposal. GOAL 5. HAZARDOUS WA!.'TE MANAGEMENT PLANNING Coupled with population growth in San Diego County is a growth in the need for consumer goods and services, and the industries that produce them, in order to maintain economic stability. However, many of those goods and services contain chemicals or use chemicals in their manufacture and/or packaging. While our quality-of-life and economic stability may be largely dependent upon these products and services, we are also threatened by the mismanagement of their chemical remains or the hazardous waste generated. Past practice has seen much of the CSHRt)"S hazardous waste generated ~ $@!?iM9BP.i!WY disposed of in off-site hazardous waste landftlls without p~e~t~eat~en't".' )\ ~areness of the inherent public and envirohmental dangers of such practices has been heightened by recent federal and state legislation regarding the management and disposal of hazardous wastes. The focus of this legislation has been toward increasing public and environmental safety by reducing the hazard inherent in disposal through adequate waste treatment, and toward reducing the volume of hazardous waste produced requiring treatment and disposal. Assembly Bill 2948, State Government Code Sections 25135 e1. seq. and 25199 e1. seq. (Tanner, 1986), referred to as the Tanner Act, represents a significant move toward the management of hazardous waste in a comprehensive and systematic approach, and requires every County to formulate and adopt a Hazardous Waste Management Plan. 3-3 The San Diego County Hazardous Waste Management Plan (COHWMP) was prepared in cooperation with local jurisdictions and the San Diego Association of Governments (SANDAG), and approved by the State Department of Health Services (DHS) in October 1991. Its principal goal is to "estJlblish a system for managing hazardous materials, including wastes, to prokd publU: health, safety and welfare, and maintain the economi<: viability of San Diego County." The COHWMP serves as the primary planning document providing overall policy direction toward the effective management of hazardous waste within San Diego County, including that within the City's General Planning Area, through establishment of goals, policies, and implementation measures predicated upon the following management hierarchy: 1. Encourage and support hazardous waste reduction and minimization at its source through methods such as alteration of manufacturing processes and/or materia] substitutions, 2. Encourage recycling and on. site treatment, 3. Provide for adequate off-site multi.user facilities to physically or chemically eliminate or diminish hazardous properties, or reduce residua! volumes requiring disposal, in a manner which protects public health, safety, and welfare, and 4. Provide for adequate disposal facilities for treatment residuals. The COHWMP functions as a guide for local decisions regarding hazardous waste issues, and in addition to waste reduction strategies, it sets forth siting, permitting and processing requirements for local review of applications for off-site bazardous waste treatment facilities. As such, each City within the County is required to adopt necessary provisions to implement the COHWMP. Therefore, the following related sections of the Public Facilities Element of the Chula Vista General Plan incorporate the COHWMP by reference as if set forth herein, and as provided by law, prescribe those more specific, or stringent, planning requirements and siting criteria reflective of local conditions which shall prevail over the more general provisions of the COHWMP in favor of ensuring the utmost protection of public health, safety and welfare, and environmental resources within the City of Chula Vista. Objective 17: Develop effective screening processes for new and existing local businesses using hazardous materials and generating hazardous waste to encourage waste minimization. Objcctive 18: Promote recycling and alternative technologies for industrial, small business, and household hazardous wastes in cooperation with the County and other agencies. Objective 19: Establish effective hazardous waste management planning within the City through involvement of the public, environmental groups, civic associations, waste generators. and the waste management industry in decisions on local waste issues and facility proposals. 3-4 Objective 20: Ensure the protection of the health, safety, and welfare of Chula Vista residents and the integrity of the City's environmental resources, through establishment of effective processing procedures, and siting and ~##4;~~~9~~i{,I~[i#~~i~~#J;l!i~i~g~i~~~~lt!1~~I~~~~~iW~9t GOAL 6. SCHOOLS As growth occurs in the City, particularly new residential development, increased demands for school services and facilities will be placed on the school districts servicing the Chula Vista Community. While the control and siting of school sites falls under the jurisdiction of the local school districts, Sweetwater Union High School District and Chula Vita City Schools, it is the goal of the City to facilitate the districts' provision of school services. Objective 21. Coordinate the review of development proposals with the local school districts to ensure that adequate school facilities are available to meet the needs required by the development. Objective 22. Coordinate with local school districts during the review of land use issues which required discretionary approval such as tentative subdivision maps, planned unit developments, zoning ordinance and general plan revisions and amendments. Objective 23. Provide the school districts with the development thresholds as proposed by the growth management committee for the agencies' review and comment. Objective 24. To site new school land use designations in a central location within residential neighborhoods. GOAL? liBRARY As growth occurs in the City, particularly residential development, increased demand for library service will occur. It is the goal of the City to provide for the expansion of the library system into the newly developing areas and areas not adequately served by existing library facilities. Objective 25. that adequate development. Coordinate the review of development proposals to ensure library facilities are available to meet the needs of new Objective 26. Continue the process of planning and site selection to ensure that new facilities are built in existing area that are not currently served by an adequate library. Objective Z7. To site new library facilities in a central location to conveniently serve the surrounding community. 3-5 3. INVENTORY OF EXISTING PUBliC FACILITIES The public utilities and service system is one of the most important considerations in urban development. Urban development and growth is dependent upon the availability of public utilities and services. Conversely, expansion of these is dependent upon thorough planning which in turn is an extension of appropriate and well-reasoned land use analysis and proposal. The facilities and networks which make up the public works "infrastructure" are generally considered as the foundations upon which activity areas are facilitated and maintained. In the case of Chula Vista, the infrastructure may be one of the primary criteria for determining future growth of activity areas. The infrastructure addressed in this element consists of the following facilities: Water Wastewater Drainage and Flood Control Solid aRa Hazaraeus Waste Control H;iiMdQ4$Wil$l~ciiiim.i1 Generally, the City of Chula Vista is being adequately served by its public works infrastructure. Certain facilities, however, are in need of improvement and upgrading. The following sections discussed in greater detail each of the infrastructure systems and the agencies controlling them. 3.1 WATER FACILITIES INVENTORY The City of Chula Vista's general plan area is provided water service primarily by two major water agencies. These will be discussed below and are shown on Figure 3-1. Sweetwater Authority Central Chula Vista is served by the Sweetwater Authority whose service area within the City is bounded by Interstate 805 and Sweetwater Reservoir to the east, San Diego By to the west, the Otay River Valley to the south and SR 54 Bonita Road to the north. Approximately sixty percent of Sweetwater's system is supplied by gravity from the Sweetwater Filtration Plant. The remainder of the system is comprised of pumped pressure zones at the higher elevations. Source supply for the City's portion of the system is largely from surface water runoff and collection at Sweetwater Reservoir augmented by the San Diego County Water Authority aqueduct system when necessary. Transmission and distribution pipelines ranging in size from 6 inches to 42 inches, deliver water to Chula Vista with a normal operating pressure range of 40 to 90 pounds per square inch (psi). Daily and seasonal peak flow requirements, including fire flows, are offset by operational storage reservoirs located throughout the City. Total operational storage for Sweetwater is approximately 38 millions gallons with an average daily demand of about 24 million gallons per day. 3-6 . ::E w t- m > m CJ z -t- 1m C':Ix CDW ~ :I I c:II -::E .....w t- m > m a: w t- ~ ..,--, I L--, ~ L.] I ~ i 000 00 00 00 o 11. >- .... '" z < ~ z 52 '" '" ~ '" z < a: .... .... !!1 .r~ I < . c . z >1 ::> t-. 0 ~: 0' So! :d-:: ~1 '" :;), c <I ffi.l t- <I: 3: t- W w 3: m '" z ;( ~ z o ;:: ::> !!! a: .... '" c .... !!1 )( w Otay Water District The easterly portion of the general plan area is served by the Otay Water ~istrict. Otay refers to this area as the Central Area which encompasses three Improvement ~istricts including 1.0. No.5; 1.0. No. 10; and 1.0. No. 22. Improvement ~istricts are defined as areas which are assessed fees in relation to the benefit received for constructing water or sewer facilities for that area. These districts were formed on the following dates: 1.D. No.5, November 28, 1%0 by Resolution No. 123 1.0. No. 10, February 11, 1963 by Resolution No. 265 1.0. No. 22, July 3, 1972 by Resolution No. 986 This portion of the general plan area is bounded by Interstate 805 to the west, the Otay River Valley to the south the Lower Otay Reservoir to the east and the area known as Bonita to the north. Approximately 39 percent of this area is served by gravity while the remainder requires pumping. The system is comprised of five pressure zones (service areas), two water booster pump stations, six reservoirs and two connections to the San Diego County Water Authority filtercd water aqueduct system. The aqueduct system supplied by Colorado River Water and State Project Water provides the only supply source to this area. Pipelines range in size from 6 inches to 30 inches and current total storage volume is approximately 32 million gallons. The average daily demand for the system is about 4.5 million gallons per day. 32 WASTEWATER FACILITIES INVENTORY As a member of the City of San Diego Metropolitan Sewage System, Chula Vista currently has contracted for capacity rights equaling 17.1 mgd average daily flow. Including the 2.0 mgd metro capacity rights that were acquired when Chula Vista over the operation of the Montgomery Sanitation District brings the total contract capacity to 19.1 mgd for Chula Vista. The City of Chula Vista operates and maintains its own sanitary sewer system. This system consists of approximately 270 miles of sewers ranging in size from 6 inches to 36 inches, 10 raw sewage pump stations and three independent metered connections to the City of San Diego Metropolitan Sewer System (Metro). Figure 3-2 illustrates the major components of the existing wastewater system. The northern portion of the City gravity flows into the Spring Valley Interceptor which is generally located in Sweetwater Road. This line is owned and operated by the County of San Diego. This line is owned and operated by the County of San Diego, which leases 11.4 million gallons per day (mgd) to Chula Vista. Presently, the City contributes 1.4 mgd to this line, which terminates at a connection to Metro near Sea Vale Street. 3-8 tII I C') CD .. ::::I !1} LL ."'-' .I .L--, ~ L'l CJ z - l- I- W e/) CJ Z - l- e/) >< W I ::iE w l- e/) >- e/) a: w ~ == W l- e/) cC == I L, i \. \ \ \ \~ ..., Q. > .... ::I! w .... V> > V> o '" .... w ::I! '" w ~ w V> '" z ::> '" .... .... V> X w Q. > .... 0; "'0 ....- w.... ::I! 0 w ";Z V>z -0 ~O , Central Chula Vista transports its wastewater flows to Metro via two major trunk sewers. The first major line being the "G" Street trunk sewer, which receives tributary flows from the area bounded by "D" Street south to "R" Street. This trunk sewer terminates at a metered connection to Metro located off "G" Street just west of Bay Boulevard. Existing wastewater flows in this line represent approximately 2.6 mgd. The second trunk sewer serving Ccntral Chula Vista from "R" Street south to Naples Street is located in "J" Street and Telegraph Canyon Road. This line begins in the east on Otay Lakes Road near EastLake Drive and terminates at a metered connection to Metro located at the end of "J" Street west of Bay Boulevard. This trunk sewer currently transports 3.9 mgd of Chula Vista wastewater flows to Metro. The southern portion of Chula Vista is served by the Main Street and Faivre Street trunk sewers. These lines generally parallel each other beginning on the easterly side of the Interstate 805, and ending at a single connection to Metro at the end of Faivre Street. The two lines join in Industrial Boulevard prior to making the Metro connection. Presently, 4.1 mgd worth of flow is being metered at this last connection. The total Chula Vista wastewater flow into Metro is therefore 12.0 mgd at this time. 33 DRAINAGE AND FLOOD CONTROL FACILITIES INVENTORY The City of Chula Vista operates and maintains its own drainage and flood control facilities. This system, as shown in Figure 3-3, is made up of improved and unimproved flood control channels, storm drains, bridge crossings, detention basins and various other facilities. These facilities range in age from recently constructed to in excess of 30 years old. In general, the existing structures are in good condition and free of debris and sediment. The single, largest maintenance problem the City has experienced over the years has been maintaining the unimproved channels in a clear condition, free of vegetation and other debris such as shopping carts. Obstructions of this nature have historically caused stream blockage and remote flooding if left unattended. As in all systems of this nature, the existing drainage and flood control facilities have their limitations. Development of the system by the City has been guided, over the years, by the use of numerous studies and reports including primarily the 1964 drainage master plan report prepared by Lawrence, Fogg, Florer and Smith. The most significant hydraulic problem with drainage in Chula Vista is the downstream portions of the numerous natural drainage channels which have been developed over the years. Initially, runoff was directed into the natural, or possibly improved channels, or into storm drain trunk line. As the upstream portions of the drainage areas developed, the load on the downstream system increased. In some instances this has resulted in occasional downstream flooding because the existing systems are not able to convey thc runoff adequately. The problems and constraints of the major drainage courses are described briefly. 3-10 "- >- .... 1!: '" < ID W CJ < z ! CJ ;: II: L, Z c - . l- i . l- . UJ . . r/) . . CJ . . . Z . . - ... .... . l- . .. r/) . . - . . )( . UJ . .- .. I . . ... r/) . ..: UJ >- .... - I- '" ..I ..... w - z CO) 0 Z C( < I :<: CO) II. t.> ..I >- C 4D 0 w w .. ..... > ~ a: ..... 0 ~ I- >- < II: W > "- II. Z ..... II: . :! ..... >< . 0 < W W II: Z > Q .... ~ .... 0 .... II: < Z '" II: W ;= >- ::E ~ > w t.> )( 0 .... ..... W >< t.> < w .... ... 0 t.> 0 ::E ~ '" ..J 0 0 II: g < ~ II: "- '" t.> ..I II. 0)0 ... C'I CO)..,. II) 0 ... ... ... ... ... ... Z C( z z .1 UJ >- >- t.> ., ~ t.> < II) t. >< .... w :!: '" w Z C ... ..: z i !!! 0; "- ,. Z w >- z < >- < >- II: t.> >- > II: II: .... - ::E t.> t.> t.> 0 C( < " . c " !:i " w ..... ID W . '" a: ..... z " !:2 ::;) ~ ..... , . ..... 0 g < 0 :<: w . . W ;= '" "- II: t.> :<: .... . Z Z . < . C'I CO)..,. 11)"'.... co . :<: ... . t.> . . Q . W Q > Z 0 II: W "- ::E " Z w ::;) ..... ,..: '" )( W Palm Canyon is located in southeast Chula Vista and drains to the Otay River. The upstream portion has been lined through the developed area and is in good condition. The downstream section, with outfall to Otay River, is heavily vegetated and there are significant flow constrictions at several culverts. Poggi Canyon also is located in southeast Chula Vista and drains to Otay River. The upstream portion has been lined through the developed areas. The downstream portion and outfall to Otay River are heavily covered by brush. Sediment deposition in a box culvert at Otay Valley Road if left unattended will reduce the effective hydraulic capacity of this facility. There is potential [or substantially increased flows in this basin due to the availability of undeveloped land in the upper canyon. Telegraph Canyon is located in Central Chula Vista and drains to San Diego Bay. The portion o[ channel above Hilltop Drive has been lined through the developed area and is in good condition. Sections of the downstream portion below Hilltop Avenue appear undersized as evidenced by recent high waters through the channel. There is a potential [or substantially increased flows in this channel due to new development in the upper canyon. Central Area Basin is located in north Central Chula Vista and drains to San Diego Bay. The channel has a [ew areas o[ lining but nothing significant. This area is not subject to substantial new development so runoff should not be increased greatly in the future. However, this channel appears too small to eonvey 100-year storm flows. Lower Sweetwater is located in norther Chula Vista and drains to San Diego Bay. This is an area that will be channelized as part of the Corps of Engineers flood control program. This area has historically experienced flooding during significant rain[all, however, the Corps of Engineers proiect should alleviate this problem. Upper Bonita Long Canyon is located in northeast Chula Vista and drains to Sweetwater River. The channel has been lined in the upstream areas and appears adequatc for existing development. There is a potential for substantially increased runoff due to the availability of land in the upper canyon. The lower canyon development has encroached into the flood plain, and increased runoff from developing areas in upper canyon may cause future problems. 3.4 SOUD WASTE COLLECnON AND DISPOSAL FACILITIES INVENTORY Control of solid waste collection and disposal for the general plan area fall under several jurisdictions. Regional planning and management for San Diego County's solid wastes are administered by the San Diego County Solid Waste Division o[ the Department o[ Public Works. This agency is responsible for revising and updating the "Regional Solid Waste Management Plan" (RSWMP) which reviews current solid waste collection and disposal practices, predicts futurewaste generation trends and reviews the possible means for accommodating [uture collection and disposal needs. This document is the major planning tool for the County and includes solid waste planning for all 3-12 of the cities within the County. Collection and disposal of solid wastes are the responsibility of each city for its residents. The City of Chula Vista and the communities in the sphere of influence contract private collection agencies to assume collection and disposal responsibilities for their residents. The following collection agencies services the sphere of influence at present: Chula Vista Sanitary Service American Trash Service J amul Services EDCO Disposal Corporation Chula Vista Sanitary Service collects municipal refuse from Central Chula Vista, Bayfront, Montgomery/Otay, Telegraph Canyon/Lakes, Sunnyside and Bonita within the planning area. This agency as a 17-year contract with the City of Chula Vista and has the ability to expand their operation to meet the long range needs of Chula Vista area. American Trash Scrvice provides collcction service for the South Bay area. Within the General Plan Area, American Trash Service collects municipal refuse from the Bonita community. This agency also services the communities of Sweetwater, Dulzura, Jamul, Spring Valley, and Casa de Oro. Jamul Services collects wastes in the Bonita, Jamul, Casa de Oro, and Dulzura areas. EDCO Disposal Corporation also provides collection service for tbe Bonita community. For waste disposal, there are currently nine landfills in San Diego County. Tbese are sbown in Table 3-1. Figure 3-4 depicts the existing solid waste disposal sites within the general plan area. Wastes collected in the Chula Vista area (approximately 131,000 tons per year in 1985) are disposed of at the Otay Landfill. This facility is located north of Otay Valley Road on the south side of Chula Vista and serves the Cities of Chula Vista, Coronado, 1m pc rial Beach, National City, and San Diego. Otay Landfill was opened in February of 1966, and the expected worst-case closure date is 1999. The worst-case scenario, according to the Regional Solid Waste Management Plan, assumes that no new facilities are added to the region's existing disposal system, and average annual waste generation increases by 5% per year. Under this plan, Otay Landfill will be the last landfill in the region to close. 3-13 i(~;'{.:;X~='.-..s:::.-=::::=.(*::--=::;:~:::::::--=:'{.:::;:::=."'?::::::::*::::::=>>'v.s.:~*f.i.:=."'?::,*:::::::..o>;.O:::::::::::-J...~~:~::,*::~~':!;;.'*~~.~~,*::::~~*^~::~~ TABLE 3-1 EXISTING LANDFILLS IN SAN DIEGO COUNTY REMAINING EXPECTED C~ACITY CLOSURE LANDFILL LOCATION yd /tons) DATE Borrego Landfill Northeast Co. 510,000/ 2005 306,000 Otay Landfill South Chula 25, &000,00/ Vista 15,4&0,000 Ramona Landfill Central Co. 104,000/ 19&& 62,400 San Marcos LF San Marcos 7,000,000/ 1991 4,200,000 Sycamore Landfill Santee 36,400,000/ 1997 21,&40,000 West Miramor LF North of 29,400,000/ 1995 Clairemont Mesa 17,640,000 Montgomery LF Kearny Mesa area 273,000(1 ) 19&9 City of San Diego Las Pulgas LF Camp Pendleton 2,600,000 2010 Ysidora Basin LF Camp Pendleton 12,000,000 2099 Source: "San Diego County Regional Solid Waste Management Plan", 1986. S:::X'.nnnnnn~'";~,*,n1.r$:~'"-'k.'~~~~~~::OO'.:.' WJ~~.!;,!to.. ..;:~(~~~.M~. ~.. ...=.:~. ~g. :~~-::: CJ z t= ... 1&1 (/) CJ Z ... (/) - >< 1&1 I 1&1 .,... I(/) M~ a>>::: ... :S(/) .21::1 11..0 Q a: CC N CC ::E: Q Z CC Q - ..I o (/) ~ ~ '-i \~ ~ " ~t-~~ ~~~'O ,yo 805 .. ~ II> -' C II> el2 z'" ita .... 01- ZII> ..c "'~ "'", c::> ::Eo 00 .", I-c !!N MC ..% "",f-f-'II"'! f> '0,,\'1 Qlf-GO ~ '" C o Z ::> o III -' .. -' ~ ... '" o I- Z Z C .. -' .. i! I- C II> .. ; ~ e ~ -' II> o C II> ~ ~ II> ~ ::> o g . '" I- C .!! N M C .. % = u ", o .. II> g U .. ~ II> -' e II> o ... !! o .. l- II> ; ~'" ~::> og .", I-C !!N Me ..% Specific data pertaining to the Otay Landfill design are as follows: Landfill size - 294 acres Tons received per day (1986) - 1,380 tons/day Remaining volume - 25,800,000 CY or 15,480,000 tons In-place density of compacted trash - 1,200 lbs/CY minimum Property size - 515.64 acres Cut slope - 1:1 or 1.5:1 Fill slope - 3: 1 Existing disposal operations at each of the County's landfills are reviewed continually by the County and the City of San Diego to determine if operation or design changes would allow extended use of the site. Such changes may include height and slope modifications for active work areas, increased in-place density of compacted trash and acquisition of additional acreage to expand existing site capacity. There are at present no plans for expansion of the Otay Landfill due to public resistance to additionallandfilling in the area. 35 HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES INVENTORY Collection, transporting, treatment, and disposal of hazardous wastes are the responsibility .of the generators of such wastes. Hazardous waste generators incur both financial and environmental liability due to collection, transporting, treatment and disposal of hazardous wastes generated. Therefore, hazardous waste generators must select transporters and treatment/storage/disposal facilities (TSDFs) with utmost scrutiny. Similar scrutiny applies to !:1im~r% State, County and local government whose responsibility it is to .regulate generators and transporters, and to safely site, license, and monitor TSDFs to ensure adequate capacity is available to handle the waste stream in a manner which protects public health and safety, and the environment. Chapters III and IV of the COHWMP provide general information regarding waste generation, transportation, treatment, and facility operation, including a legislative history. Chapter VII provides a comprehensive inventory of existing TSDF's within San Diego County, including the APTEC II facility located within the General Planning Area at Otay LandfIll. Figure 3-5 depicts the location of existing TSDF's within the County. A copy of the COHWMP, as may be amended or revised from time to time, is on file in the Office of the City Clerk. 3.6 SECONDARY SCHOOLS INVENTORY Secondary school facilities within the City of Chula Vista are provided by the Sweetwater Union High School District. The district operates senior high schools, junior/middle high schools, adult education schools and a continuing education school. Ten of these facilities are located in the City. 3-16 1. Appropriate Technologies Chula Vista 2. PRC San Diego 3. Baron-Blakeslee San Diego .. NAS North Island Coronado 5. Pe~per Oil National City 6. Safety Kleen San Diego 7. Triad Marine San Diego FIGURE 3-5 EXISTING OFF-SITE FACILITIES IN SAN DIEGO COUNTY JUNE 1992 B EXISTING OFF-SITE HAZAROOUS WASTE TREATMENT'STORAGE FACiliTIES CD . ,. "'__~brt1\e ~San J)ic~" .-\',';I:K'L-\TIO:-; 01' (j()\'EK."~I1X~ The California Basic Education Data System (CBEDS) enrollment prepared for the 1988-89 school year showed that the district has an enrollment of 26,845. The schools in operation for the 1988-89 year have been designed and constructed to house a total of 22,648 students. To mitigate overcrowded conditions, the district houses students in temporary classrooms such as trailcrs and relocatable structures. Through the use of previous CBEDS enrollments and demographic analysis, the district projects an enrollment in excess of 35,377 by the year 1993. Based on these projections, the district will require a minimum of seven new secondary facilities to meet the increased demand. A new senior high school will be located in the EastLake Planned Community. It is anticipated that this school will house 2,400 students. Additionally, a middle school site is anticipated to be located within the Rancho Del Rey Phase III development. That school should house approximately 1,400 students. 3.7 ELEMENTARY SCHOOLS INVENTORY Elementary school facilities within the City of Chula Vista are provided by the Chula Vista City School District. The district is currently operating 30 schools. Ten of these facilities are on year-round schedules with the remainder on the traditional school calendar. CBEDS enrollment prepared for the 1988-89 school year showed District enrollment at 16,179. Existing schools have been designed to house a total of 600 students each. To mitigate overcrowded conditions, the district currently utilizes relocatable classrooms. Through the use of previous CBEDS enrollments and demographic analysis, an enrollment in excess of 20,800 is projected by the year 1985. Based on these projections, the district will require a minimum of seven new elementary facilities to meet the increased demand. A new clementary school will be located in the EastLake Planned Community. It is anticipated that this school will house 650 students and be in operation in 1989. A second new school will be located on the Windrose Way near the Terra Nova Center. Additionally, a school site located within the Sunbow development is planned. 3.8 LIBRARY INVENTORY The City of Chula Vista currently operates the Civic Center Public Library on "P' Street in Central Chula Vista and two neighborhood branch libraries in the Montgomery area. The City has adopted a standard of 0.5 to 0.7 square feet of library space per capita. 3-18 4. PUBUC FACILITIES PlAN The required public facilities necessary to provide adequate service for the proposed land use is discussed in this section. Recommended improvements presented herein were the results of numerous studies and reports prepared by the control agencies and outside consultants. These facilities would require implementation as development occurs in order to guarantee that the high quality of public utilities and services continues to be the standard that Chula Vista enjoys today. The infrastructure addressed in this element consists of the following facilities: Water Wastewater Drainage and Flood Control Solid aRd Ha,anlsus Waste Control HiJi~i9ijiJ,$Wii~hiG9Q(i91 4.1 WATER DISTRIBUTION NETWORK The rccommended future system improvements that will be required in order to accommodate the planned growth for the general plan area are shown in Figure 3-6 and are discussed below. Sweetwater Authority In 1985, a Water Master Plan Update was prepared which reviewed the adequacy of the total system, including Chula Vista, at buildout conditions. This report used the then current Chula Vista General Plan for plotting various land use categories for the service area. Based on this data, in conjunction with historic water usage data per land use category, ultimate water demands were projected and hydraulic analyses were performed. The rcport concluded the following: (1) The supply facilities will reqUIre expansion to meet future requirements. The supply facilities are defined as the water treatment plant, the raw water pump station to supply the treatment plant, the aqueduct service connection (filtered water) and the local wells. Recommendations include treatment plant expansion to 45.4 mgd (30 mgd currently) and a connection of the Water Authority's raw water aqueduct system to Sweetwater Reservoir for off-peak storage. (2) A comprehensive study needs to be initiated to review the long-term water supply of the Sweetwater Authority. 3-19 z cr: ...I a. ~:!E C")w CD~ ...(/) ~> ~(/) 1&.1:1: W ~ ~ I .~~ I II: . < >i ~ 1-. ::> , 0 ~ II> 0' ~ :J-!.1 ~-T ~ ::I' '" <i C c:i UJ"'- ~ I- W w 3: en 0.. >- ~ .,: >- ~ '" ~ < ~ :z !2 '" !!! ~ '" z < II: ~ '" !: < ::Ii :z o i= ::> !! II: ~ !!! Q .. II: ::> .. ::> ... ! L, i ~. \ ..: \ !!! . ',)( . \ w .~ . . . . . . . . ~~,J~ J ~ r~~ )" \ \ \. \ \. 'i ! .,: >- ~ '" z :< ~ z o i= ::> II> it ~ !!2 Q ..: '" ;:c w (3) The existing water transmISsIOn mains will need bolstering for buildout condition. Due to the lack of interconnecting pipelines between National City and Chula Vista, Chula Vista is dependent on a single 36-inch pipeline under the I-80S freeway for supply. Should line fail, stored water in Chula Vista would soon be expended and supply curtailed. The Authority is in the process of implementing a series of interconnections which will help to alleviate this problem. (4) Approximately 63 percent of the required ultimate storage volume is presently in place. An additional 18 millions gallons of storage will need constructing prior to buildout. (5) Numerous pump station expansions will be required in order to meet future system requirements. (6) Within the City of Chula Vista, the existing water distribution system will require only a nominal amount of improvements in order to accommodate build out. (7) Sweetwater's main water supply, the Sweetwater Reservoir, will require improvements in order to protect the water quality from tbe degradation effects of urban runoff. The Authority is currently in the first phase of implementing a runoff protection system for the reservoir. (8) The ongoing cast iron water main replacement program should be continued and the old steel water mains, which are approaching their expected life span, should be added to the program. It was concluded by the Water Master Plan Update that future master plan updates should be conducted at five-year intervals or whenever land use designations are modified. Otay Watcr District In 1987, Otay Water District prepared the Central Area Water Master Plan Update which evaluated the system requirements at buildout conditions. Limited land use data was available for the majority of the service area. However, conservative land use assumptions were used in conjunction with specific plan development proposals for definitive projects such as EI Rancho del Rey and EastLake as the basis for future water demand projections. The land use data used in that report differs from the general plan designations particularly in the easterly and southerly areas of the service area. The system evaluation prepared by an outside consultant, subsequent to the Otay report, used the general plan land use information and resulted in conclusions and recommendations very similar to the Otay report. The following presents the required future system improvements based on the previous analyses: (1) The projected ultimate average daily water demand for the general plan service area within the Otay Water District is 45.5 mgd. 3-21 (2) The water supply connections to the SDCWA aqueduct system should be adequate for ultimate conditions although they will require further analysis at a later date as water demands on the aqueduct system increase. (3) Numerous water transmission and distribution pipelines will be required in the future to provide adequate service. These generally fall into two categories including: a) paralleling existing lines, and b) installing new lines into areas that previously had none. (4) Approximately 70 percent of the required operational storage is presently in place. An additional 14 million gallons of storage will require construction prior to buildout. (5) The service area is seriously deficient of emergency storage in the event of an aqueduct failure. Approximately 163 million gallons of storage will require construction in the future to accommodate anticipated growth. The District is currently pursuing the first phase of this objective. (6) The two existing pump stations will require expansion in the future. In addition, a new pump station will need to be built in the highest pressure zone to service the upper elevations. (7) The area within the Otay Ranch, east of Medical Center Drive, north of the Otay River, west of Lower Otay Reservoir and south of Telegraph Canyon Road should be served by separate facilities as determined at the time development plans are proposed. (8) A comprehensive study needs to be undertaken to review the long term water supply and storage alternatives for the general plan area and the San Diego County as a whole. 4.2 WASTEWATER COLLECfION AND DISPOSAL SYSTEM In 1987, the City retained an outside consultant to evaluate the adequacy of the existing wastewater system for the year 2005 and buildout conditions. The proposed land use information and population densities contained in the general plan were used to estimate future wastewater flows for the city. Based on these flows, each of the major wastewater facilities were examined for deficiencies. In general, the study concluded that a major modification to the existing system was not required at this time. However, the results did indicate that certain additions and improvements to the system would b necessary to accommodate the projected future sewage flows. The recommended major facility improvements are shown on Figure 3-7 and are reviewed below. Based on that study, the average daily wastewater flow at buildout conditions is estimated to be 29.6 mgd. For the year 2005, the projected average daily wastewater flow is approximately 25.0 mgd. The following presents the 3-22 conclusions and recommendations of the facility analyses based on these flow rates: (1) Numerous interceptor and trunk sewer improvements will be required in the future to provide adequate service. The improvements generally fall into two categories including: a) paralleling or replacing existing sewers, or b) installing new lines into areas that previously had none. The Central Chula Vista and Bayfront planning areas will require the least amount of new lines. The exception in this area would be the southerly portion of the main Street and Faivre Trunk Sewers which will require almost complete paralleling to accommodate future flows. This is largely the result of having to provide transmission capacity for flows generated in the Eastern Territories planning areas of Salt Creek, Wolf Canyon and Poggi Canyon. The Sweetwater planning area will require new sewers in the areas of Proctor Valley and Wild Mans Canyon. The existing sewers east of Interstate 805 generally appear to have adequate capacity for future growth. The Eastern Territories planning area will require the highest amount of improvements largely resulting from the predominantly undeveloped nature of the area. The majority of the recommended sewers in this are would be categorized as new lines for service areas that previously had none. Drainage basins to be improved include Telegraph Canyon, Poggi Canyon, Wolf Canyon, Salt Creek and the Otay Valley Area. (2) Several pump stations will require expansion prior to ultimate flow conditions. In addition, it is likely that new temporary pump stations will be constructed by developers in Eastern Territories planning area as an interim measure for providing wastewater service to areas that currently have no sewer system available. These temporary pump stations should be avoided when reasonably feasible and should be taken out of service as quickly as gravity service becomes available to the general area. (3) Ground water or storm water infiltration to the sewer system was not seen as being a significant problem during the study period. However, the winter of 1987 was below average in rainfall (11.6 inches as compared to the eleven year average of 16.0 inches) and as such the results were considered non-conclusive. Infiltration should be further analyzed in subsequent studies during periods of normal or above normal rainfall conditions to properly evaluate this potential. The low lying areas of the Sweetwater River Valley and Otay River Valley should particularly receive close scrutiny. (4) The City of Chula Vista has adequate capacity rights in the City of San Diego Metro Sewer System to accommodate future growth. With a present total flow to Metro of about 12.0 mgd and contract 3-23 capacity of 19.1 mgd, 7.1 mgd is currently available for future development. However, Chula Vista will require additional treatment capacity in order to accommodate the ultimate buildout flow rate of 29.6 mgd. The City of San Diego's Metro Sewer System is currently undergoing major changes. The Environmental Protection Agency (EPA) has mandated that San Diego convert their existing advanced primary treatment facility at Point Lorna to secondary treatment. The net effect of this conversion is a significant reduction in that plant's treatment capacity. With that reduction and without other system changes, it is likely that San Diego would not be handle their contract flow rates from the member agencies including Chula Vista. With this in mind, San Diego is in the planning process of upgrading the overall Metro System which includes interceptors, pump stations and new treatment plants. Chula Vista is an active member of this planning process to guarantee that their best interests are being addressed. Chula Vista has several options available to them for obtaining the necessary future treatment capacity. They can continue to contract with San Diego for capacity in metro, as they have in the recent past, including increasing the contract capacity to accommodate the anticipated future flows. The required Metro upgrades will come out of the planning process are likely to be quite expensive. These costs will be passed on, in part, to the member agencies which will increase the cost of treatment to Chula Vista. Although no definitive numbers are available at this time, it is thought that the cost San Diego would have to charge member agencies for treatment could be between three to four times as great as it is now. Another option available to Chula Vista for obtaining the required treatment capacity would be to construct their own treatment facility. Although this alternative would have many obstacles in its way prior to being implemented such as environmental considerations, land availability, and general acceptance by the Chula Vista citizenry, it may prove to be the most cost effective method of wastewater treatment and disposal available to Chula Vista. Still another available alternative would be a blend of both above alternatives where Chula Vista would treat a portion of their wastewater and divert the other part to Metro. Due to the uncertainty with respect to the outcome of the Metro planning process, no reasonable decision can be made at this time for directing Chula Vista's future preferred method of treatment and disposal. This will be evaluated in greater detail in an upcoming study presently authorized by the City. 3-24 Z ,00<< ...I D. :i: w ..... l- I CI) (')> GI CI) ... a:: :s .~ W LL ; W I- CI) ~ a: >- .... ! L, i a: w ~ w en '" Z => a: .... o w en o 11. o a: 11. \ \ \ \ \ '! i i i i i a: >- .... a: w ~ w en '" Z => a: .... ,.: en x w ~ w .... en >- en o a: .... w ~ ,.: !:'! X w a: >- .... ~ /~'i!..r o a:Z ....0 w- ~ ;:; .w ....z !:'!z xO wt) (5) Reclamation should be reviewed in significant detail during the upcoming study already authorized by the City. Although reclamation did not appear to be cost effective during the most recent study, this conclusion could be significantly affected by the outcome of the ongoing Metro planning process. If Chula Vista were to construct their own treatment plant or the City of San Diego's new plant were to be located in closer proximity to Chula Vista, the cost to provide reclamation facilities would be reduced. Presently there appears to be about 0.35 mgd worth of demand for reclaimed water within Chula Vista including greenbelt areas, freeway landscaping and others. At ultimate this demand could be in excess of 1.0 mgd for for similar areas in newly developed portions of the general plan area. Conversely, if the use of reclaimed water was mandated by the City for developments that could use it in an effort to lower the drinking water demand, reclamation would not have to be completely cost effective to be implemented. With the scarcity of water in Southern California, many agencies are approaching reclamation from this standpoint. Chula Vista is currently reviewing their reclamation opportunities and long range planning. 4.3 DRAINAGE AND FLOOD CONTROL SYSTEM In 1987, the City retained an outside consultant to evaluate the adequacy of the existing drainage and flood control facilities at the General Plan buildout conditions. The proposed land use information contained in the General Plan was used to estimate future runoff volumes based on the 100-year flood conditions. Based on these estimatcs, each of the major basin and sub-basin drainage and flood control facilities were examined for deficiencies. The level of effort expended in these analyses was not intended to produce a comprehensive master plan, but to provide the initial studies leading into a detailed master plan which Chula Vista has subsequently authorized. The results of the initial study were sufficiently detailed to provide specific proposed improvements as to the required hydraulic capacities, facility sizing and location and overall systcm configuration. In general, the study concluded that a major modification to the existing system configuration was not required. However, the results did indicate that certain additions and improvements to the system would be necessary to accommodate the 100-year flood conditions (shown in Figure 3-7). The proposed improvements fan into two general categories including: 1) drainage and flood control facility design criteria for use in guiding developer improvements, and 2) specific basin improvements. The proposed design criteria and overall system philosophy included the following: (1) Hydrology. The City should use a 100-year return freqnency storm as a basis of design. This is because the 100-year event is the accepted standard for most municipalities for new development, the Federal Emergency Management Agency, the California Coastal Commission, the County of San Diego and most other State and 3-26 Federal agencies. (2) Sediment Control and Grading. The City of Chula Vista has no standard for sediment control. Consideration should be given to instituting requirements for sediment control, especially since Chula Vista is experiencing a significant amount of new development. Much of this development is taking place in the upper canyon areas. These areas have a high potential for large volumes of sediment. If there is no control over the sediment, it is likely that problems will result in the lower canyon areas as the sediment falls out and reduced cross-sectional areas of culverts and channels. (3) Dctention Basins. Chula Vista is somewhat constrained by the existing storm drainage facilities in the lower canyons and in the metropolitan area. Some of these facilities were adequate for the initial development phase, but as the upstream areas of the drainage basins have developed there has been an increased load on the facilities. Because of the cost and difficulty in increasing the capacity of the existing drainage facilities, use of detention basins as an alternative means for flood control should be considered. This should be determined on a case by case basis. These detention basins can be constructed within the newly developing areas and serve to detain the runoff peaks long enough to reduce the load on the downstream channels and storm drains. (4) Hydraulics. The existing City criteria establishes minimum criteria for both open channels and closed conduits. This criteria is consistent with similar requirements throughout San Diego County and so no changes arc proposed. The following presents the proposed general drainage and flood control improvements' for the thirteen basins within the Chula Vista General Plan Area: (5) Central Area and Judson Basins. For basins with peak storm flows approximately equal to those in the Fogg Report, no new recommendations are made. Recommendations included in the Fogg Report are considered still valid, especially for the Central area and Judson basins. This includes channel lining, culvert installation and other general improvements. (6) Telegraph and Poggi Canyon Basins. These two basins will experience the highest level of new development based on general plan. Both canyons have severely limited downstream capacities and will require significant improvements. For the most part, the downstream capacities of the canyons are limited by the culverts and to a lesser, but still significant extent, channel conditions. The options considered in the improvement of the channel conditions were cleaning and maintaining the natural channels, lining the channels with rock riprap or lining the channels with concrete. The proposed channel improvements for this basin were a combination of all three. 3-27 The options used for increasing culvert capacity included larger box culverts and bridge structures. The bridge structure resulted in a more cost effective solution for increasing the capacity at crossing structures. (7) Salt Creek Basin. Salt Creek Basin and Use development is proposed to occur around the perimeter of the basin, with a large open area in the center. This open space would incorporate the existing drainage path of the Salt Creek Basin. The proposed improvements for this basin include requiring the developers to detain excess flows so that the peak runoff and velocities do not exceed existing conditions. This would allow the existing, natural channel to remain unchanged. Miscellaneous culverts and channel outlets would be required. (8) All Remaining Basins. For remaining basins including Palm Road Basin, Sunnyside Basin, Wolf Canyon Basin, Rice Canyon Basin, Glenn Abbey Basin, Otay Lakes Road Basin, Long Canyon Basin and Harborside Basin, proposed improvements included detention basins, culverts, bridge structures, grade control structures and lined channels. The City should prepare a comprehensive master plan to assist Chula Vista in guiding the orderly and cost effeclive development of overall system up to the year 2005 and beyond. Chula Vista is currently proceeding with this recommendation. 3-28 co I CO) CD ... :J CI - II. z c( ..J 11. ..J o a: ... z o o c o o ..J II. C Z c( W CJ c( Z - c( a: c .. >- .... .. >- .... ..J W Z Z < :r t) o w > o It .. ~ o w '" o .. o It .. :!: '" < '" w o < z ;: It o ! L, i . . . . . . . . . . . . .... ... . . .. . . . . .... . . ... . ..: >- .... '" ..J W Z Z < :r t) o w > o It .. ~ >- W ..J ..J W '" < > 0 It Z It if z .... It W >- ~ 12 > w t) '" ..J t) < .... ... t) 0 ~ '" ..J 0 It 0 < ~ It .. ..J t) CI) O...N CO)o:/'lt) ... ... ... ... ... ... z :i >- >- t) < t) " w '" W Z .... 0 X z z w >- z !!1 ., .. < >- It t) > < ~ t) >- It It t) C; t) < 0 0 0 0 ~ W ..J II> W ..J Z I:) 50? :> It ..J ;= 9 < 0 X < w '" .. It t) X .... ... N CO) 0:/' It) COt-. CD 0 z w I:) W ..J .... '" )( w .1 0 ., It) T. w > ... .. 0 ~ ~ It >- .. .... . ~ . z '" :> ..J w ..: z z ~ < )( X w t) 4.4 SOLID WASTE COLLECTION AND DISPOSAL SYSTEM In 1987, Chula Vista retained an outside consultant to evaluate the solid waste control requirements for the general plan area. Future waste projections for the planning area were developed based on the general plan land use information and appropriate waste generation factors. The results indicated that Chula Vista's needs are being well planned for although there exists a few long range shortcomings. The conclusions and recommendations of that study are presented below. Solid waste collection by the private agencies is currently being handled satisfactorily. Each company has the ability and inclination to expand their operations to meet the solid waste needs of the general plan area at 2005 or at buildout. It is estimated that in excess of 400,000 tons per year of solid waste could be generated within the planning area by the year 2005. Expansion of these operations will impact the roads and highways within the planning area which is discussed in the Circulation Element of the general plan. Solid waste disposal by the County of San Diego for the general plan area presents no immediate problem. However, long range solid waste control planning for Chula Vista and the overall County is less defmed. The Regional Solid Waste Management Plan (RSWMP) was recently revised (1986) and the revised version evaluates seven waste generation/disposal scenarios. The worst-case scenario ("Do Nothing" alternative) indicated that there will be no landfills remaining in San Diego County after the year 1988 if no new landftlls were added to the region. The most optimistic ("Best Case") scenario indicates closure of all landfills by the year 2011. This scenario assumes extensive volume reduction and recycling projects. It is clear from the scenarios evaluated in the RSWMP that new landfills must be sited in conjunction with developing and using various waste reduction methods toprevent a serious crisis in solid waste management in the next decade. The Department of Public Works is presently engaged in numerous studies to locate landfill sites in the County. The selection process requires much analysis and public input and more will be known within the next five years. In addition to siting new landfill facilities, waste reduction and recovery projects are underway by San Diego County. The County Board of Supervisors, as the agency responsible for regional solid waste management, has adopted a policy to reduce waste quantities to the landfills and promote alternative disposal methods. The policy establishes that landftlling is the preferred disposal method only for wastes that cannot be recycled or processed and for the residual from processing. This policy promotes the use of alternatives such as resource recovery to produce energy or animal food sources and seeks funding for such projects. The policy also encourages lifestyle changes to reduce per capita waste generation and increase recycling, and it encourages the use of additional volume reduction methods such as shredding. The city is currently applying for a grant to fund a recycling feasibility study. 3-30 In summary, it was concluded that the solid waste master planning and long range goals, as administered by San Diego County and updated regularly in the Regional Solid Waste Management Plan, are considered adequate in addressing the future disposal needs of the County (including the Chula Vista sphere of influence). Plans for site enhancement projects at existing landftlls, waste volume reduction and waste-ta-energy projects, as well as the current studies to locate new landfill sites in the County will benefit the planning area in the future by providing additional landfill capacity. If these plans are implemented, capacity at the Otay Landfill should be adequate for meeting future solid waste demands, and no alternative disposal methods should be required fOT accommodating the planning area requirements in the next twenty years. Figure 3-9 depicts the current and proposed solid waste disposal site within the general plan area. 45 HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL SYSTEM Pursuant to requirements of the Tanner Act, the COHWMP contains an evaluation of current and projected hazardous waste generation and treatment needs within San Diego County. Such an evaluation enables a comparison of needs to existing facility capacities, and a determination of treatment surpluses and shortfalls upon which facility planning strategies can be developed. Accurate forecasting and planning is difficult in that the volume of hazardous waste that will be produced and require off-site treatment and disposal will be largely affected by regional growth, the identification and clean-up of hazardous waste contaminated sites, legislative and regulatory changes regarding the definition and handling of wastes, and the effectiveness of on-site treatment and waste minimization efforts including reuse, recycling, and promotion of safe substitutes. Chapters VB and VIIl of the COHWMP present a comprehensive inventory and evaluation of current and projected hazardous waste generation and facility needs, by each of the eight generalized treatment methods (GTMs), from the base year 1986 through the year 2000. The results of that evaluation, indicate both surplus and shortfalls in fully addressing the region's treatment needs depending upon the particular GTM. As these i:opd)/ionsw,1Jbe ronlinua!lychanging, Policy VI1I-C of the COHWMPiillS tor tJj<i$tate Depmment of Health. Services and (he Courrty. Hawdou$ . Miiiiiriit!$ Management Division to provide periodic updates to local jUrisdictJQJjSf~ru$~ in hazardous waste management decision making. 3-31 z cC ... a. w I- U) ; (J) U) :;) J, 0 t) 0 ... a:: ::J cC C)N -< 1I.::c o Z < o - ... ~ a: ~ a: w '" w a: a: ~?( ...... ::>0 /11 0: w a 0: o .. ... = ... a z C ... III ... III ; a ::; o III >- j! o ~...~... ~...,,'i> ,,,, 805 III ... ;;; .. z w i! c III 0: .. III .. III C ~ III ::> g 0: C N C :z: = t>\IOGO U III .. IL C ~ t>\IOGO ~~~99iim~!'iQIDY~'~~Q$9f1~t~!)#$~;+treatment capacity shortfalls are indicated for the Oil Recyling, Siabilization, Solvent Recovery, Incineration and Other GTM's. Those shortfalls in the Oil Recycling and Stabilization GTM's are large enough to support new facilities within the region, while those in the Solvent Recovery, Incineration, and Other GTM's in and of themselves are not. There are !we !~riiii possible courses of action for addressing (1i~~I*!!# shortfalls, the first being continuation of the existing practice of co.ntra.cting for needed treatment capacity outside the region, the second is to site a 9#i# facility\\i1; within the region of an economically viable size which would address these shortfalls, and provide capacity to adjacent regions experiencing identical circumstances;~#4~#!,*!1*.tli##AA~!i!if #*~\i98;{~pm#~Wji!i\9tl1#r#gi9iii Projected. capacity surpluses..occm-.ij].the Aqueous Treatment/Organics, Aqueous Treatment/Metals, and Oil/Water Separation GTM's, and are based principally upon already existing capacities available at facilities within the San Diego Region, although some 3,000 tons of additional annual capacity for Aqueous Treatment/Metals is anticipated through on-site activities proposed by General Dynamics and Rohr Industries. \\lith.. .the . ~~~~gti?n.. ?f .~... ~~R!i. .?n:~i~: 0~~~~ti?~~'.~e~it!9ij~l#~Ji*~W'f9f Hj~~q..HM!m~N~.~!iq1!!~W)t....Ij~..gqq9q~..i#jm"'...f!#.r~~!q% these AAi!~Wig su~pius capacities will con'tinue to be utilized"by generators outside'the re~'on: There currently exists within the City a multi-user hazardous waste treatment facility located within the Otay Landfill as depicted on Figure 3-9. Appropriate Technologies II (APTEC II) receives a variety of hazardous wastes for treatment, and was approved by the City under a Conditional Use Permit issued in 1981, with operating levels set forth in that permit. As indicated in COHWMP Table VII-4, APTEC II is one of the largest Treatment, Storage and Disposal Facilities (TSDF's) within the San Diego Region, providing Aqueous Treatment/Metals, Aqueous Treatment/Organics, Solvent Recovery, Oil/Water Separation, Stabilization, and Other GTM's. Its combined estimated annual treatment capacity for all GTM's is approximately 32,000 tons, greatly exceeding the City's hazardous waste generation rate, which was last comprehensively estimated in 1986 at 3,776 tons annually (COHWMP, Figure VII-C). According to figures in the COHWMP, which mayor may not be consistent with operating levels authorized by the City's 1981 use permit, APTEC II's 'l.Q$6 total annual treatment capacity equates to approximately 26% of the Region's entire treatment needs, varying by GTM as follows: GTM APTEC II Capacity as % of Recional Need Aqueous Treatment/Metals Aqueous Treatment/Organics Solvent Recovery Oil Recovery Oil/Water Separation Incineration Stabilization Other 53% 52% 13% 0% 1% 0% 50% 75% 3-33 The City is e0mmittea t8 f3artieif3atiHg iN the Beeessary treatmeNt afh1~nMElsQS 'xaste at a level eElHi\'alsBt ts 1.':a5t6 geBsrati88 'sithiN the City ef ChaIa Vista, aHB a fair sHare ee tae SaR Diege RegioR's \':85t6 treatmeDt Beeas. The City recognizes that while APTEC II's total capacity far exceeds Cbula Vista's projected total waste treatment needs, not all of the City's treatment needs are met by APTEC II. Some local wastes require treatments not provided at APTEC II, and as in the case of incineration, not witbin San Diego County. Additionally, selection of waste treatment facilities is open to the generator, and as a result, wastes generated within the City may actually be treated elsewhere in the County, or outside the region entirely even though necessary processes and capacity are available at APTEC II. The City recognizes that ~ ~!jjii'Bf c?nditions exist for all cities within the $im~ij1g~ Region, m *i:;i~1J9i.j{j!Jj;{~W1~; and that attempts to directly regulate the geographic generatio"n and . treatment of wastes presents tremendous complexities. Understanding that some cities may not be host to a facility, Chula Vista's es",,,,it,,,eRt p!ifii;ij:!#!i*#.!ii!h~.ii#%iAA~iY~fu#iir*fft#@#liiW!~~shall take into account the efforts of all jurisdictions !9#iN!i~1?~yi#~!1@~i!!~ tr#~\fuiiiiil#~P9@\\im!#W#J)# to effectively reduce their needs for off-site treatment, through on-site treatment and waste minimization efforts. These hazardous waste management concepts are intended to reflect the Fair Share Principles of the COHWMP, which while recognizing that locally sited facilities will exceed local needs, are intended to ensure that the responsibilities for waste management are equitably recognized and addressed within San Diego County and neighboring regions. 4.6 SECONDARY SCHOOL SYSTEM The Sweetwater Union High School District has prepared a master plan for the expansion of its facilities. The plan includes the district's population composition, demographic profile, enrollment history and facilities inventory. From this plan, the district establishes student generation factors and development standards for the construction of new schools, The Sweetwater Union High School District Master plan is a public document and available for review and/or reproduction at the district offices. 4.7 ELEMENTARY SCHOOL SYSTEM The Master Plan for the Chula Vista City School District is anticipated for completion in 1989. The plan will include the district's population composition, demographic profile, enrollment history and facilities inventory. Based on this plan, the district will establish student generation factors and project facility needs. 4.8 LIBRARY SYSTEM The City has prepared a master plan for the Chula Vista Library system. The basic role of the Chula Vista Public Library will continue as a service and cultural center for people, a source of information in the community for purposes of business, social, governmental, practical and enjoyment. The projected growth of the City will require more library space. The master 3-34 plan calls for the Central Library to continue to serve the Central Chula Vista and Bayfront areas at its present size. In addition, the plans callsfor the construction of two new full service libraries. The first is to be in the Montgomery area to serve the approximately 50,000 existing residents. At the time the new library is constructed, one or both of the small neighborhood branches are expected to be closed. The second new library will be in the Sweetwater JBonita area and will also be a full service facility. This library is planned to be built in two phases as population increases. The fourth library of the master plan system is a smaller library for the Eastern Territories. This will serve the population of this newly developing area and will be built as is warranted. The master plan evaluated a total of seven sites in the Montgomery area. With little vacant land available all alternatives to new construction should be thoroughly explored such as renovation of exiting buildings. In the Sweetwater area a site has been set aside for a future library and five other sites have been evaluated. An interim library and five other sites have been evaluated. An interim library facility for Eastern Territories will be provided in the EastLake Village Shopping Center when it is constructed. The location is available on a five-year rent free basis. The permanent facility is expected to be construct cd on a site in EastLake. The total master planned library system at buildout will include three full service libraries and one library in Eastern Territories that will be sized in accordance with demand. 5. POLICIES AND GUIDELINES Providing for adequate infrastructure development within the general plan area as it grows, requires the application of certain policies and guidelines. Those policies and guidelines, as contained in this section, will assist the user in interpreting the goals and objectives of Public Services Plan which will assure that the quality of life in Chula Vista in maintained or enhanced in future years. 5.1 WATER SUPPLY POLICIES Water supply for the general plan area comes primarily from two sources: local water derived from precipitation and stored in Sweetwater Reservoir, and imported water transported by the San Diego County Water Authority. Proposed future development and conversion of now vacant land to other uses will place ever-increasing demands on these supplies. Potential limitations on the availability of both supplies highlights the need to combine long-term planning for water supply with long-term planning for community development in Chula Vista. (1) The City shall actively partIcipate in the water master planning process by the Otay Watcr District and Sweetwater Authority. The City shall use the master plan to assist in assigning the highest priorities to projects that will alleviate existing water supply problems such as insufficient transmission capacity or storage. 3-35 (2) Prior to approval of development applications, the City shall determine that there is adequate water to accommodate the demand generated by the proposed development. (3) The City shall encourage and monitor water conservation techniques and programs and shall educate the community with respect to the importance of these efforts. This shall include the following: . Mandate the use of water conservation devices in new development including low water use toilets, shower fixture and other amenities. . Promote low water usage landscaping that is drought tolerant. . Mandate the use of reclaimed wastewater for all reasonable applications except in severe hardship cases. . Establish, in concert with the water agencies, a public information program to educate the community concerning water conservation and the use of reclaimed wastewater. . Establish a water conservation monitoring program. (4) The city shall strongly encourage the San Diego County Water Authority to make the necessary improvements required to assure adequate water supply to Chula Vista. 5.2 WASTEWATER SERVICE POLICIES The collection and disposal of wastewater generated within the general plan area will require much study and planning in the future. With the Metro system undergoing significant change coupled with the need to implement an effective reclamation program, the City will be faced with major decisions regarding the ultimate wastewater system configuration. An up-to-date Wastewater Master Plan, administered by the City, will ensure the adequacy of future facilities to meet the demands imposed by future development. The extension of wastewater service and the availability of capacity will greatly influence how much and where Chula Vista grows. (1) The City shall use the Wastewater Master Plan as a guide to the future wastewater collection and treatment facility requirements. (2) Proposed facilities shall conform to this general plan's policies for land use, development location and timing. (3) Prior to approval of development applications, the City shall determine that there is adequate capacity to accommodate the wastewater generated by the proposed development. (4) Costs of improvements which are necessary to serve new development, such as extensions of service and pump facilities, shall 3-36 be financed by the developer. Facilities shall be constructed to City standards and dedicated to the City. This policy does not preclude the use of assessment districts or similar mechanisms to fmance improvements. Existing residents should not have to pay for improvements necessitated only by new development. However, if existing residents benefit by increasing their property's housing density, they shall be required to participate in the required improvements. (5) New development to be served by septic systems in the City and in the County shall be reviewed by the County Health Department to ensure the adequacy of the design, the suitability of the soils to accommodate on-site disposal systems and the protection of nearby surface and groundwater systems. Septic systems shall be permitted only as a last resort if gravity flow to the City's sewer system is not possible and only on parcels at least one acre in size, provided that the City is satisfied that the above criteria are met. (6) Actively participate in the Metro expansion planning process and, where appropriate, evaluate reasonable alternatives which will eliminate Chula Vista's dependence on Metro. (7) The City shall authorize a feasibility study with respect to implemcnting a phased reclamation program to promote drinking water conservation. The study should address participating in the Metro reclamation program or establishing an independent program. 53 DRAINAGE AND FLOOD CONTROL POUCIES Collecting and conveying storm water from present and future developed area is essential to protecting lives and property. Development of the largely undeveloped Eastern Territories could significantly affect the existing downstream drainage and flood control facilities in Central Chula Vista if not properly regulated. (1) The City shall use the Drainage and Flood Control Master Plan as a guide to thc future stormwater facility development. (2) If improvements are necessary to accommodate new development, it shall be the developer's responsibility to bear the costs of such improvements, to construct the facilities to City standards and to dedicate them to the City. As an alternative, the City may establish and the developer shall pay drainage basin fees for fmancing the required facilities necessary to preclude a negative impact on the downstream facilities. (3) Prior to approval of a development application, the City shall determine that there is adequate downstream storm water drainage capacity to accommodate thc runoff generated by future development within the project's drainage basin. 3-37 (4) The City shall mandate the development of on-site detention of storm water flows such that, where practical, existing downstream structures will not be overloaded. (5) The City shall require the development of on-site sediment control a part of each project. (6) The City shall discourage disruption of the natural landforms and encourage the maximum use of natural drainageways in new development. Where possible, non-structural flood protection methods, such as natural channels or improved channels which simulate natural channels should be considered as an alternative to constructing concrete channels to protect and stabilize land areas. 5.4 SOLID WASTE CONTROL POUCIES The City's solid waste is disposed of in the Otay Landfill located within the general plan area. The site is expected to close in the foreseeable future if waste reduction technologies are not employed. It is critical that the City continue to participate in and support efforts to extend the life of existing solid waste landfills and to locate and develop new landfills. (1) The City shall continue to support efforts by the San Diego County Solid Waste Division of Public Works to maintain adequate facilities for solid waste disposal. (2) The City shall encourage efforts to recycle waste materials. Small collection facilities should be permitted or provided in commercial and industrial areas. Provided adverse circulation, parking and visual impacts can be mitigated. (3) Sites for transfer stations, where garbage collected from individual collection routes are transferred into larger trucks for disposal, should be permitted within areas designated for general industrial, provided circulation, visual and noise impacts do not adversely affect adjacent uses. (4) The City shall support waste reduction legislation and the County Public Information and Education Program. 55 HAZARDOUS WASTE CONTROL POUCIES Effective and safe management of hazardous wastes within the City of Chula Vista, in accordance with provisions of the COHWMP, requires the deveJopment of policies and irn plementation measures which recognize not only the need for adequate waste treatment capacity, but also the need to reduce the volume of wastes produced, to establish a local regulatory framework to coordinate the revicw of applications for new or expanded hazardous waste facilities among involved agencies, parties and the public, and to set forth location ai, siting, and permitting criteria for hazardous waste facilities which will ensure the protection of public health and safety, and environmental resources. 3-38 As a rapidly growing, mixed-use community characterized by the integration of industrial, business and technological areas within a predominantly residential land use fabric, the City of Chula Vista has special concerns with respect to local hazardous waste management, particularly the safe siting or expansion of off-site hazardous waste treatment facilities. Based on particular local conditions creating these concerns, as further indicated in the following sections, it is the City's intent to actively participate in, and promote efforts to reduce the volume of waste adding to the necessity to site new, or expand existing, hazardous waste treatment facilities. Furthermore, as provided by Section 25135.7(d) of the Health and Safety Code, the following sets forth those planning and siting criteria, and other provisions intended to prevail over those of the COHWMP, where their application is more stringent or restrictive in favor of the protection of the public health, safety and welfare, and environmental resources within the City of Chula Vista. Hazardous Waste Minimi7;:1tion Consistent with the provisions of Chapter VI of the COHWMP, (1) The City shall continue to participate in and support the efforts of the County Hazardous Materials Management Division (HMMD) and other involved agencies to meet the goal of a 30% reduction in county-wide hazardous waste generation over the next five years through source reduction, reuse, and recycling approaches. This shall include the exploration of funding and grant sources. .. (2) The City shall encourage the development of industries within the general plan area which are negligible or minimal hazardous waste-producing, and shall properly screen and identify new or proposed development that will be using hazardous materials and generating hazardous wastes. (3) Prior to the issuance or renewal of a business license for businesses igygly;pg t!5if!g hazardous materials andZ9r generating hazardous waste, the City shall require proof that the licensee has prepared and su b.~littcd.. .an..a.~c7Ptabl.7.... ... B ~sin7ss Plan;##4~*fM~#i91:!!1#1 ff~y~n9!'!lgf8gmm~i!j)PJi9!!J!~, with the County HMMD, and obtained all necessary licenses and permits. In cooperation with HMMD's Pollution Prevention Program, the City shall also consider the establishment of a local screening process to ensure those businesses participation in waste minimization efforts. (4) In cooperation with the County HMMD, the City shall work to enhance community awareness and public relations regarding hazardous waste management and minimization through dissemination of literature, and the sponsoring of educational workshops and forums with hazardous material and waste industry leaders, product and business associations, and local waste generators. (5) The City shall establish a program to recognize industries or businesses that effectively eliminate or minimize hazardous wastes. 3-39 (6) The City shall prepare periodic reports on the progress of hazardous waste minimization efforts in the City. Houschold Hazardous Waste Pursuant to the requirements of AB 939, the City has prepared for adoption a Household Hazardous Waste Element (HHWE) as a component of county-wide integrated waste management plans. Consistent with Chapter V of the COHWMP, the HHWE addresses the safe collection, recycling, treatment and disposal of household hazardous waste within the City over both the short term (1991-1995) and mid-term (1996-2000). (1) The City shall work with the County to encourage, through community education, a reduction in household hazardous waste generation by promoting safe substitutes and recycling. (2) The City shall encourage the safe disposal of household hazardous wastes by working with the County in providing convenient disposal alternatives to the residents of Chula Vista, including support and sponsorship of community collection events, and establishment of specialized criteria for evaluating the siting of temporary and permanent collection centers. Gcncral Areas The Tanner Act (AB 2948) requires the mapping of "general areas" within which hazardous waste facilities might be established, subject to evaluation based on the siting criteria set forth in the subsequent section. "General areas" are intended to illustrate the extent and distribution of potential siting opportunities within Chula Vista and as such, are designed along with the siting criteria as first step in analyzing the appropriateness of a particular site for a hazardous waste facility. The "general areas" ARE NOT recommended locations for such facilities, nor are they intended as a specific guide to locations where facility siting applications are encouraged. However, facility proposals should be considered only if they are within the general areas designated herein. Existing industrial areas, and future industrial areas designated in the Chula Vista General Plan were included as "general areas" in Chapter IX and Appendix IX-B of the COHWMP. These areas do not necessarily represent all the available locations for facilities, as additional land designated as industrial through future General Plan amendments and rezonings should also be considered for possible inclusion as a "general area". Likewise, application of siting criteria to more specific local conditions may prove some of the identified generalized areas as unacceptable. Based on a review of more specific local land use conditions in relation to several prominent siting criteria, Figure 3-10 depicts a refinement of "general areas" within which hazardous waste facility proposals would be considered in the Chula Vista Planning Area. These refined "general areas" shall prevail over the "general areas" described in the COHWMP and its appendices, and shall be subject to review and amendment from time-to-time as necessitated 3-40 by changing land use and other local conditions. For clarification, the following prescribes those industrially designated and zoned areas which have presently been removed from the COHWMP's "general areas" inventory: Montgomerv/Otav Communitv: Bounded by L Street on the north, Interstate 5 on the west, Otay River on the south, and Interstate 805 on the east. Much of the community's industrial areas are juxtaposed with residential uses and immobile populations such as schools, resulting from an historic lack of zoning regulation and enforcement under County jurisdiction prior to the area's armexation in 1985. Potential location of a hazardous waste facility in this land use setting would present substantial and unacceptable risks to public health and safety. In addition, the largest aggregate industrial area located along the Main Street corridor borders the environmentally sensitive Otay River Valley (recently inventoried in conjunction with preparation of the Otay River Resource Enhancement Plan), and is entirely within the dam failure inundation area for Lower Otay Reservoir's Savage Dam according to maps on file with the State Department of Water Resources. EastLake and Rancho Del Rev Business Parks: These industrially designated areas in Eastern Chula Vista are integrated components of predominantly residential mixed-use master planned communities. Reflective of this setting, they are intendcd as employment areas comprised of light industrial uses such as warehousing and distribution, and would be inappropriate for hazardous waste facilities. Furthermore, principal access to these areas is by way of East H Street and Telegraph Canyon Road which transect large residential areas and serve as principal travel routes carrying in excess of 35,000 ADT, presenting substantial transportation risks. Otav Vallcv Road: The portion of the Otay Valley Road industrial arca east of Interstate 805 and south of Otay Valley Road borders the Otay River Valley, and is entirely within the dam failure inundation area for Lowcr Olay Reservoir's Savage Dam. Thc following policies regarding General Areas in the Chula Vista Planning Area shall prevail over the seven General Area policies set forth on pages IX-46 and IX-47 of the COHWMP: (1) Proposals for hazardous waste facilities shall be accepted for review only if they are within a designated "general area" as herein established at the time the application is accepted as complete. (2) The review and evaluation of applications accepted pursuant to (1) above shall be based upon thc policies and siting criteria set forth in the City's Gencral Plan, subject to required risk assessments, environmental rcviews and other applicable codes, ordinances, and requirements. (3) "General Areas" shall be limited to existing developed industrial land, and land designated for future industrial development in the present 3-41 General Plan, except as herein restricted. (4) The City shall evaluate any future general plan revisions involving the establishment of industrial land use designations for the appropriateness of their inclusion as a "general area" within the City of Chula Vista. (5) The City may, from time to time, as changes to local plans, policies, ~~.d..c?nd:.ti?~~....war~~~tp9~~~~$?~(~~f~3~~~~ ~?n!}?~R.~g\9!.~e\i\)~Pt~~~IIS?7~~~,~~f9i:~~9.#~I(*f#;1!ij.#~~ ~!!y\mrim~n!, determine t9~9jjiiliJ:l!!~f.Y#.1iH\\\9* that certaiDindustrial land use designations or zoning districts are not appropriate for inclusion as "general areas", as long as the ability to accept applications and potentially site facilities is not significantly restricted. (6) "General Areas" for household hazardous waste collection facilities shall be restricted to lands designated for industrial use. All lands designated for industrial use within the Planning Area shall be deemed included for accepting applications for such facilities regardless of tfteif !bos~~i~~$ possible exclusion from refmed "general areas" for all other types of transfer or treatment facilities. (7) Military lands should also be considered as part of the "general areas." It is the Department of Defense policy to avoid siting of commercial hazardous waste treatment and disposal facilities on military land. Siting on a ease-by-case basis could be considered in special circumstances. A relationship should be developed with the military in which common local jurisdiction and military hazardous waste issues and needs can be cooperatively addressed. The Memorandum of Agreement that currently exists between the U.S. Navy and the SANDAG should be the basis for this relationship. (8) Land currently under the control of the Federal Bureau of Land Management (BLM) has the potential to be acquired by local government or by private parties. BLM land transferred from federal to non-federal ownership is subject to local government general plan designation and zoning. All of the general area policies and other policies would apply to this transferred land. (9) Indian land is not subject to any federal, state and local environmental, health, safety and pJanning requirements. Therefore, Indian lands should not be considered potential "general areas" unless these lands can meet all siting criteria as set forth herein, and permission to use Indian land can be obtained. 3-42 Q W Z ~",~t. 808 ii: \~",t.~ W a: c W a: c CJ Z - Z Z C ..J '" C .... U) - > C ..J :) :I: U OW 'P"% ~.... ;~ ~ . U) C W a: C ..J C a: w z W CJ . 0: i5 > 0: W '" W 0:0: ~?c ...>- ::>0 (II oa oa 'P" w Z :) ., en <( w -a: <( ~ a: w z w CJ C !;!! .it a: f",""..,...." OI"GO 9"''' ~ Siting Criteria Under the Tanner Act (AB 2948), local government is required to adopt "siting criteria" to be applied in evaluating hazardous waste facility proposals within the previously established "general areas". Siting criteria are those operational, financial, land use and transportation conditions which must be met if a hazardous waste management facility is to be permitted at a specific site. Siting criteria are both qualitative and quantitative in nature, and as the focus of the siting process are primarily intended to ensure the sufficient protection of public health, safety and welfare, and environmental resources. The criteria are designed somewhat generically in that they apply to evaluation of a broad range of hazardous waste facilities and management teclmologies which can vary greatly in their size, volume, and type of waste stream(s) handled, and which inherently may differ substantially in their potential land use, environmental, and public health impacts. While this generic nature of the criteria provides needed flexibility in the local review process, it also necessitates that facility review be conducted carefully and thoroughly. As a result, all local facility application reviews shall include an environmental review and health risk assessment, and any approvals shall be through a conditional use permit. Recognizing the influence of more specific local conditions on the development and application of siting criteria, Section 25135.7( d) of the California Health and Safety Code allows cities to establish more stringent planning requirements or siting criteria than those in the COHWMP. In order to assure that hazardous waste facilities are considered with the highest regard for the health, safety and welfare of the citizens of Chula Vista, and the continued preservation and protection of its natural resources, the following modified siting criteria shall be employed in the evaluation of hazardous waste facility proposals within the City's General Planning Area, and shall prevail over the siting criteria contained in Appendix IX-A of the COHWMP: PROTECT THE RESIDENTS OF CHULA VISTA I. Proximity to populations . Proximity to populations is defined as the distance from the boundary of the site upon which the facility is proposed to dwellings used by one or more persons as a permanent place of residence, or to dwellings inhabited by persons temporarily for purposes of work (e.g., migrant workers, construction camps). . For a residuals repository, the proximity of the facility to populations must be a minimum of 2,000 feet, subject to increase pursuant to the required risk assessments and environmental review. . The active portion of a facility shall be subject to additional 3-44 setbacks and buffering from the property boundary as required by the underlying zone, or through conditions established by the associated use permit(s). . All hazardous waste facility proposals shall be required to undergo an environmental review and prepare a health risk assessment regardless of their type, size, or proximity to populations or immobile populations. Said health risk assessment (HRA), as discussed on pages IX-28 through -33 of the COHWMP, shall be prepared under the direction of the City, the Local Assessment Committee (LAC), and any Ad Hoc Technical Committees which may be created to advise the City and the LAC on such matters. . With respect to hazardous waste treatment facilities, there is no stated distance from populations or immobile populations which is assumed to be safe. The required HRA shall serve as a fundamental mechanism to present data, evaluations and recommendations for use by the City Council in ~~~!;t~~..:t@;;~;i:;ljfl~i~~~~I~i~11~1~..1 m?tl~t>j the appropriate location and distance for the particular hazardous waste facility in relation to any existing and proposed surrounding residentia) development or other sensitive receptors. . The City shall establish a screening process to determine the scope and content of each HRA, and the need for, and type of, any additional technical studies. It is the intent of the City in developing this scope, that the HRA recognize the alLernative sites presented through the environmental review and provide corn parative evaluation of these sites se--as to enable e8m~reheR5i'le consideration of the relative public health, safety and welfare risks, and environmental protection concerns in making siting decisions. . Existing hotels and motels shall also be considered residences. . Distance separation requirements for residuals repositories and other facilities shall include all areas designated in General Plan for future residential development regardless of their density, as well as existing residences. . Setback or buffer areas shall be precluded from future residential uses through property restrictions such as easements or covenants, and where appropriate, through general planning and zoning. 2. Proximity to immobile populations . Proximity to immobile populations is defined as the distance 3-45 from the boundary of the site upon which the facility is located to areas where persons who cannot or should not be moved are located. . The definition of immobile populations includes childcare facilities and K-12 schools as well as hospitals, convalescent homes and prisons. . Hazardous waste facilities shall not be located within one mile of any of these populations unless the required risk assessment satisfactorily indicates that the attendant health and safety risks are not appreciably increased,: Me II.". m.ly at the diserelien ef tAB City CeHBeH. . 3. Capability of emergency services . Capability of emergency services is defined to include the extent of training and equipment of fire departments, police departments, and hospitals for handling industrial emergencies) particularly those involving hazardous materials and wastes. . All facilities shall be located in areas where fire departments are trained to deal with hazardous materials accidents, where mutual aid and immediate aid agreements are well-established, and where demonstrated emergency response timcs are the same or better than those recommended by the National Fire Prevention Association. . The City may require additional facility design features and/or on-site emergency services at the facility based on the type of wastes handled or the location of the facility. . Pursuant to the requirements of State law, and subject to the satisfaction and approval of the City Council, facilities may provide their own emergency response capability. ENSURE THE STRUCTURAL STABILITY OF THE FACILITY 4. Flood hazard areas . Flood hazard areas are defined as areas which are prone to inundation by 100-year frequency floods, and by flash floods and debris flows resulting from major storm events. Flood hazard areas can be determined by checking Federal Emergency Management Agency flood insurance maps or with local flood control districts. . Residuals repositories are expressly prohibited in areas subject to inundation by floods with a 100-year return frequency, and should not be located in areas subject to flash floods and debris flows. 3-46 . ~~#:~~#~~1~#t;~~#~;li(g~#I;~~~~~~~rjl!l) shall be located outside the 100-year floodplain, or areas subject to flash floods and debris flows. The risk assessment and environmental review shall analyze such hazards. Any exceptions based on proposed engineering and design responses shall be at the discretion of the City Council. 5. Areas subject to tsunamis, seiches, and storm surges . Areas subject to tsunamis, seiches, and storm surges are defined as areas bordering oceans, bays, inlets, estuaries or similar bodies of water which may flood due to tsunamis (commonly known as tidal waves), seiches (vertically oscillating standing waves usually occurring in enclosed bodies of water such as lakes, reservoirs, and harbors caused by seismic activity, violent winds, or changes in atmospheric pressure), or storm surges. . All facilities, including residual repositories, shall be prohibited from locating in areas subject to flooding from these occurrences. The risk assessment and Environmental review shall analyze such hazards. 6. Proximity to active and potentially active faults . An active fault is defined as a fault along which surface displacement has occurred during Holocene time (about the last 11,000 years) and is associated with one or more of the following: a recorded earthquake with surface rupture fault creep slippage displaced survey lines A potentially active fault is defined as a fault showing evidence of surface displacement during Quaternary time (from the last 11,000 years to about the last 2 to 3 million years, and is characterized by the following: considerable length association with an alignment of numerous earthquake epicenters continuity with faults having historic displacement association with youthful major mountain scarps or ranges correlation with strong geophysical anomalies . All facilities are required to have a minimum 2OO-foot setback from a known active or potentially active fault. . All facilities regardless of proximity to faults, shall ......... 3-47 lRiRilRHIR staReanl, be constructed to seismic zone 4 building code standards., subjeet te reE}u.iremeats iB BKeeS& as 8stermiRea asesssary by the City te peerset puelie heatf:.B aRe safety. 7. Slope stability . Slope stability is defined as the relative degree to which the site will be vulnerable to the forces of gravity, such as landslide, soil creep, earth flow, or any other mass movement of earth material which might cause a breach, carry wastes away from the facility, or inundate the facility. . Residuals repositories are expressly prohibited in areas of potential slope instability. . All other facilities shall be prohibited in areas of potential slope instability or rapid geologic change, except as authorized by satisfactory engineering and design solutions, and upon approval of the City Council. The risk assessment and environmental review shall include an analysis of such hazards. 8. Subsidence/liquefaction . Subsidence is defined as a sinking of the land surface following the removal of solid mineral matter or fluids (e.g., water or oil) from the subsurface. . Liquefaction refers to the surface materials that develop liquid properties upon being physically disturbed. . All facilities, including rcsidual repositories, shall be prohibited from locating in areas subject to these disturbances, and the risk assessment and environmental review shall include an analysis of such potential disturbances. 9. Dam failure inundation areas . Dam failure inundation areas are defined as the areas below a dam structure (i.e., reservoir dam, debris basin) which would be inundated by the flow of water from the impoundment creatcd by the dam structure if it were to fail. . All hazardous waste management facilities shall be prohibited from locating within dam failure inundation areas. 3-48 PROTECT SURFACE WATER QUALITY All facilities will be required to meet federal and state water quality requirements, administered by the State and Regional Water Quality Control Boards. 10. Aqueducts and reservoirs . Aqueducts are defined as conduits for conveying drinking water supplies. . Reservoirs are defined as impoundments for containing drinking water supplies. . All facilities shall be located in areas posing minimal threats to the contamination of drinking water supplies contained in reservoirs and aqueducts. Evaluation of such threats shall include airborne emissions potential to contaminate surface water. 11. Discharge of treated effluent . Discharge of treated effluent is defined as the availability of wastewater treatment facilities to accept treated wastewater (effluent), or the ability to discharge treated effluent directly into a stream, including a dry stream bed, or into the ocean through a state-permitted outfall. . Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available, sites should be evaluated for ease of connecting to a sewer, or for the feasibility of discharging directly into a stream or the ocean. PROTECT GROUNDWATER QUALITY Residuals repositories: Current State Water Resources Control Board (SWRCB) reguJations, as implemented by the Regional Water Quality Control Board, including: . Immediately underlain by natural geologic materials with permeability of not marc than lxlO-7 cm/scc (1.24 in/yr)l. . Natural material shall be of sufficient thickness to prevent vertical movement of fluid, including waste and leachate, to waters of the state for as long as they pose a threat to water quality. lThe interpretation of this requirement by Regional Water Quality Control Boards needs to be clarified and standardized. 3-49 . Lateral movement prevented by natural or artificial barriers. In addition to the preceding siting criteria, the current SWRCB regulations also include the following construction standards: . Compatibility of the wastes with construction materials. . Clay liner at least 2 feet thick (in addition to natural material and synthetic liner). . A leachate collection system adequate to collect and remove twice the maximum anticipated daily volume. . A cover adequate to prevent percolation of precipitation through the wastes. . Precipitation and drainage controls. . Seismic design. All other facilities: Current State Department of Health Services regulations require double containment for underground storage. In addition, the following criteria (Nos. 12 to 18) apply to non-repository facilities. 12. Proximity to supply wells and well fields Proximity to supply wells and well fields is defined as the distance to areas used for extraction of groundwater for drinking water supplies by high-capacity production wells and identified by the presence of several wells that constitute a well field. Hazardous waste facilities shall locate outside the cone of depression created by pumping well or well field for 90 days unless an effective hydrogeologic barrier to vertical flow exists. 13. Depth to Groundwater Depth to groundwater is defined as the minimal seasonal depth to the highest anticipated elevation of underlying groundwater from the bottom of any proposed waste-containing facility. 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 registered civil engineer or engineering geologist registered in California. 3-50 14. Groundwater monitoring reliability Groundwater monitoring reliability is defined as the dependability of a scientificalIy designed monitoring program to measure, observe, and evaluate groundwater quality and flow. Where the risk assessment and/or environmental review have identified any potential impacts to groundwater, in addition to required mitigation measures, a reliable groundwater monitoring program shall be required as sl'eeiHeElAA49Y~f~~~~ by the City. 15. Major aquifer recharge areas Major aquifer recharge areas are defined as regions of principal recharge to major regional aquifers, as identified in the existing literature or by hydrogeological experts familiar with the San Diego region. Such recharge areas are typically found in: . Outcrop or subcrop areas of major water-yielding facies of confined aquifers. . Outcrop or subcrop areas of confining units that supply major recharge to underlying regional aquifers. Facilities with surface or subsurface storage/treatment located within one-half mile of a potential drinking water source shall have a groundwater study conducted to determine appropriate buffer zone and mitigation measures. 16. Permeability of surficial materials Permcability of surficial matcrials is defined as the ability of geologic materials at the earth's surface to infiltrate and percolate water. Facilities locating in areas where surficial materials are principally highly permeable materials shall conduct an appropriate groundwater study, and provide for appropriate mitigation measures such as increased spill containment and an inspection program. 17. Existing groundwater quality Existing groundwater quality is defined as the chemical quality of the groundwater in comparison to the U.S. Environmental Protection Agency Interim Primary and Secondary Drinking Water Standards and, for constituents with no standards, to guidelines suggested by research reported in the literature. The Environmental Protection Agency has released guidelines defining protection policies for three classes of groundwater, based on their respective value and their vulnerability to contamination. The three classes arc: 3-51 . Class I: Groundwater that is highly vulnerable to contamination and characterized by being irreplaceable (no reasonable alternative source of drinking water is available) or ecologically vital (if polluted, would destroy a unique habitat). These are designed as Special Groundwaters. . Class II: Current or potential sources of drinking water and waters having other beneficial uses. . Class 1lI: Groundwaters not considered potential sources of drinking water and of limited beneficial use (waters heavily saline [TDA levels 10,000 ppm]) or otherwise contaminated beyond levels that allow cleanup using reasonably employed treatment methods). Facilities located in areas where existing groundwater quality is Class I or Class 11 shall conduct an appropriate groundwater impact study as part of the environmental review, and shall provide increased spill containment and inspection measures in addition to other identified mitigation. 18. Proximity to groundwater dependent communities Prohibit siting within groundwater drainage basin(s) within which groundwater dependent communities exist, except for any portion of such basin(s) 5 miles or more down-elevation from the boundaries of the subject community(ics). PROTECT AIR QUALITY Current San Diego Air Pollution Control District (APCD) regulations implementing federal, state and local air quality regulations including Rules 20.2 and 20.3 governing new source review, the APCD's standard prohibitions and Rule 51 covering public nuisances. Rule 51 would typically apply to all types of hazardous waste treatment facilities. The County of San Diego Department of Health Services implementation of response plans for acute and accidental hazards (pursuant to AB 3777) would also cover air quality issues. . The City shall involve the APCD in the screening and scoping process for the required Health Risk Assessment on all facilities, and the risk assessment shall address all potential emissions and indicate whether any have the potential to adversely affect human health and the environment, and to what extent. PROTECT ENVIRONMENTALLY SENSITIVE AREAS 19. Wetlands Facilities shall not be located in wetlands such as saltwater, fresh water, and brackish marshes, swamps and bogs inundated by surface or groundwater with a frequency to support, under normal 3-52 circumstances, a prevalence of vegetative or aquatic life which requires saturated soil conditions for growth and reproduction, as defined by local, regional, state or federal plans and guidelines. 20. Proximity to habitats of threatened and endangered species Habitats of threatened and endangered species are defined as areas known to be inhabited permanently or seasonally or known to be critical at any state in the life cycle of any species of wildlife or vegetation identified or being considered for identification as "endangered" or "threatened" by the U.S. Department of Interior or the State of California. Facilities shall not be located within critical habitat areas, as defmed in local, regional, state or federal plans. 21. Natural, recreational, cultural, and aesthetic resources Natural, recreational, cultural, and aesthetic resources are defmed as public and private lands having local, regional, state, or national significance, value, or importance. These lands include national, state, regional, county, and local parks and recreation areas, historic resources, wild and scenic rivers, scenic highways, ecological preserves, public and private (e.g., Natural Conservancy Trust for Public Lands) preservation areas, and other lands of local, regional, state, or national significance. All facilities shall avoid locating in, or near these areas. The risk assessment and environmental review shaH identify these resources proximate to the facility and its major transportation routes. Pursuant to demonstrated necessity, and at the discretion of the City Council, some facility operations or transportation routes may be allowcd within unused or compatible portions of certain public lands. 22. Prime agricult ural lands Prime agricultural lands, under California law, may not be used for urban purposes unless an overriding public need is served. When siting hazardous waste management facilities in these areas, overriding public service needs must be demonstrated to the satisfaction of the City Council. 23. Mineral deposits Facilities shall not be sited so as to preclude extraction of minerals necessary to sustain the economy of the State. 24. Public facilities and military reservations Public facilities and military reservations are defined as lands owned by fcderal, state, county, or local governments on which facilities used to supply public services and Department of Defense (DOD) bases 3-53 and installations are located. In particular, these lands would include highway maintenance and storage areas, airports, city or county corporation yards, waste disposal facilities, sewage treatment facilities, state school lands (lands deeded to the state when California was admitted to the Union), and military bases and installations. It is the policy of the Department of Defense that military land shall not be consinered for public hazardous waste management facilities. However, the military currently has hazardous waste treatment and storage facilities located on military bases in the San Diego region and has in the past leased military land to public agencies for waste managemcnt functions (Miramar Landfill). Therefore, military lands are potentially available for the siting ,of new facilities for the handling of military hazardous waste (new facilities for the handling of military hazardous waste (new facilities are proposed in the U.S. Navy's 5-year budget. Military land may be considered for lease or sale for public hazardous waste facilities, at the discretion of the military. SAFE TRANSPORTATION OF HAZARDOUS WASTE . The City shall require preparation of a traffic/transportation study as part of the environmental review and risk assessment for all facility proposals, which study shall account for all factors addressed in items #25 to #29, and consider both existing and projected land use and circulatory conditions pursuant to the General Plan. 25. Proximity to areas of waste gcneration Proximity to areas of waste generation is defined as the travel time from the major market areas of waste generation to the proposed facility. All facilities except residuals repositories by virtue of location, should minimize travel time for all market areas of waste generation, on a weighted basis, with no major market areas beyond a one-way travel time of one day (including loading and unloading). For the residuals repository, one-way transportation time, including loading and unloading, from any major market areas would not exceed one day, with the majority of the driving time spent on major routes (state and interstate divided highways). Total transportation costs for incineration facilities should represent a modest portion of the total cost of using such facilities including drop charges. Transfer facilities should be located within each major area of waste generation to encourage maximum use. Alternate transportation by rail may be evaluated in regard to specific 3-54 locations for feasibility and efficiency. In comparison with multiple small facilities, economies of scale for a single centralized facility may offset the additional transportation cost. 26. Distance from major route Distance from a major rout~ is defined as the distance along a minor route (city street, boulevard, or undivided highway) that a truck must travel to reach the facility after leaving the major route (state or interstate divided highway). Distance traveled on minor roads should be kept to a minimum. Facilities are best located near an exit of a major route. Only locations adjacent to major routes or accessed from major routes via routes used locally for truck traffic (e.g., truck routes) should be considered for transfer or treatment facilities. The facility developers may propose to build a direct access road to avoid the minor route(s). 27. Structures fronting minor routes Structures fronting minor routes are defined as the number and type of residences, schools, hospitals, and shopping centers having primary access from the transportation route between the entrance of a facility and the nearest major route. Facilities should be located such that any minor routes from the major route (state or interstate divided highway) to the facility are used primarily by trucks, and the number of non-industrial structures (homes, hospitals, schools, etc. is minimal. The facility developer shall evaluate the "population at risk" based on the Federal Highway Administration's Guidelines for Applying Criteria to Designate Routes for Transporting Hazardous Materials. The population at risk factor should not exceed that for existing facilities, and sites with lower factors should be preferred. Specific highway segments may be scheduled for CAL TRANS improvement. Transportation could be curtailed during peak use by automobiles, school traffic, etc. 28. Highway accident rate The highway accident rate is defined as the occurrence of minor to fatal accidents per vehicle miles traveled, as recorded by the California Department of Transportation. 3-55 The minimum time path from major market areas to a facility should follow highways with low to moderate average annual daily traffic and accident rates, as guided by the research and findings of state, regional, county, and city transportation planners. Specific highway segments may be scheduled for CALTRANS improvements which may decrease highway accident rates. Hazardous waste transportation could be curtailed during periods of greatest automobile traffic. The facility developer should work with the region, county, and city transportation planners in selecting alternate routes. 29. Capacity versus AADT of access roads Capacity versus average annual daily traffic (AADT) of access roads is defined as the number of vehicles that the road is designed to handle versus the number of vehicles it does handle on a daily basis, averaged over a period of one year. The changes in the ratio of route capacity to average annual daily traffic should be negligible after calculating the number of trucks on the major and minor routes expected to service the facility. Facility developer may propose to upgrade the road(s) to provide additional capacity. PROTECT SOCIAL AND ECONOMIC GOALS 30. Consistency with General Plan . Consistency with the General Plan is defined as consistency of the proposed facility with the goals, objectives and policies of the City as expressed by the General Plan, Specific Plans, implementing ordinances, and other applicable programs. . As provided by Section 25199.5 of the California Health and Safety Code, the consistency of any proposal with the General Plan, Specific Plans, zoning ordinances, and other applicable programs shall be based on their provisions as in place at the time the associated application for a land use decision is accepted as complete. . The proposed facility should be sited at one of the most consistent locations within the City as reflected in the General Plan, Spccific Plans, zoning ordinances, and other applicable planning programs. . The evaluation of consistency shall be based directly upon the provisions of the General Plan, Specific Plans and zoning ordinances in effect, and shall not take into consideration 3-56 any mitigation measures proposed by the proponent to further community goals which are not project specific and directly related to identified public health and safety, and environmental concerns. . Developer may petition for an amendment to the General Plan. 31. Direct revenue to the City Direct revenue to the City is defined as the present worth of the dollar amount of annual property tax revenue and any other direct payments (e.g., local usage and per capita taxes, hazardous waste taxes) that the facility will contribute to the City during the period of construction and the facility's operating life. The proposed facility's power for tax and revenue generation relative to both current site users and other reasonably prospective site users in terms of amount, stability, and cost to the City should not show a net loss. The City may considcr compensation programs which could offset projected losses either directly or indirectly. 32. Changes in em ployment Changes in em ploymcnt are defined as the total number of permanent full- and part-time jobs resulting from the construction and opcration of thc facility, including the number of each type of job expected to be followed by local residents. If this clearly is an issue causing disagrcement between the facility developer and the ~qmm@1\y, then the developer shall fund an independent study of the issue. The developer and the City shall agree beforehand on the scope of the study and who will conduct it. The sophistication of the study methods shall be appropriatc to the nature and size of the facility and the City's degree of concern with the particular issue. If the number of jobs accounts for a signifiCant portion of employment in the area, then the developer should provide appropriate programs to address the socio-economic and public services impacts on the community. Fair Share The Southern California Hazardous Waste Management Authority (SCHWMA) providcs oversight and coordination toward resolving local government siting issues in Southern California through its Regional Action Plan, which is in part founded upon the l1J (Fair Share "Principles") and (Fair 3-57 Share "Formula") discussed on pages 1X-35 to -37 of the COHWMP{J!ii(j.\iS maybeamen(ied from time .!o time. Those Principles and Formula are designed to reeogRize that thB miaifHl:iffi Si!lB t:er an eeeB8mieally -;ial31e hazardeHs waste faeilit)' willlil:ely eneeea the aeeas Bf aHY laeal jw-isdietiBR ia 'Naieh it is loeatea, aHa iB seffle iastaaees the taMat)' ",,,.iae Reeds fer eertam waste streams.reqiIiie each County 10 fully 1!.,ldre$$ it~ \va* tre;jini~ii~ ~i:r:~ei~~~~la~!~~e:~~~~~e~o;~~:O:~:t.~~~~~~~. :~~1~it!t~~ .,- Southern California counties, regional cooperation is necessary to address the siting of needed hazardous waste facilities both between and within counties. In order to assure that no one local juiiSdictionorsu~r6gioi1;111itealS excessively burdened with respoMibUily f"r county-wide or .mi!Iii:~c>i!tl& treadnent needs, the Principles and Formula encourage facilitysitin,!iwliete there is a substantial unmetneed for the. type of treatment which .thel'a1;11J& ""auld provide. The F(}rmula provides an allocation of needed large a1)d ~lDiill facilitie$ among Southern California counties based on their Wa5tegetljitiltion, \viththcintent thal sites besought as close lo the major getlerating$ciiirees as possible. Through the establisRmeRt ef iater g8\'erRmeftlal agree"'entG; ;.ppucation of these fair share concepts, assurances can be made that all cities and counties equitahly share in the rcsponsibility for proper treatment and disposal of their entire waste stream. The Fair Share Principles and Formula have been adoptcd as part of the COHWMP, and are to be considered by local jurisdictions in making facility siling decisions, .^.t fJfeSeflt, HeV,f;:\er, there aees RBt c::mist dear aireetieR a5 ta B8':: a lsMl j~rissieti~ft is Ie eeftsiser aRs apply !=air sRare priReipl.s te sp.eili. facility siliftg prepesals. TR. priReiples eeBtaiR.s ift tRe COIIWMP, as so.i'c.s frem SCII\I/M.^:s R.gieR"! .^.etieR FlaR, fBeHS eR '"hether .euftty wiae B.eas fer wasl. treatm.Rt aBs sispes"1 are beiBg met tlueugh .ither facility eapacity witfiiR the E01;lRty, BArd/sr effeeli',e iater gEr:ernFRBntal agreem0ats '.'\'ith ether eSl:i8ties, ]8 slieh eBnteHl, emf!lB) FHBRt Bf f,air share feRsiaeratieBs at the leeaJ. level iR .'..al~atiRg Re..... er e"panaee facililj' prepesals may be sigaifieafttly iffifJaetecl if CBliRty v,'iae Reeas, v,hieR the jlirisaietisH Bas H0 direst 8HtBSfi~ eyer, are R8t eeiRg f,Hlly aear6ssea. TRis situati0R sees Rat reeegaiz:e juriseietiens \', ithiR lAB CeHRl)' v:kieh are alreaey 80st t8 haiCaf"asoo ",\'aste faeilili.s, fter ae.s il prescribe RBW a C~~flly may aeeel'lably a."'8181' iBlefBaI fair SHare flalieies whieh aefiHe '.dU~R a leeRl jHrisaietis8 Bas met its reaseRa131e fair share ef regieftal respeftsibilities. .'\s the fair shar8 eeBeopls are 5eme'Naai Re",', fl:lrtlier ef,f-ert5 are fleee5Sar} La ae':elsfJ mere sfJeei.fi.e fair share pelieies l'..ilRiB SaR Diege CeUftly te .!arify e~uital3le faeilily sitiftg lIBa ether '::a5te maaagemeRt resfJoRsil:Jilities ameRg the RegieR's jHrisElietieBs. SueR pelieies migRt alse tal,e iRte 6eRsideratieft the tY1'e aRs amelHlt ef elher regieRal faeilities te v:hieh a jurisdietieft is Rest. The City reeegRi2e5 its respeBsibility fBr tR. manag.meRt ef h"""raeus .....ast., aRa the COH'N.MP's f'iiir snare fJriREifJles, aHa v:ill afJfJJy an iRterim fair saare 3-58 eOReefJt iR tl:i.e leeaI regHIat8c)' preeess [13r hacard8H5 "::8st6 faeil:itiea -:,'hieh aeeresses the City's ia":81";smsat ill aft Bffi81::1St I3repertieaate t8 l.";&5te geReratee Ti';ithiR the City, aae a reas8Ra13le fair share sf s",'eraU Beeds "!;itftis. 8aR Diego COI:lRty. The City's iRteat is to reeegRize ether eeeUBl:lBitiea' Beea.s te aeespt respoasilailit)' fer, BReI/8r site, aft 8Ej,Hita13le share efBeeaea faeilities, 6speeially if the geRsratiea Elf Vlaste is frem eeffimHRities "shieh tie Bet aetive!y HftaertahiRg efforts te aehie':e 8ft site treatment aaa 1.;&5t8 miaimizatioRT IR 6sRjusetisR '.vita tae afBrem6RtisRBB, The CityrecQgiUi~thc~Q~~ fair SharePriricipldsiuid Formula.andwiU.applyil\~jj\ itt~Ja4:~1:I~t~ (,v~lu>itive proc~when ~eViewing.ppiic.tiom fo~oew o~ exP.oded hawdous waste facilitiesrt tHe City T;;il1 eSf1&ider the felle\T;iRg ia the fair sRafe e':all:lati-le preee,,; his. the Fair Share Prindple()fib~>City<>fChil)jjYi!ita~hat, iIS,uming ali other criteria for the sitirig iuid~i<ling Q(~bauidD1iii*asie facility bave.be<:;n satiofiw, including coniplianee.witb the<;:QHW.Mi';~.P~ ~~:~:r~m~~I~~~1ti~~uJsa~c~h: <i~~1i~~O~~d ag;~p~~~~:~th7n~ juriodictiou if the applicant subinits evideuce convincmg t~ilwCitycii~~\steilt with onc of thefo1!qwing: . .... ... . ....... . . . (1) (2) (3) (4) . · . the. fJldlity' is necessary to treath~7J\rard<iiis \\iasteii\Jiji ;unount, and of it type and health psk; which . i(m approximately proportional relatiori$hip to thi;aiiioiIDi',typ~ and health risk of hazardous waste gerieraledWitbiii a reasonable servicc area "ftbe proposed facility, b~sed!m the location of the generating sources proposw tobi: served in comparison 10 substantially unmet neeuswilhinsiilib1egii County and its subregious('Service ArtaGei\eratii>lI~); at .:,-C,:-;,'-.' :.'c.:.:.'.:.'.:.,' '-',-:-',-,:',',,:,-;:,-, ,,-.,,- " ,-,.'-'..":';", ";":.,":<"':':<.'.",_.,',_:';_":''';':'..:_.":':':_::'.-;...;...;-;...;.;.,.:.;...;..".;.....:.....:....x.;...:_:.:_:~ . . the facuity is necessary to .be sited and sizedinth~ maiiliei prcpos<:;d in order to attain a minimum leVeLtifecon(lmij; viability {"Minimum Economically Viable Siie'},eYelit!ioug\! the facility pr9poses to treat waste in~ess~f thi;$eryi<;io m~t;~___9~-~.~.:r:~~iPfl~,'Y!~ . the facililyis neceosary 10 be sited and sizw irithemit!mer proposw because there are rio other 10catloni(:W\ihi*t!ie county-wide area Capable of ptrrniltini the iitmgoLthe facility, and/or thc use ofintergovemmeotalageem~riti<iii "ddreoo all or a portion of the amount of Wastes i>io!icisedto l;Je treal<:;d is ihfcasible {"Abs~n.ce (If Feasible 1\1~J;i~I1~t~a::>, liven though thefaciijty proposes t()trt~t was~i~ exceSi6f the Service Area Gencration and i$ targer ihari ih~ M:il!4t!1JJi! EconomicaUy Viable SiZe; or . . Regardlf.'Os "fthe fact that the facilitylirOjjOiies ~Qttei\t wastes in excess of the Service AreaGCntirJitioti~lsj;i~ger than the Minimum Economically Yiable SlZe,Mittlwre Is not an Abscnce of Feasible Alternates; the OiywilI siie the facility within its borders, unless the Cityfuiiiilii:.idji accepted a fair and rcasonable share of othetrwon~ 3-59 ~~r;;~~:~e~d :~rf:O~:~~j~~~i=~I~4ve~1\~~~~~ otherwise ei!sting WiI.hiJi ~Iw County; ..:.:.,.,.:.:.:.:.:.:-:-:,,-:-:-:.:.:-:.:-,-,,:-,-:,;.;':'i;':';',.,:':':-";':-;-;-:-'-;':-."-:-."-"_-'-'.;.:.,.;-,,_,:.:.:.:.;.:.;.:_:_:.;_:.,,;.; 1n Qrder te. facmtate the fair share iv~I'uaii()n; the (:itYi>~~mq\iire sub\Oission of the foJlowing inforlrul(ion: ~3) 4) 1) The proponent shall identify the location of waste sources, a~~ th." r"sp""tiv":-:ol~~,,~?fth,,p~rticul~r waste stream(s); pi&~B~H!~lI\r~~Im~H!m~\~QlI(f~Mcf}; from each of those sources it will j@iiiBi~@Q serve, including those specifically known at the time of application, as well as those estimated in the future. The City shall aIse feljUire lite flrofJ0Hi3Bt to SH6mit eata '::ita respeet t8 eeuBty ':;iss ":;aste Reeas, tmistiag faeility eafJaeities, aRe iRter-gsy:erRmsatal agreemeRts, 58 as 10 13f8viae a EBffifl1ete SSR1.parati'lB ease. 2) ~o: p~~~:~~~~J;a~i~~e'tu~:d ~O~::it~~:t:~~~~ a. current existing iuidprojected CQiuitY:~~S\e ~encratiQn, and /.Teatment needs1:iYOrM,\by ~ubrcgion. The subregiCJns ~hal! beUjQ$# ~~ identified in the respective .Co\Jnt1s~~i~'~1Iii Waste Management PI~n. b.an inv~n1 ory of existing treatment faclliti!i$ai1iith~ii' Capacities by G TM. Said iqventory shOuld. Uidk~te wh~thcr any of th~t capac1Jy iUlj!j)l1j~"~~ ",citing /.Teatment volumes. . c. all existing effective and pending interg()~jiiitiiJ agreements wlth othercounti~, >in4udingjh~ amount and type of wastes involved, by !iii(:1'I:M:;1i the affected lre~tment faciJities: . . .... . .. ..... .. The GiIy p\9I>9p4ii! shaH iii9!f#tRIW~~iifi"fu\m# e';aIaate aRe eSflsiaer the minimum f~giJtt~):~k#iJ?y, ~aste_ strearnj necessary to ensure the economic feaslsilii); ~!!!tY of the proposed facility. . . . . In such case as it facility is proposed p.>irsWUit t~ Ujfgity~ fourth fair share scenlu-io, the proponeni5Iia115iihliilt~in;ap indicating the current location and distributiorilViililij.SiiJi DiegQ County of those regionally serving lan\l$~gencrany cousidered adverse, including but not )imit.;M~ !lIbs~~~~ In addition, the City will may survey the efforts put forth by the communities from within which gefleratiHg the involved wastes arebcinggCri~ij(id; to t.ecognize treatment responsibilities and reduce their off-site treatment needs through W9P:m-Qpg on~site' 't~ea'tment and waste minimization. teeD.aiEftles. 3-60 Based on an analysis of HHs \h~Aq9Y#i#!i!#jj,9f9fi\i~t!9ij eata, eellSideriflg '.\'aste geReratee BY the City, etHer. SeHta bay Ceffiffil!fiities, thB remaiaaer ef SaR Diege CeliHty, aRd 8ther jarisdicti8R5 8lilside the RegieR, the City shall identify any concerns with respect to fair share concepts, and as appropriate shall require mitigation through conditions of use limiting the volumes or types of wastes ~g!# received, and/or by requiring compensation/incentive programs to be established. Processing and Permitting Application of the various policies and criteria to the review of hazardous waste facility proposals, and the necessary coordination for such proposals with involved Federal, State and Regional agencies, requires the establishment of specific implementation measures. A subsequent implementing ordinance(s) shall be prepared which will set forth all applicable procedural requirements including, but not limited to, j>>'e-application processes, submittal requirements for environmental reviews) risk assessments and conditional use permits, coordination and involvement of State and local agencies and the Local Assessment Committee, facility operational controls such as emergency contingency plans and monitoring programs, and local enforcement provisions. 5.6 SCHOOL DEVELOPMENT POLICIES In 1987, with the passage of Assembly Bill 2926, the State of California declared the issue of new school construction to be of statewide concern. That legislation authorized school districts to collect fees as a prerequisite for residential and commercial/industrial development. Fee collection of up to $1.50 per square foot of habitable area for residential development and $0.25 per square foot of new commcrcial/industrial development was approved. The levy may be increased annually to accommodate inflation if authorized by thc State of California State Allocation Board. Fees collcctcd pursuant to AB 2926 may only be used to provide temporary facilities and/or service the matching funds requirement should the district participate in the Leroy Grecn Lease-Purchase School Facilities Program. Additional revenue generating mechanisms, including financing for permanent facilities are: 1. General Obligation Bonds 2. Mello-Roos Community Facilities Districts 3. Certificates of Participation 4. District's share of Redevelopment Funds 5. Sale of Surplus Land 6. Developer fee programs. All new school related development must be approved by the State of California Office of State Architect prior to construction. To facilitate approval at the state level, the school districts use the following criteria: 1. The new senior high schools shall be constructed to accommodate approximately 2,400 students and shall be 3-61 designed to allow for a four-year curriculum. 2. New junior high/mictdle schools shall be constructed to accommodate approximately 1,400 students. 3. New elementary schools shall be constructed to accommodate approximately 650 students. 4. A senior high school shall consist of at least 50 usable acres; a junior high/middle school site; 20 usable acres. The acreages may be reduced to encourage the joint use of community parks where appropriate. 5. An elementary school site shall consist of at least 10 usable acres. The district encourages joint use with parks where appropriate. 6. School sites shall be located in proximity to major arterials, and primary ingress and egress to the site shall be controlled by a signalized intersection. 7. The proposed land uses adjacent to a school site shall be planned in such a manner as to minimize noise impacts and maximize harmonious development between the two uses. 8. To further community development and enhance the quality of life, schools should be centrally located in residential neighborhoods in order to best serve the majority of the student population. 9. School development is subject to the California Environmental Quality Act (CEQA). Therefore, prior to accepting the dedication of a school site, the district will require an examination of the existing environmental conditions (seismology and geology, etc.) to determine its adequacy. 5.7 LmRARY DEVELOPMENT POLICIES In order to serve the public in the most effective and efficient manner the selection of new library sites should be based on the following criteria: 1. Proximity to Community Activity Centers or neighborhood retail centers. 2. High visibility from the streets providing access. 3. Primary ingress and egress to the site controlled by a signalized intersection or other adequate vehicular control. 4. Compatibility with the surrounding neighborhood character. 3-62 5. Minimum displacement of existing residents and businesses. 6. Minimum costs. In addition, site should be of sufficient size, shape and topography to provide for the development of a library facility that will meet the following criteria: 1. One level structure of the required size to meet the service standards. 2. Public and staff parking in accordance with City standards. 3. Adequate allowances for landscaping and building setbacks requirements. The planning and design for the library buildings should be in accordance with the following guidelines. 1. Library space of.5 to .7 gross square feet per resident. 2. Three books per capita, plus spoken word audio cassettes, video cassettes and compact disks. 6. REFERENCES The following reports and studies were used in the preparation of the Public Facilities Element: 1. P&D Technologies. Chula Vista General Plan, Land Use Element. 2. Otay Water District. Central Area Water Master Plan Update. March 1987. 3. Sweetwater Authority. Water Master Plan Update, November 1985. 4. Engineering-Science, Inc. Watcr Feasibility Study. May 1987. 5. Engineering-Sciencc, Inc. Wastewater Feasibility Study. May 1987. 6. San Diego County Water Authority. Water MarKet Assessment. September 1988. 7. Lawrence, Fogg, Florer and Smith. Drainage Master Plan Report. 1964. 8. Leedshill-Herkenhoff, Inc. Drainage and Flood Control Summary Report. August 1987. 9. County of San Diego, Division of Solid Waste. Regional Solid Waste Management Plan. 1986. 3-63 10. Engineering-Science, Inc. Solid and Hazardous Waste Control Feasibility Study. May 1987. 11. County of San Diego, Division of Hazardous Waste. Hazardous Waste Management Plan. May 1989. 3-64 EXHIBIT D negative declaration PROJECT NAME: Hazardous Waste Management Plan Implementing Ordinance and Amendments to the Public Facilities Element of the Chula vista General Plan PROJECT LOCATION: city-wide PROJECT APPLICANT: City ofChula vista CASE NUMBER: IS 93-14 A, proiect settinq The proposed Hazardous Waste ManQgement Plan Implementing Ordinance and amendments to the Public Facilities Element of the Chula vista General Plan would be applied city-wide, therefore there is no specific site within the city which corresponds to the proposed project. B. proiect Description The proposed project consists of the Hazardous Waste Management Plan Implementing Ordinance and associated revisions to the recently amended Public Facilities Element of the Chula vista General Plan. These proposed amendments to the city's Zoning ordinance, and the Chula vista General Plan, incorporate provisions for the management of hazardous waste facilities as required by state Law, and are intended to comprise the City's regulatory provisions regarding hazardous waste management and hazardous waste facilities, C. Compatibilitv with Zoninq and Plans The proposed project consists of amendments to the Public Facilities Element of the General Plan to clarify previously adopted hazardous waste policies, and Zoning Ordinance amendments to establish a Conditional Use Permit process to implement the General Plan I s provisions pertaining to the siting and permitting of proposed hazardous waste facilities. Implementation of the proposed project, city-wide, will ensure that proposed hazardous waste facilities are safely sited, and compatible with underlying land use designations and zoning, as well as surrounding land uses. ~{~ -.- ~.-..,;~~ ....... - - city of chula vista planning department CTTY OF environmental review secllon. CHULA VISTA D. Compliance with Threshold/standards policies 1. Fire/EMS The Threshold/standards Policy requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The proposed project is exempt from this Threshold POlicy, as the project is comprised of policy and regulatory provisoins, and not a specific development proposal for which a measure of Fire/EMS response would otherwise appiy. 2. Police The Threshold/standards Policy requires that police units must respond to 84% of the Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62,1 % of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less, The proposed project is exempt from this Threshold POlicy, as the project is comprised of policy and regulatory provisions, and not a specific development proposal for which ameasure of Police response would otherwise apply. 3. Traffic The Threshold/Standards Policy requires that all intersections must operate at a Level of Service (LOS) "c" or better, with the exception that Level of service (LOS) "D" may occur during the peak two hours of the day at signalized intersections, Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this policy. The proposed project is exempt from this Threshold-Policy, as the project is comprised of policy and regulatory provisions, and not a specific development proposal for which a measurement of direct traffic impacts would apply. 4. Parks/Recreation The Threshold/Standards Policy for Parks and Recreation is 3 acres/1,000 population. The proposed project is city 01 chura vlata planning department environmental review .ectlon ~(~ -~- r___~ -::. --.....;;- CITY OF . CHUlA VISTA -3- exempt from this Threshold Policy, as the proj ect is comprised of policy and regulatory provisions, and not a specific development proposal for which a measurement of parks and recreational impacts would apply. 5. Drainage The Threshold/Standards Policy requires that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provided necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. The proposed project is exempt from this Threshold Policy, as the project is comprised of policy and regulatory provisions, and not a specific development proposal for which a measurement of drainage impacts would apply. 6. Sewer The Threshold/Standards Policy requires that sewage flows and volumes not exceed city Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project is exempt from this Threshold Policy, as the project is comprised of policy and regulatory provisions, and not a specific development proposal for which a measurement of sewer impacts would apply. 7. Water The Threshold/standards Policy requires that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and construction, The proposed project is exempt from this Threshold pOlicy, as the project is comprised of policy and regulatory provisions, and not a specific development proposal for which a measurement of water impacts would apply. E. Identification of Environmental Effects An initial study (IS 93-14) conducted by the city of Chula vista determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report (EIR) will not be required, A Negative Declaration has been prepared in accordance with section 15070 of the state CEQA Guidelines. City 01 chula vista planning depertment environmental review section. ~(~ -~- p---~ -:::. -....0:- ON Of CHUlA VISTA -4- The following impacts have been determined to be less than significant: Land Use Adoption of the Implementing Ordinance and amendments to the Public Facilities Element of the city General Plan would not create direct land use impacts, Together, the Implementing Ordinance and General Plan amendments provide policy clarification and direction regarding the planning, siting, and permitting review of proposed hazardous waste facilities and, therefore, do not relate to a specific geographic site or project. Indirect land use impacts associated with implementation of the proposed project are the potential for future land use compatibility impacts associated with the siting and operation of hazardous waste facilities within the city. Indirect land use compatibility impacts could occur between future, proposed hazardous waste facilities and other types of land uses, particularly sensi ti ve receptors. sensi ti ve receptors include residential land uses, as well as uses associated with immobile populations, such as congregate care facilities, schools, hospitals and jails which could not easily be mobilized for evacuation in the event of upset conditions. The amendments to the Public Facilities Element of the General Plan clarify previously adopted hazardous waste policies pertaining to the siting and permitting of hazardous waste facilities. These policies will ensure that proposed facilities are safely sited and compatible with underlying land use designations and zoning, as well as surrounding land uses. The Implementing Ordinance establishes a process which would ensure that potential land use impacts associated with proposed facilities are considered and that the "General Areas" policies, siting criteria and "fair share" principles of the General Plan and the County Hazardous Waste Management Plan are complied with. Therefore, through compliance with the criteria set forth in the Public Facilities Element of the Chula vista General Plan, and adherence to the conditional use permit procedures outlined in the Implementing Ordinance, the City will ensure that potential land use impacts associated with future applications for hazardous waste facilities are adequately addressed and analyzed. Therefore, land use impacts are deemed to be less than significant. city of chula vl.ta planning department environmental review .ectlon ~(~ -.- r_ ___ ---- -- erN Of CHUIA VISTA -5- Risk of Upset Potential risk of upset impacts could occur if hazardous waste facilities are not appropriately sited relative to sensitive receptors and immobile populations, and with respect to the protection of environmental resources. Implementation af the proposed project would reduce potential risk of upset impacts caused by inadequate planning and siting of such facilities by setting forth appropriate criteria for storage, transportation, disposal, and siting associated with hazardous waste facilities and businesses generating such wastes. Releases of hazardous materials or waste via air, land, or water exposure pathways could occur during upset conditions, such as an earthquake or other natural disaster. The potential prevention of risk of upset impacts associated with geotechnical conditions require compliance with federal, state, and local agencies. Locally, site feasibility and suitability issues are regulated through compliance with the Uniform Building Code (UBC), Chula vista Grading Ordinance, and Chula vista Subdivision Ordinance which requires that a geotechnical report be prepared prior to any grading or development. site feasibility and suitability will be further addressed by the siting criteria contained in the amended General Plan Public Facilities Element. At the state level, releases to groundwater resources are regulated by the Regional Water Quality Control Board (RWQCB). Suspected releases to groundwater would require site specific analysis to determine appropriate mitigation and remediation. In addition, site specific environmental review for any proposed hazardous waste facility would be required pursuant to the California Environmental Quality Act (CEQA) to address potential risk of upset impacts on a case by case basis. Risk of upset impacts could also occur through releases and spills during the transport of hazardous waste or hazardous materials to and from hazardous waste facilities, and the businesses using such materials and generating such wastes. Risk of upset. impacts associated with traffic safety can be mitigated by compliance with Federal, State, ,and local agency routing requirements and other appropriate conditions of use. Appropriate traffic safety standards are discussed further under "Transportation/Circulation." These requirements shall be ensured through the adoption of the Implementing Ordinance and amendments to the General Plan. The County of San Diego Hazardous Materials Management Division (HMMD) mandates that emergency response plans be city at chuta vlala planning depertment environmental revlaw .actlon ~ (f.? -~- ~----- -- - -....;:- CllY Of (HULA VISTA -6- implemented for hazardous waste facilities. Presently, emergency releases of hazardous materials into the environment are handled jointly by the Chula vista Fire Department and the County Hazardous Materials Management Division (HMMD) through a mutual aid agreement, The proposed project will require intimate involvement of HMMD in the local management of hazardous materials and wastes, and in the siting and permitting of proposed hazardous waste facilities. Implementation of the proposed project would reduce potential risk of upset impacts by setting forth appropriate criteria for the comprehensive management of hazardous materials and wastes, the siting and permitting of hazardous waste facilities, and the licensing review of businesses using such materials and generating such wastes. with compliance to the criteria established through the amendments to the Public Facilities Element of the General Plan, and through processes set forth in the Implementing Ordinance, as well as to federal, state, and local regulatory criteria already in place, risk of upset impacts are deemed to be below a level of significance. Transportation/Circulation The transportation of hazardous waste is regulated by Federal agencies, s~ch as the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT). State and local laws require that producers, transporters, and receivers of hazardous waste materials follow specific monitoring and tracking procedures and enlist specific emergency response systems in case of a hazardous material or waste release during tr.ansport. The State Department of Health Services (DHS) is in charge of tracking hazardous waste through the State in accordance with the Federal manifest system, DHS requires that transporters have valid vehicle registration with their agency, and the California Highway Patrol (CHP) annually inspects each vehicle for compliance with the California Vehicle Code. The CHP also determines whether the construction, design, equipment, and safety features of the vehicles are in compliance with the standards established by the DHS for the safe transportation of hazardous wastes. Federal routing regulations state that a vehicle containing hazardous materials must be operated over routes which do not traverse heavily populated areas, places where crowds of people assemble, tunnels, narrow streets, or alleys. State routing regulations specify that transportation be limited to City 01 chula vl.ta planning department environmental review .ectlon ~\(f? -,- ~---~ ~-.--;:- CITY Of . CHULA VlsrA -7- state or interstate highways offering the least overall transit time and that vehicles transporting hazardous materials may use highways providing necessary access to local pickup or delivery points, consistent with safe vehicle operation. The CHP has the authority to determine routing requirements, safe stopping places and inspection stops for the transportation of hazardous wastes. The Federal, state, and local regulations already in place provide the regulatory framework for addressing potential traffic safety impacts. Project-specific analysis should be conducted for a proposed hazardous waste facility site, however, to determine if the surrounding circulation network can safely and adequately handle the potential traffic safety impacts associated with the transport of hazardous waste. As set forth in the proposed Implementing Ordinance and amendments to the General Plan, a traffic study will be required for any future, proposed hazardous waste facilities in order to comprehensively address compliance with the criteria established in the General Plan for the safe transportation of wastes. By requiring compliance to the criteria and process set forth by amendments to the Public Facilities Element of the General Plan, and by the Implementing Ordinance, as well as'the existing federal, state and local regulations already in place, future transportation/circulation impacts associated with future applications for hazardous waste facilities will be adequately addressed and analyzed. Transportation/circulation impacts are therefore, at this time, deemed to be below a level of significance. Public Services/Facilities Because the proposed project is not site specific, it is difficult to ascertain direct impacts to public services and facilities, at this time. However, the Implementing Ordinance and amendments to the Public Facilities Element of the General Plan set forth criteria to ensure that potential, future impacts to public services and facilities associated with future applications for hazardous waste facilities are addressed and analyzed. Emergency situations associated with the release of hazardous waste or materials into the environment require specially trained personnel capable of containing the release and preventing human exposure, as well as releases into the environment. The County Hazardous Materials Management Division (HMMD) currently provides hazardous materials emergency response capabilities to the city, in association city 01 chula vlata planning d.partm.nt .nvl,onm.ntal r.vi.... ..ctlon ~{f? -,- r....__~ ~----.. CITY Of . CHUlA VISTA -8- with a mutual aid agreement with the Chula vista Fire Department. As such, impacts to public services and facilities within the City and to special districts would be positive in that the establishment of planning and siting criteria would ensure that hazardous waste facilities are located in areas where adequate public services and facilities are available and are capable of being provided in the future. Therefore, potential public services and facilities impacts are deemed to be below a level of significance. Human Health The criteria set forth in the amendments to the General Plan Public Facilities Element and the Implementing Ordinance are directed at ensuring the accountability of hazardous waste facili ties wi thin the City, and the encouragement of safe treatment and disposal practices. In addition, the proposed project will ensure the adequate training of facility employees and safe work practices. Therefore, potential human health impacts are deemed to be below a level of significance. F. Mitiqation necessary to avoid siqnificant effects The proposed project is not associated with any significant environmental impacts, therefore no further mitigation is necessary, with compliance to the criteria set forth in the proposed Implementing Ordinance and amendments to the Public Facilities Element of the General Plan, potential environmental impacts will be below a level of significance. G. Mandatorv Findinqs of Siqnificance Based on the following findings, it is determined that the project described above will not have a significant environmental' impact and no environmental impact report needs to be prepared. 1. The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of california history or prehistory. city 01 ~(f? -t- F___~ chula vlata planning depertment ~nY Of - environmental review .ectlon. CHUlA VISfA -9- Implementation of the proposed project will ensure that potential impacts to fish or wildlife species through an accidental release of hazardous waste or materials will be reduced through compliance with the Implementing Ordinance and General Plan amendments, as well as the federal, state, and local regulations. Therefore, the proposed project will not degrade the quality of the environment, adversely affect fish or wildlife species, or eliminate cultural or paleontological resources. 2. The proj ect has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. The proposed project will strengthen long-term environmental goals associated with effective hazardous waste management planning, and the appropriate siting, permitting and operation of hazardous waste facilities, through the establishment of local policies and criteria. Therefore, both short-term and long-term environmental goals will be maintained. 3. The project has possible effects which are individually limited but cumulatively considerable. As used in the subsection, "cumulatively co-nsiderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. The proposed project is not anticipated to have cumulative impacts. Adoption of the Implementing Ordinance and associated amendments to the Public Facilities Element of the General Plan will provide appropriate siting criteria to ensure that cumulative hazardous waste management impacts are reduced to a level below significance. 4. The environmental effects of substantial, adverse effects directly' or indirectly. a project will on human beings, cause either The protection of human health will be upheld through the adoption of the Implementing Ordinance and associated documents. Human hea 1 th wi 11- be protected through compliance with the criteria set forth by the proposed project. City 01 chula vl.ta planning department environmental review .ectlon_ ~(~ =--r- ----;:' ~---..- CITY Of CHULA VISTA -10- H. Consultation 1. Individuals and Orqanizations City of Chula vista: Roger Daoust, Engineering Hal Rosenberg, Engineering Garry williams, Planning Ken Larsen, Building & Housing Carol Gove, Fire Department Cptn. Keith Hawkins, Police Marti Schmidt, Parks & Rec. Maryann Miller, Planning Ed Batchelder, Planning Chula vista Elem. School District: Kate Shurson Sweetwater Union High School District: Tom Silva 2. References California Environmental Quality Act of 1970, as amended (Public Resources Code 21000 et,seq) and the State ErR Guidelines (14 Cal. Code of Regulations et.seq). Chula Vista, city of, 1987. -Municipal Code. Chula Vista, City of, 1989a. General Plan Update. Chula Vista, city of, 1989b. General Plan Update EIR. County of San Diego, 1989. Final Environmental Impact Report for the Hazardous Waste Manaqement Plan. County of San Diego, 1989. Hazardous Waste Manaqement Plan. 3. Initial Studv: This environmental determination is based on the attached Initial study, any comments on the Initial Study and Mitigated Negative Declaration, and reflects the independent judgment of the City of Chula vista. Further information regarding the environmental review of the project is available from the- Chula vista Planning Department, 276 Fourth Avenue, Chula Vista, California 91910. ~{UUZ ~.~~ ENVIRONMENTAL REVIEW COORDINATOR city 0' chura vlala planning department environmental review 18ctlon. ~\(f? ~f- ~~-~ ----.;;- CllY Of CHULA VISTA EXHIBIT C FKII/I3IT C. ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTIONS 19.04.107 AND 19.58.178 TO, AND AMENDING SECTIONS 19.14.070, 19.42.040,19.44.040, AND 19.46.040 OF, THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH DEFINITIONS, REQUIREMENTS AND PROCEDURES FOR THE REVIEW AND APPROVAL OF CONDmONAL USE PERMITS FOR HAZARDOUS WASTE FACILITIES. WHEREAS, on June 30, 1992, the City Council adopted amendments to the Public Facilities Element of the City General Plan incorporating provisions related to the management of hazardous wastes, and the siting and permitting of hazardous waste facilities as required by State law (Resolution No. 16794); and WHEREAS, in order to fully implement the provisions of the amended Public Facilities Element it is necessary to amend the City's Zoning Ordinance, and staff was directed by the City Council to complete said ordinance amendments; and WHEREAS, the amendments define hazardous waste facilities as conditional uses in the City's industrial wne classifications, provided that the facility is also located within one of the "general areas" designated in the General Plan Public Facilities Element as an area appropriate for the consideration of such facilities; and WHEREAS, the amendments establish a specific review procedure for hazardous waste facility conditional use permit applications consistent with State law; and WHEREAS, in addition to the normal findings required for a conditional use permit, the amendments would require the Planning Commission and City Council to find that the proposed facility complies with the "General Areas" policies, siting criteria, and "fair share" principles of Section 5.5 of the General Plan Public Facilities Element, and with the County of San Diego Hazardous Waste Management Plan; and WHEREAS, the amendments provide for a public hearing before both the Planning Commission and City Council, with the Planning Commission action forming a recommendation rather than a decision subject to appeal; and WHEREAS, the Environmental Review Coordinator has determined that the amendments will result in no significant impacts upon the environment, and has issued a Negative Declaration under IS-93-14. THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: Ordinance No. Page 2 SECTION I: That Section 19.04.107 is hereby added to the CYMC read as follows: Chapter 19.04 DEFINITIONS 19.04.107 H~7~rdous Waste Facility A "H~7~rdous Waste Facility" means. as IIPplicable. a h~7~rdous waste facility proiect. specified h~7~rdous waste facility. specified h~7~rdous waste facility pTQject. or land disoosal facility as defined in Section 25199.1 of the California Health and Safety Code. and shall include any structures. other !\p'purtenances. and improvements on the land. and all contil!UOus land. used for the treatment. transfer. stOTal!e. resource recovery. disoosal. or recyclin~ ofh~7~rdous waste. SECTION II: That Section 19.14.070 of the CVMC is hereby amended to read as follows: Chapter 19.14 ADMINISTRATIVE PROCEDURES, CONDffiONAL USES AND VARIANCES 19.14.070 Conditional use permit-Application-Fee-Public hearing. A. Applications for conditional use permits or modifications thereto shall be made to the Planning Commission in writing on a form prescribed by the Planning Commission and shall be accompanied by plans and data sufficient to show the detail of the proposed use or building. The application shall be accompanied by a fee as presently designated, or as may in the future be amended, in the master fee schedule. The director of planning shall cause the matter to be set for hearing in the same manner as required for setting zoning matters for hearing. The director of planning or the Planning Commission shall have the discretion to include in the notice of the hearing on such application notice that the planning commission will consider classifications of other than that for which application is made an/or additional properties and/or uses. In those cases where the application conforms to the requirements of Section 19.14.030A, the application shall be directed to the zoning administrator. It. In the case of h~7~rdous waste facilities as defined in Section 19.04.107. ~plications for conditional use permits or modifications thereto shall be made pursuant to Section 19.58.178. and shall be considered by the Planninl! Commission with a recommendation to be forwarded to the City Council for final review and action. The reQuirements of Section 19.14.090 shall IU>ply to both the Plannin~ Commission recommendation and the Ci\y Council resolution with the followinl1 modifications: Ordinance No. Page 3 1.. The written findin2s. in addition to the 1'eQuirements of Section 19.14.080. shall address those matters as set forth in Section 19.58.178K. 2. The decision of the Plannin2 Commission shall constitute a recommendation only. and shall not become final or subject to Iij)J)eal as provided in Sections 19.14.100 to 19.14.130. 3... The City Council's decision shall be considered final. and the City Clerk shall transmit a co'py of the resolution as provided by Section 19.14.130. . SECTION ill: That Section 19.42.040 of the CYMC is hereby amended to read as follows: Chapter 19.42 I-R - RESEARCH INDUSTRIAL ZONE 19.42.040 Conditional uses Conditional uses permitted in an I-R zone include: A. Retail commercial uses necessary to serve the I-R zone; B. Manufacture of pharmaceuticals, drugs and the like; C. Building height in excess of three and one-half stories or forty-five feet; D. Unclassified uses, as set forth in Chapter 19.54. E. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040. F. Recycling collection centers, subject to the provisions of Section 13.58.340. Q.. H~7"Tdous waste facilities. subiect to the provisions of Section 19.58.178 Ordinance No. Page 4 SECTION IV: That Section 19.44.040 of the CYMC is hereby amended to read as follows: Chapter 19.44 I-L - LIMITED INDUSTRIAL ZONE 19.44.040 Conditional uses Conditional uses permitted in an I-L zone include: A. Machine shop and sheet metal shop; B. Service stations, subject to the conditions in Section 19.58.280; C. Steel fabrication; D. Restaurants, delicatessens and similar uses; E. Drive-in theaters, subject to the conditions of Section 19.58.120; F. Major auto repair, engine rebuilding and paint shops; G. Commercial parking lots and garages; H. Plastic and other synthetics manufacturing; I. Building heights exceeding three and one-half stories or forty-five feet; J. Unclassified uses as set forth in Chapter 19.54; K. Trucking yards, terminals and distributing operations; L. The retail sale of such bulky items as furniture, carpets and other similar items; M. Retail distribution centers and manufacturers' outlets which require extensive floor areas for the storage and display of merchandise, and the high-volume, warehouse-type sale of goods and, retail uses which are related to and supportive of existing, on-site retail distribution centers of manufacturers' outlets. Conditional use permit applications for the establishment of retail commercial uses, covered by the provisions of this subsection, shall be considered by the city council subsequent to its receipt of recommendations thereon from the planning commission. N. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040. Ordinance No. Page 5 O. Recycling collection centers, subject to the provisions of Section 19.58.340. f... H.7~rdous waste facilities. subiect to the provisions of Section 19.58.178. SECTION V: That Section 19.46.040 of the CYMC is hereby amended to read as follows: Chapter 19.46 I - GENERAL INDUSTRIAL ZONE 19.46.040 Conditional uses Conditional uses in an I district include: A. Motels; B. Restaurants; C. Service stations, subject to the provisions of Sections 19.58.280; D. The retail sale of such bulky items as furniture, carpets and other similar items; E. Retail distribution centers and manufacturers' outlets which require extensive floor areas for the storage and display of merchandise, and the high-volume, warehouse-type sale of goods and, retail uses which are related to, and supportive of existing, on-site retail distribution centers or manufacturers' outlets. Conditional use permit applications for the establishment of retail commercial uses, covered by the provisions of this subsection, shall be considered by the city council subsequent to its receipt of recommendations thereon from the planning commission; F. The following uses covered by this subsection, shall be considered by the city council subsequent to its receipt of recommendations thereon from the planning commission: 1. Brewing or distilling of liquor, or perfume manufacture, 2. Meat packing, 3. Large scale bleaching, cleaning and dyeing establishments, 4. Railroad yards and freight stations, Ordinance No. Page 6 5. Forges and foundries, 6. Automobile salvage and wrecking operations, and industrial metal and waste rag, glass or paper salvage operations; provided, that all operations are conducted within a solid screen not less than eight feet high, and that materials stored are not piled higher than said screen; G. Any other use which is determined by the commission to be of the same general character as the above uses; H. Unclassified uses, as provided in Chapter 19.54. 1. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040. J. Recycling collection centers, subject to the provisions of Section 19.58.340. K.. H~7~rdous waste facilities. subiect to the provisions of Section 19.58.178 SECTION VI: That Section 19.58.178 is hereby added to the CVMC to read as follows: Chapter 19.58 USES 19.58.178 H~7",rdous waste facilities A h~7""dous waste facility as defined in Section 19.04.107 of this title may be considered for permittine: only within an industrial zone which is also located within a "General Area" identified in Section 5.5 of the Public Facilities Element of the General Plan as an area approjlriate for the acc<:Ptance and consideration of an application for such a facility. A h~7",rdous waste facility may be allowed within a location as indicated above uoon the issuance of a conditional use permit. subiect to the followin~ standards and ~uidelines: A.. PURPOSE AND INTENT It is the intent of this section to establish and clarify local requirements and procedures for the review and aoproval of conditional use permit apolications for a h~7",Tdous waste facility. consistent with the provisions of Section 25199 et sea. of the California Health and Safety Code (Tanner Act). and with the obiectives. policies. and criteria of the Public Facilities Element of the City General Plan ree:ardin~ h~7",Tdous waste manae:ement plannin~. and the sitin~ and permittin~ of h~7",Tdous waste facilities. Ordinance No. Page 7 Ih APPLICABILITY Any conditional use permit ~ranted for a h~7>1rdous waste facility Dursuant to Sections 19.14.070 throul!h .130 shall comply with the ~plicable provisions of this section which are supplementary to. and in the event of conflict shall supersede the reiulations set forth in Sections 19.14.070 throueh .130. Subsections D. E. F. G. H. I. J. and K of this section shall &pply to all h~7Mdous waste facilities as defined in Section 19.04.107. and. as herein defined. c.. DEFINITIONS 1... "H~7>1rdous waste" shall mean a waste. or combination of wastes. which because of its Quantity. concentration. or physical. chemical. or infectious characteristics may either: a.. Cause or sivnificantly contribute to an increase in mortality or an increase in serious irreversible. or incapacitatine reversible. illness. Ih Pose a substantial present or potential hazard to human health or the environment when impro.,perly treated. stored. tran~rted. disoosed of. or otherwise manaved. In addition. h~7>1rdous waste shall include the folIowin~: ib. Any waste identified as a h~7>1rdous waste by the State De.partment of Toxic Substances Control. Ih Any waste identified as a h"7Mdous waste under the Resource Conservation Recovery Act. as amended. 42 D.S.C. 6S 6901 et 5eQ. and any reiulations promuleated thereunder. k... Extremely or acutely b"7>1rdous waste. which includes any b"7>1Tdous waste or mixture of h"7>1rdous wastes which. if human exposure should occur. may likely result in death. disablin~ personal injut:)' or serious ilIness caused by the hazardous waste or mixture of b~7;!TtiOUS wastes because of its auantity. concentration. or chemical characteristics. 2.. .H~7>1rdous waste facility" means any facility used for the storal!e. transfer. treatment. recyclin~. and/or di~saI of b"7"rdous wastes or associated residuals as defined in Section 19.04.107. Ordinance No. PageS l.. "I.and use decision" shall mean a discretionary decision of the City concernin~ a h~7"rdous waste facility proiect. includin~ the issuance of a land use permit or a conditional use permit. the irantin~ of a variance. the subdivision of proJ!erty. or the modification of existin!! DroJ!eTty lines pursuant to Title 7 (commencin~ with Section 65(00) of the California Governme'l: Code. D.... NOTICE OF INTENT TO APPLY: APPLICATION FOR A LAND USE DECISION: COMPLETENESS OF APPLICATION 1... Pursuant to the provisions of State Health and Safety Code Section 25199.7(a) and (b). at least ninety (90) days before filin~ an aDDlication for a conditional use permit for a h~7"Tdous waste facility. the IIPplicant shall file with the Plannin~ De.,partment and with the Office of Permit Assistance in the State Office of Plannin~ and Research. a Notice of Intent ("N.O.I.") to make the IIPplication. The N.O.!. shall be on such form as ap.,proved by the Director of Plannin~. and shall specify the proiect location to which it 1IP.,plies. and contain a complete descriDtion of the nature. function. and scone of the proiect. 2... The Planning De.,partment shall Drovide public notice of the IIPPlicant's intent to 1IP"ply for a conditional use permit. pursuant to the noticin~ procedure in Section 19.12.070. and by postin~ notices in the location where the proposed proiect is located. l.. Costs incurred by the City in processin!! said public notice shall be paid by the proiect proponent throu~h establishment of a deposit account for such PUl:POseS with the Plannin~ De,partment at the time the N.O.I. is filed. ~ The N.O.!. shall remain in effect for one year from the date it is filed. unless it is withdrawn by the proponent. However. a N.O.I. is not transferable to a location other than that ~ified in the N.O.!.. and in such instance the pro,ponent pro,poses to chanie the Droiect location. a new N.O.I. shall be pre.pared. and the procedure shall be~in a~ain for the new location. 5... Within 30 days of the filin~ of the N.O.I.. the applicant shall schedule a Dre-aDDlication conference with the Plannin~ DeDartment to be held not later than 45 days thereafter. at which the 1IP"plicant and the Plannin~ De.partment shall discuss information and materials necessary to evaluate the application. Within 30 days after this meetin!!. the Director of Plannin~ shall inform the applicant. in writin~. of all submittals necessary in order to deem the conditional use permit aDDlication complete. Ordinance No. Page 9 .6... The IIP'plicant may not file an aDolication for a conditional use permit unless the IIP'plicant has first complied with the above items. and presented the TeQ.llired IIP'plication fee. Furthermore. said IIP'plication shall not be considered and acted upon until it is deemed complete as provided by Section 19.14.070. and until all materials necessary to evaluate the IIP'plication as set forth ~y the Director of Planninl! pursuant to Item 5 above have been received and a~ted as to content. 1... An IIP'plication is not deemed to be complete until the P1annin~ Dc:,partment notifies the IIP'plicant. in writin~. that the ap.plication is complete. Said notification of completeness. or incompleteness. shall be provided within 30 days of the IIP'plication submittal. or resubmittal as IIP'plicable. After an aoplication is determined to be complete. the Plannin~ Department may reqllest additional information where necessary to clarify. modify. or suoolement previously submitted materials. or where resultinl! from conditions which were not known. and could not reasonably have been known at the time the IIP'plication was received. R. The Plannin~ Department shall notify the Office of Permit Assistance in the State Office of Planninl! and Research within ten (1m days after an aoolication for a conditional use permit is acceoted as complete by the Plannin~ Deoartment. &.. PRE-APPLICA nON PUBLIC MEETING L. Within ninety (90) days after a Notice of Intent is filed with the Plannini Deoartment and Office of Permit Assistance in the State Office of Plannin~ and Research oursuant to subsection D.l. the Office of Permit Assistance will. in coo.,peration with the Planninl! Department. convene a public meetinl! ("Pre- Applicaton Meetin~") in the City of Chula Vista for the express pUIJ>Ose of informin~ the public on the nature. function. and sco.,pe of the pro.posed proiect and the procedures that are required for aoorovini IIPplications for the proiect. 2.... The City shall arranie a meetin~ location in a Dublic facility near the prooosed proiect site. and shall ~ive notice of said meetin~ pursuant to the noticin~ procedures in Section 19.12.070 and by postini at the prooosed proiect site. ~ All affected ai:encies. includin~ but not limited to the State Deoartment of Health Services/Toxic Substance Control Pro~ram. Re~ional Water Ouality Control Board. County Department of Health Services- H~7~rdous Materials Mana~ement Division. and the Air Pollution Control District. shall send a representative who will explain to the public their al!ency's mocedures for aDprovinl! permit applications for the mQject. and outline the public's o'p.portunities for review and comment on those ap'plications. Ordinance No. Page 10 E.. LOCAL ASSESSMENT COMMITIEE: FORMATION AND ROLE 1... At any time after filin~ of the N.O.I.. but not later than 30 days after an lij>nlication for a land use decision has been acce.pted as complete. the City Council shall ~'point a seven member Local Assessment Committee ("LAC") to advise the City in considerin~ the h~7"rdous waste facility pro'posal. 2.. The membershin of the LAC shall be broadly constituted to reflect the makeup of the City. and shall include three re.presentatives of the City at larl:e. two re.presentatives of environmental or public interest ~roups. and two rc:presentatives of affected businesses and industries. Members of the LAC shall have no direct financial interest. as defined in Section 87103 of the California Government Code. in the prooosed project. .3... The LAC is solely an advisory committee. and is not empowered with any decision making authority relative to the nrooosed proiect. nor with the legal standim! to assert ~ific project conditions. Rather. the LAC provides a mechanism for direct input on matters of concern to the ~eneral nublic into the environmental review process. and presents the o'p.,portunity for framin~ Questions that should be addressed in that process. as well as in seeing that these Questions are addressed as early in the process as possible. ~ As such. the LAC shall. within the time period prescribed by the City Council. advise the City of the terms and conditions under which the pro'posed h~7"rdous waste facility nroject may be acce.ptable to the community. as follows: iL. Adont rules and urocedures which are necessary to perform its duties. 12.. Enter into a dialogue with the project proponent to reach an understanding Qn.;. ill the su!!!!ested terms. provisions and conditions for proiect annroval and facility o.peration which would ensure protection of public health. safety and welfare. and the environment of the City of Chula Vista and adjacent communities. and ill the ~ial benefits and remuneration the prQponent will provide the City as compensation for all local costs and impacts associated with the facility and its o.,peration. Such discussions shall address "fair share" concc:pts as set forth in Section 5.5 of the General Plan Public Facilities Element. includin~ the consideration of establishing inter-~overnmental agreements. and/or other compensation and incentive pro!!rams. Ordinance No. Page 11 Said dialo~ue shall be re!iPOnsive to the issues and concerns identified at the meetinl! described in subsection G .1. k. With rel!ard to subsection 'b.' above. any resultins: prQpOsed mitil!ation measures not already defmed in the environmental review or permittin~ process would be subject to the ne~otiation process with the proJ)Onent. with the ne~otiation results forwarded as recommended terms of 8.Pproval to the Planninl! Commission and City Council. Q.. Re.present I!enerally. in meetinl!s with the project awlicant. the interest of the residents of the City of Chula Vista and the interests of adjacent communities. as principally made known throu~h the Post-Ap.plication Meetin~. ~ Receive and expend. subject to the approval of the City Mana~er and authorization of the City Council. any technical assistance ~rants made available as described in Subsection J. f... Advise the Plannin~ De.partment. Plannin~ Commission. and the City Council of the terms. provisions. and conditions for proiect aDproval which have been successfully ne~otiated by the committee and the proponent. and any additional information which the committee deems ap.proDriate. The Plannin~ De.partment. Plannin~ Commission. and City Council may use this advice for their indeJ}endent consideration of the proiect. ~ The City shall allocate staff resources to assist the LAC in rerformin~ its duties. and the proiect pro.,ponent shall be re!iPOnsible to pa,y the City's costs in establishin~. convenin~. and staffins: the LAC. throul!h establishment of a deoosit account for such pUl:poseS with the Planninl! Department at the time of filin~ an application for a land use decision. ~ The LAC shall cease to exist after final administrative action by state and local a.~encies has been taken on the rermit !\p'plications for the proiect for which the Committee was convened. G.. NOTICE OF PERMIT APPLICATION: POST-APPLICATION MEETING 1.. Within sixty (60) days after receivinl: the notice of a complete awlication as required by subsection D.8. the Office of Permit Assistance in the State Office of Plannin~ and Research will convene a ("Post-Application Meetinl!") in the City Ordinance No. Page 12 of Chula Vista of the lead and resoonsible a~encies for the proiect. the proponent. the LAC. and the interested public for the PUl::POse of determinin~ the issues which concern the a~encies that are reQuired to lIP'prove the proiect. and the issues which concern the public. The Planninl! De,partment shall provide notice to the public of the date. time. and place of the meetin~. 2.. The issues of concern raised at the Post-ADDlication Meetin~ must include all environmental and permittin~ issues which will nPM! to be addressed in the environmental document to ensure the document's adeoua<;y in sunoortinl! the actions of all permittin~ and responsible a~encies for the project. .3... The Post-Application Meetini should be held as soon as an environmental initial study or notice of pre.varation is available for review and comment. so that adequate onoortuniw is provided for meetini innut to be employed in the sco.vini of subsequent environmental review activities. lL.... ENVIRONMENTAL AND HEALTH RISK ASSESSMENTS l.. All hazardous waste facility nro.posals shall be required to under~o an environmental review and health risk assessment re~ardless of facility type. size. or nroximity to ponulations or immobile oopulations. 2.. As hazardous waste facilities may vary ~reatly in their potential public health and safety. and environmental risks. the de.vth and breadth of environmental review and health risk assessments must be tailored on a case-bY-case basis. .3... The environmental review and health risk assessment shall serve as the primary vehicles for identifyini community and involved aiency concerns. and providini: data to be used by the LAC and the City in neiotiatin~ nroiect conditions. As such. within 30 days followin~ the Post-Ap.vlication Meetin~. the City shall: iL. create an ad-hoc technical committee to advise the City and the LAC on technical issues re~ardin~ the sco.pinl! and preparation of the environmental review and health risk assessment. The membership should consist of staff from each of the involved permittin~ or re:u;>onsible aeencies. an ~idemiolo~ist. a toxicolo~ist. and any other technical experts deemed necessary or desirable. h.. convene a meetin~ of involved City staff. the environmental document preparer. the LAC. ad-hoc technical committee. and the prciject prQponent to establish the scoj)e and content for the environmental document and health risk assessment. and the "PM! for any other technical studies. The Ordinance No. Page 13 City Council shaH review the meetin~ outcome. and aDDrove a final SCQpe for the environmental review and health risk assessment prior to the commencement of work. ~ A traffic/transportation study shall be TeQJlired as part of the environmental review for all h~7"rdous waste facility pro'posals. and at minimum shall account for all factors addressed under the Safe Tran&portation sitin~ criteria contained in Section 5.5 of the Public Facilities Element of the City General Plan. ~ lJpon selection of a reasonable ranl!e of proiect alternatives under the California Environmental Ouality Act. Public Resources Code Sections 21000et seq.. the City. upon the advice of the LAC and ad-hoc technical committee. shall establish a preferred hierarchy amon~ those alternatives for the DUI:POSe of determininl! the level of Qualitative and Quantitative analysis that should be rerrormed for the health risk assessment on those alternatives. In determininl! this preferred hierarchy and associated level of health risk assessment. consideration shall be eiven to the relative feasibility of each alternative to attain the stated proiect obiectives. and the relative merits of each alternative. ~ The health risk assessment shall serve as an evaluative and decision-makin~ tool. and shall not be construed as Drovidin~ definitive answers re~ardin~ facility sitin~. 7. The ad-hoc technical committee shall remain in tact to assist. as requested. the City and the LAC in the evaluation of the final health risk assessment and any technical studies to determine acce.ptable levels of risk. and/or to determine the extent and type of related conditions and mitil!ation measures which should be aDDlied to the Droiect. .8.,. The LAC shall not finalize its recommendations for forwardinl! for Plannin2 Commission and City Council consideration until after the Dublic review period for the draft environmental document has closed. and the LAC has had sufficient time to review any comments received. 2. Any costs associated to the formation or work of the ad-hoc technical committee. in addition to any other consultant(s) the LAC deems necessary. inc1udine costs incurred in the pre.Pafation of any technical studies. shall be paid for throul!h technical assistance ~rants as described in subsection J. I. INITIAL CONSISTENCY DETERMINATION .L. At the request of the IIPPlicant. the City Council shall. within sixty (60) days after Ordinance No. Page 14 the Plannin~ Denartment has determined that an aPJ'lication for a conditional use permit is complete and after a noticed public hearin~. issu~ an in~~ wri~n determination on whether the proposed proiect is consist~n with of e followin~: iL. The aoolicable provisions of the City General Plan and Zonin~ Ordinances in effect at the time the ClPplication was acceoted as complete. h.. The county h~7~rdous waste mana\!"ement plan authorized 'J: Z::;c~: ~~~ (commencin~ with Section 25135) of the California Heal 1; Code. if such olan is in effect at the time of ~'plication. 2.. The PlanninL! Department shall send to the CIP'plicant a co'py of the written determination made pursuant to item ] above. .l. The determination reQuired by item 1 above does not prohibit the City from makinL! a different determination when the final decision to aO'prove or ~en~ the conditional use oermit is made. if the final determination is ba~ on inf~rm_tion which was not considered at the time the initial determination was made. L. TECHNICAL ASSISTANCE GRANTS: LOCAL ASSESSMENT COMMITTEE NEGOTIATIONS 1.. 1.. Followin!! the Post-Ap.plication Meetin!!. the LAC and the propon;n~h~l m~t and confer on the proiect proposal pursuant to the provisions of s b ti n F Given that the rules. re!!ulations. and conditions relative to h~7",rdous waste facility oroiects are extremely technical in nature. as are the associ~ asse~sment~ ofpo~ential oubli7 health and env~ronmental risks. :e.;A; m~;::: that It reqUIres assIstance and mdeoendent advIse to adeauately VI w pr Droiect and make recommendations. In such instance. the LAC m~y r~~e:~ technical assistance ~rants from the City to enable the hirin~ of a cons ltan s do any. or all. of the followinL!: i.. h.. assist the LAC in the review and evaluation of the prQject I\PJ)lication. environmental documents. technical studies. and/or any other documen=~ materials and information required in connection with the oroi aoplication. intemret the potential public health and safety and environmental risks associated with the proiect. and help to define acce.ptable miti~ation measures to substantially minimize or eliminate those risks. Ordinance No. Page 15 k... advise the LAC in its meetin~s and discussions with the prooonent to seek ~reement on the terms and conditions under which the nroject will be accentable to the community. :i.. The proponent shall be required to PI\Y a fee equal to the amount of any technical assistance ~rant authorized for the LAC. Said fee(s) shall be paid to the City. and dc;posited in an account to be used exclusively for the purooses set forth in subsection J.2. 4... If the local assessment committee and the 8P'plicant cannot resolve any differences throu~h the meetinl!s. the Office of Permit Assistance in the State Office of Planning and Research may be called upon to mediate disputes. l.. The proponent shall pay one-half of the costs of any mediation process which may be recommended or undertaken by the Office of Permit Assistance in the State Office of Plannin~ and Research. The remaininl! costs will be paid. upon aDpropriation by the lel!islature. from the State General Fund. K. ADDmONAL FINDINGS REOUIRED FOR HAZARDOUS WASTE FACILITIES Before any conditional use permit for a hn"rdous waste facili\y may be granted or modified. in addition to the findings required by Section 19.14.080. it shall be found that the proposed facility is in compliance with the following: .L. The "General Areas" policies of Section 5.5 of the Public Facilities Element of the City General Plan. 2.. The "siting criteria" as set forth in Section 5.5 of the Public Facilities Element of the City General Plan. :i.. The "fair share" princinles established in Section 5.5 of the Public Facilities Element of the City General Plan ~ The County of San Diego H"7"Tdous Waste Manal!ement Plan. SECTION VII: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Ordinance No. Page 16 Presented by Approved as to form by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney