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HomeMy WebLinkAboutPlanning Comm Reports/1994/11/09 (4) City Planning Commission Agenda Item for Meeting of November 9, 1994 Page 1 3. PCM-95-07 Zoning Interpretation for Wastewater Treatment and Recvcling Facilitv - Resource Recoverv Techniaues. Inc. (Continued) A. BACKGROUND Resource Recovery Techniques, Inc. (RRT) is requesting that the Planning Commission determine that a wastewater treatment and recycling facility is either a permitted or conditional use in the 1- L Limited Industrial zone. Wastewater treatment facilities are not presently listed in the Zoning Ordinance, but the Planning Commission is authorized to categorize a use not specifically listed provided the use is determined by the Commission to be of the same general character as those similarly categorized. This item was continued from the meeting of October 26, 1994, to allow the applicant additional time to meet with staff to clarify processing and timing issues. They have decided to pursue the request as originally submitted to the Commission. The Environmental Review Coordinator has determined that the zoning interpretation is exempt from environmental review as a minor alteration to land use limitations, Class 5 Exemption under the provisions of the CEQA Guidelines. B. RECOMMENDATION Adopt attached Resolution PCM-95-07 denying the request as submitted and finding that a wastewater treatment facility is of the same general character as the conditional uses provided for in the I General Industrial zone. C. DISCUSSION The RRT wastewater treatment and recycling operation would involve the chemical and biological treatment of non-hazardous wastewater on a 3.8 acre site at the northwest corner of Bay Boulevard and Palomar Street in the I-L Limited Industrial zone. The facility would include an administration building, a treatment building, treatment tanks, and a chemical storage building. The facility would have the capacity to process 42 million gallons of wastewater per year, 65% of which is septic/portable toilet waste, and 35% of which is grease trap and bilge water waste. The material would arrive via 40-50 I,OOO-5,000-gallon tanker trucks City Planning Commission Agenda Item for Meeting of November 9, 1994 Page 2 per day. All off-loading of waste is conducted inside an enclosed building. (Please see attached project description and conceptual development plans.) Please see attached for excerpts from the Code listing the permitted, conditional and prohibited uses in the I-L Limited Industrial and I General Industrial zones. Following are the descriptions of these two categories of industrial use from the General Plan and the Zoning Code: General Plan Research and Limited Industrial This category includes research and development, light manufacturing, warehousing, and flexible-use buildings, which combine the above uses with office space. General Industrial This category includes all uses identified for Research and Limited Industrial plus light manufacturing operations, large-scale warehousing, transportation centers, and public utilities. Zoning Code I-L Limited Industrial The purpose of the I-L zone is to encourage sound limited industrial development by providing and protecting an environment free from nuisances created by some industrial uses and to insure the purity of the total environment of Chula Vista and San Diego County and to protect nearby residential, commercial and industrial uses from any hazards or nuisances. I General Industrial The purpose of the I zone is to encourage sound industrial development by providing and protecting an environment exclusively for such development, subject to regulations necessary to insure the purity of the airs and waters in Chula Vista and San Diego County, and the protection of nearby residential, commercial and industrial uses of the land from hazards and noise or other disturbances. City Planning Commission Agenda Item for Meeting of November 9, 1994 Page 3 Please also see the City's Land Use Chart, attached hereto. The Chart represents those uses which have been found by the Planning Commission to be of the same general character as the uses which are similarly categorized and specifically listed in the Code. In their request, RRT cites several uses which are either permitted or conditional uses in the I-L zone, and which are, in their opinion, comparable in scope or "much more intense and potentially environmentally damaging" than a wastewater treatment facility (please see attached application and supporting correspondence from RRT). These are: Permitted Uses: Asphalt paving yards Automobile dead storage yard Battery reconditioning and manufacturing Dry cleaning plant (except large scale)* Laboratories * Major electrical appliance repair Manufacturing of containers comprised of metal, wood or paper Processing of previously prepared materials* Storage yards* Conditional Uses: Distribution centers* Freight trucking terminals* Hazardous waste facilities** Plastic and other synthetics manufacturing* Recycling collection centers*** Well drilling and tank cleaning operations * The uses marked with an asterisk are listed in the Code. The balance are from the Land Use Chart. ** The provisions on Hazardous Waste Facilities were recently added to the Code as a result of State legislation (the Tanner Act), which mandates that applications for hazardous waste treatment facilities must be accepted and reviewed (but not necessarily approved) within all industrial zones. Such facilities are subject to the extensive requirements of CVMC 19.158.128, attached hereto, which include the general areas and siting criteria, and fair share principles, established in Section 5.5 of the Public Facilities Element of the General Plan, also attached hereto. City Planning Commission Agenda Item for Meeting of November 9, 1994 Page 4 The attached materials on Hazardous Waste Facilities are not applicable to RRT's proposal and need not be reviewed in detail or at all. They have been included simply to illustrate that the consideration of such facilities as conditional uses in the 1- L zone was mandated as a result of State legislation, and they are subject to special and exacting standards and a rigorous review process. *** The provisions on Recycling Collection Centers were added to the Code in response to the State "Bottle Bill," which mandates that collection facilities be located within" convenience zones" (in close proximity to grocery stores). Larger recycling operations are presently allowed only by conditional use permit in the I General Industrial zone. D. ANALYSIS Several of the uses cited by RRT have aspects which could be considered comparable or perhaps more potentially impactive than a wastewater treatment facility. However, we believe it is appropriate to categorize a use in relation to the purpose and intended character for the zoning district, and also the general character of the totality of uses similarly categorized in the Code. Determinative to staff is the distinction between the limited or light industrial character intended for the I-L zone, versus the heavier or general industrial character envisioned for the I zone. A facility which involves a general or heavier industrial appearance and activity levels, which in this case includes several large storage tanks and 40-50 wastewater tanker trucks servicing the facility on a daily basis, would appear to staff to fit more clearly within the scope of a General Industrial rather than Limited Industrial zone. Also, more specifically, with the exception of the State-mandated Recycling Collection and Hazardous Waste uses, the processing uses which are permitted or conditional uses in the I-L zone involve processing of products from previouslv prepared materials (see 19.44.020A). On the other hand, the prohibited uses in the I-L zone involve processing of products from raw materials, and include reprocessing activities such as rendering and salvage operations (see 19.44.050A). We believe a wastewater treatment facility is more similar in general character to these prohibited uses than the permitted and conditional uses cited by RRT. RRT further states that a wastewater treatment facility is similar in character and less onerous than several of the uses listed as Unclassified in Section 19.54 of the Code. Such uses are eligible for location in any zone upon the approval of a conditional use permit by the Planning Commission and City Council (please see attached CVMC 19.54). City Planning Commission Agenda Item for Meeting of November 9, 1994 Page 5 Unclassified Uses are those that are declared to possess characteristics of such unique and special form as to make it impractical to automatically include them in any particular zone. Although a case could perhaps be made for including a wastewater treatment facility within this unique category of uses, there is no similar provision in this section, as there is in the individual zone districts, for the Planning Commission to make such a determination based upon similarity of general character. It would require an amendment to the Code to specifically include such facilities in that section. For these reasons, and based on the fact that general salvage operations are treated as a conditional use in the I-General Industrial zone, we are recommending that the request be denied and that the Commission determine that a wastewater treatment facility is of the same general character as the conditional uses provided for in the I General Industrial zone. If the Commission concurs with this recommendation, it would be necessary for RRT to apply for a General Plan amendment, Local Coastal Plan amendment, rezoning and conditional use permit in order to locate a wastewater treatment facility at the northwest comer of Bay Boulevard and Palomar Street. As an alternative, although not recommended by staff, RRT could apply for an amendment to the Municipal Code to include wastewater treatment facilities in the Unclassified Uses section of the Code. The conditional use permit required for Unclassified Uses could be processed concurrently with this request. Attachments: 1. Application and associated request from RRT 2. Resolution PCM-95-07 3. Project description and conceptual development plan 4. I-L zone provisions (CVMC 19.44) 5. 1 zone provisions (CVMC 19.46) 6. Unclassified uses (CVMC 19.54) 7. Land Use Chart 8. CVMC Section 19.158.128 and Section 5.5 of the Public Facilities Element of the General Plan (Hazardous Waste Facilities) 9. Memo from Conservation Coordinator 10. Disclosure Statement (m:\home\planning\pcm95-07.per) RESOLUTION PCM-95-07 RESOLUTION PCM-95-07 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION DENYING A REQUEST TO FIND THAT A WASTEWATER TREATMENT IS OF THE SAME GENERAL CHARACTER AS PERMITTED OR CONDITIONAL USES IN THE I-L LIMITED INDUSTRIAL ZONE AND FINDING THAT A WASTEWATER TREATMENT FACILITYIS OF THE SAME GENERAL CHARACTER AS THE CONDITIONAL USES PROVIDED FOR IN THE I GENERAL INDUSTRIAL ZONE AND AMENDING THE LAND USE CHART ACCORDINGLY WHEREAS, a duly verified application for a zoning interpretation was filed with the City of Chula Vista Planning Department on October 14, 1994, by Resource Recovery Techniques, Inc.; and WHEREAS, said application requests that the Planning Commission determine that a wastewater treatment and recycling facility is either a permitted or conditional use in the I-L Limited Industrial zone; and WHEREAS, the Environmental Review Coordinator has determined that the proposal is exempt from environmental review as a minor alteration to land use limitations, Class 5 Exemption under the provisions of the CEQA Guidelines; and WHEREAS, the Planning Director set the time and place for the Planning Commission's consideration of said zoning interpretation, which occurred on November 9, 1994, at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION, based upon the facts presented, does hereby find, determine, resolve and order as follows: 1. Environmental Exemption. That the proposal is exempt from environmental review as a minor alteration to land use limitations, Class 5 Exemption under the provisions of the CEQA Guidelines. II. Zoning Determination. That wastewater treatment facilities are determined not to be of the same general character as permitted or conditional uses in the I-L zone, but are found to be of the same general character as general salvage operations and other conditional uses listed in the I General Industrial zone. III. Land Use Chart Amendment. That the City Land Use Chart be amended to include wastewater treatment facilities as a conditional use in the I General Industrial zone. IV. That a copy of this resolution be transmitted to the applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 9th day of November 1994 by the following vote, to wit: AYES: NOES: ABSENT: ABSTENTIONS: William C. Tuchscher II, Chairman Attest: Nancy Ripley, Secretary (m: Ihome Iplanninglpcm95-07 . res) APPUCATION AND SUPPORTING CORRESPONDENCE FROM RRT ./ < ._ OCT-05-'S4 lIED 14:42 ID:CITY [F Qt..LA VISTR TEl.. HJ:CITY [F Qt..LA VISTR 11524 PIiIO!. , .-.., \ . . . \ 13K- . . at)' of Chula Vista 1'1-1111(111 Dqu1meDt , QNcNO:~01 PDID& Date: - MISCELLANEOUS REQUEST APPLICATION . TYPB OF aBQUBST Study: Report: )( ,o1iey: Muter Plan: 'M SobecMe: JIrelimfDary: NUDl Code Mtlllilm6Dt: 8Ireet NUDe a.-"IO: LueS UIe Cbut OrdiDucei IDterIID: Urseacy: Other (Spoc1fr): , xx Interpretation or IL Zone 1Ip.:ifi/I PJu: M6DdmeDt: lle&rveJopm6Dt Amuadmeat SPA ,laD: AmeDclmODt: .. ~~~. i~~: Request intercresation that~ro~oseduse~is consistent in nature, intent and intensity to already permitted uses in the IL Zone. See attached letter to John Gos~ dated September 26, 1994. AppUcaDt: Resource Recovery Techniques, Inc. ' 'hIepbCIDeNo. (214) 385-11i AddreIa: 15851 Dallas Pkwy., Ste. 1101, LB 147, Dallas; 'l'X 75248 , ToIop_e No.(214) 385-029] . caD~Penoa:Mark Schneider Related "'-1' None. AlUHail Puoe1 ~I; Resource Recovery i'echniques I 'Inc. lrbIt NUDe By: !a 'fftmeider vice President Of Corporate Development 10/12/94 Dato ..... Grant E. Dcs\aChe Snyder Langston 5675 Ruffin Rd., 11300 San Diego, CA 92123 c;I SNYDER LANGSTON _E__~SmIfcfs October 14, 1994 Planning Dcpt. City of Chula VlSta 276 Founh Avenue Chula Vista, CA 91910 Dear Planning Commission: Attached you will find a Request Application for the Interpretation of the "IL ft Zone. It is our undcrstanding that this Zoning Ordinance coven the property in which we would like to site our facility. We believc that the location ofRcsource R.ccovery Techniques facility fiu within the guidclincs of the "n. ft Zone for the following reasons: . Pcr Section 19.44.010 A- Processing ofpreviously prepared materials is pcnnitted in this zone. . Pcr Section 19.44.010 D- Laboratories arc pcnnitted UDder this zoning ordinance. . Per Section 19.44.010 H- Cleaning planU arc permitted within this zone. Resource Recovcry Techniques facility docs process existing materials, has a laboratory on sitc, and providcs a clcaningltrcatment service to the community we re5JIC'1fully submit our requcst to be allowed to site this facility within thc "IL ft Zone. 5675 Ruffin Road. Su~e DJ. San Diego. CalifOmia 92123 fNX (6191496-3777 . (619) 496-3700 PAUL A. f'CTE..ON ._IGO_'" C. ... .......TT &0....0 r. WHITTl.e" L'rHNI I.. HEIDEL tn.CCCA "ICHAE~ .......H...... ... .CA'''' ....TTHEW A. peTE".ON .........,. .... ..u.........! PETER.SON & PR.ICE ^ Pl\,OfE,SSION^L COIU'OAA TlON 'lAWYERS 530. Sn!ET. sum 2300 SAN DIECO. CALIFORNIA 92101-4454 TIUPHONE . Au... CODf 619 23400361 .. -.. ", - FAA 1119) 2300-Da6 ftL& No. September 26, 1994 4538.002 Mr. John Goss, City Manager CITY OF CHULA VISTA 276 4th Avenue 1 Chula Vi.ta, California 92010 . . Re: Resource Recovery ~echniques Dear John: We represent Resource Recovery ~echniques, Inc. which is proposing an environmentally sound, non-hazardous wa.tewater treatment and recycling facility at Western Salt Company'. 3.7-acre parcel at the northwest ,cotner of Palomar and Bay Blvd. Attached are letters from our client to Mr. Lyle Haynes and Mr. Sid Morri. dated August 17, 1994 and september 15, 1994, r..pectively, which summarize the .cope of the project. We have had a .eries of meetings with staff and appear to be at an impasse as to how to proceed with the discretionary permits and approval.. Mr. Haynes recently is.ued a letter to our client dated Sept.mber 6, 1994 which outlin.d some of the pr.liminary staff conclusions as to how t.his project should be proc....d. 1It'r'1ett.r indicates ,that a General Plan Amendment, a aezone, an LCP 'Amendment, and a coastal Development Permit are all required for the proj.ct. W. do not agr.. with this conclu.ion, . W. have car. fully analyz.d the Gen.ral Plan, the a.d.velopm.nt , Planning Document. and the City Municipal Cod., and conclude that this project .hould be proc....d .ith.r a. a "permitt.d by right Mr. John Goss, City Manager september 26, 1994 page 2 use" in the limited Industrial Zone (IL) or, through a Conditional Use permit as authorized by Chapter 19.14 of the Municipal Code. We believe that this type of project is within the scope of the permitted uses as outlined in Section 19.44.020. Further, we - have reviewed the Land Use Chart that the City Planning Department distributes and find that a variety of auch aore intense and potentially environmentally damaging projects are permitted "by right" in the IL Zone. 'l'hese "permitted by right" uses include asphal t _ paving ,yards, automobile dead storage yards, battery reconditioning and manufacturing, aanufacturing of containers comprised of metal, wood or paper, large scale dry cleaning industrial plants, major electrical appliance repairs, and storage yards, just to name a few. In addition, there are a variety of uses which are allowed by Conditional Use Permit in the ~L Zone, including, but not limited to, distribution centers, !fe1ght trucking terminals, hazardous waste facilities, plastic and other synthetic aanufacturing plants, recycling collection centers, and well drilling and tank clearing operations. Finally, unclassified uses identified in Municipal Code Chapter 19.54 are permitted by conditional Use Permits in any zone within the City. Many of these unclassified uses are of a auch aore intense nature than our client's non-hazardous wast_ater treatment and recycling facility. -- The property is zoned for industrial use and our client'. proposed use is consistent with that designation. It is our understanding that the City Council ha~ recently given policy direction to the Planning Department which uy be contrary to how this particular project is being initially evaluated by staff. We believe that the Municipal Code is clear Mr. John GOss, City Manager september 26, 1994 Page 3 that this project should either be permitted by right in the IL Zone, or in the alternative, that a conditional Use permit could be processed for this type of project. We believe that to require that this project process a General Plan Amendment, a Rezone, .an LCP Amendment, and a coastal Development Permit would be a tremendous waste of resources, time and expense and be in direct conflict with the City's lead role in establishing the Border Environmental Commerce Alliance Program (BECA). We would urge you to review and determine that this project can be processed as suggested in this letter. We would welcome a meeting with you to further discusS this item at your earliest convenience. Thank you for your courtesy. . "Sincerely, _1':",". . PETERSON , PRICE . Pr.f...1~.1 ~t1~ ~.1.~.~ S7I1 Enclosures cc: Mr. Sid W. Morris, Assistant City MAnager Mr. Robert A. Leiter, Planning Director - Mr. Chris Salomone, Community Development Director- Mr. Lyle Haynes, principal Community Development specialist Western Salt Company Resource Recovery Techniques, Inc. f~ TIoc....... m511)dOas""'Y.' SoW 1101. U 147' o.n... 'IX 75148 Ul41 S8~29I'I_J96-1140' UI41 S8~8'16 Fa Resource Recovery Techniques, Inc. August 17. 1994 . Mr. Lyle W. Haynes City of Chula Vista Community Development Department 276 Fourth Avenue 0' Chuta Vista, CA 91910 .' Re: Previous Meeting Dear Mr. Haynes: I have already forwarded detailed drawings of our facility which we are building In phoenix, AZ. It Is an environmentally engineered facility which has spill prevention. . control and containment for all liquid waste processed at our facility. We have also forwarded preliminary drawings to Indicate how our facility can layout on our site In Chula Vista. I will now try to address your questiofis"forwardedto me by Mr. Curtis Valenzuela. 1. The process used at our facility Is basic wastewater technology, Including physical. chemical and biological treatment of non-hazardous liquid waste (NHLW). We are . planning to handle a majority of the NHLW currently disposed of at Pump Station #1 In San Diego. The volumes CUlT8l"!tly accepted by the City of San Diego are NMlng abOut 34.000.000 gallons a year (see attached report from the City of San Diego. 1993 Trucked Waste Discharges). It Indicates about 1;800.000 gallonS'1l"ft\Onth of septic and portable toilet and 1.050.000 gallons of industrial waste which Is composed of the water portion from grease traps and nonhaZ8rc:1ouS bilge water. : .;. 2. . . 3. Material brought on site will be treated and disposed of In the following manner. , Over 90% of the material will be treated effluent and discharged to the metro- sewer system. An Industrial discharge permit will be obtained ard . Resource Recovery Techniques, Inc. (RRT) wilt-meet the limits and .testirig required. Separated solids will pass the paint filter test and be landfilled ~ used In a composting program. Vegetable grease and oil will be recovered and recycled. The solids, grease and 011 represent less than 10% of the NHLW and will be RECEIVr~ AUG 221994 .""nvU'.'(: TRRAY'S '~'O".CII '01 A CLIAMII TOWOIIOW 0 4. transported off-site. The site we are proposing 15 approximately 500 feet off the Palomar exit of 1-5 and minimizes any Impact to Chula Vista roads. The NHLW will be brought via enclosed tanker trucks which vary In size from 1.000 to 5,000 gallon capacity. Currently a majority of NHLW arrives via 5.000 gallon tanker trucks. Our facility would be open from 7:00 am to 6:00 pm Monday thru Friday and 8:00 am to 12:00 am Saturday. Based on receiving 3,000,000 gallons of NHLW a month the facility would receive less than 4 trucks per hour at an average capacity of 3,000 gallons. .' . It A preliminary site plan was forwarded on August 16, 1994. We would build two buildings utilizing concrete tilt wall construction. The off-loading, physical and chemical treatment Is pelformed Inside the treatment building. The treatment tanks outside .are less than 20 feet tall and would be screened by our treatment building fronting .Bay Blvd. , hope this information answers your questions, please let me know If you have any other questions. 5. ; .,. .~;". . Sincerely, 1J~Jttt!t . Mar1< Schneider, Vice President of Corporate Development RESOURCE RECOVERY TECHNIQUES, INC. -- MSlmg cc Paul Peterson. Peterson & Rice, San Diego, CA David Bidelspach. Resource Recovery Techniques. tnc.. Dallas. TX ., . II., . . -' .. ':'f .~ . TIoc ModiIon. 1S8~1 DoIbs\'kty.. SoW 1101. U 147' o.n... 'IX 7~248 Q14) J8~1'1_396-V.40 '(214) S8~ Fa. Resource Recovery Techniques,lnc. September 15, 1994 Mr. Sid W. ,Morris Assistant City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Our 9113194 'Meeting .' Dear Mr. Morris: .' , We appreciate your time and thoughtful questions. We would like to summarize the economic and environmental benefits we can provide to the region. . Resource Recovery Techniques (RRT) was founded on the principle of providing sound environmental treatment solutions for nonhazardous wastewaters. RRT Intends to build a network of treatment facilities designed to offer a full-c:ircle solution to meet this challenge. While benefitting the San Diego and Chula Vista area environmentally. we 'also offer these economic benefits: . ,. .;;,.- : , ~ 1) 20-30 full-time positions; 2) tax on property and Improvements (approximately 14M In Improvements); 3) sales or use taxes, If applicable, on $4.3M In sales annually; and, <4) reduction In costs associated with dogged sewer lines (due to grease). These can be measured directly; however. RRTs real value may be significantly higher If the Indirect economic benefits are considered. There lire literelly. hundreds of businesse& that could benefit from a nonhazardous liquid waste (NHLW) facility like RR1's. Currently restaurants, car washes and numerous other n.onhazardotinlquld waste generators are paying premium costs to ship these wastewaters to Los Angeles and Stockton. CA. Our facility may assist Chula Vista and the entire region In finding several major companies considering the regIon because of Ita ability to provide sound environmental treatment at affordable priceS. Some major Industries with these wastewaters are food. beverage. cosmetic, chemical and shipping. RRT will provide hundreds of thOUsands of dollars directly to Chuta Vista but indirectly RRT will be helpful in attracting Industries with over ten times the direct economic. benefits. The environmental benefits our facility offers are likewise significant RRT pretreatment facilities are designed to treat a variety of nonhazardous wastewatersRfCf.!"tO SEP 19 1994 A.COVII.Me YCI'O"'" IIIOUICU '01 .. cLI....a. TOMoaROW 0 '. ~etel!r.:l & Pritt ~ Mr. Sid W. Morris September 15, 1994 page two . . . l Treatment Is available for septic, grease, sand traps, as a well as nonhazardous ship and Industrial wastewaters. 'RRT facilities use physical, chemical and advanced biological processes to pretreat water prior to discharge In the sanitary sewer. Currently the majority of the region's wastewaters are disposed of directly to the City of San Diego without any pretreatment. Grease from restaurants and grit from car washes are not accepted at the city's receiving station on Harbor Drive, Legel altematives for grease and grit wastewater are in Los Angeles and Stockton. CA, respectively. Unpermitted facilities have been located in the region. These unpermitted facilities offer a low price and reduced trucking times and are currently handling significant volumes. RRT Intends to provide the long-term solution of all NHLW Including grease and grit. We also provide a safe and effective treatment for most ship wastewaters. We have been talking to the Navy and they are very Interested In our capabilities. RRT's pretreatment capabilities are needed and will benefit a wide ~nge of Industries, as well as, the environment. .. It Is our understanding that Chuta Vista.has taken the lead In establishing the Border Environmental Commerce Alliance (~CA) program, BETRC, and BESC. The purpose of these programs Is to promote and assist the environmental Industry and create opportunities for growth and employment. We feel that Resource Recovery Techniques offers aU of this for Chula Vista. RRT Is not seeking to avoId any required permits. We are seeking the benefits that BeCA provides In streamlinIng the . permitting processes. We loOk forward to working with the City of Chula Vista now and In the future. Sincerely, ' ::1o:!':::::::::c~ _~em RESOURCE RECOVERY TECHNIQUES, INC. MS:mg -- .... cc: David Sidelspach, Resource Recovery Techniques, Inc.. Dallas Brian Bidelspach, Resource Recovery Techniques. Inc.. Dallas Paul Peterson. Peterson & Price. San Diego. CA .' PROJECT DESCRIPTION AND CONCEPTUAL DEVELOPMENT PLAN - - Resource Recovery Techniques (RRT) Preliminary "Fact Sheet" September 1, 1994 Location: City Zoning: Coastal Zoning: NWC Palomar and Bay Blvd. - 3.8 acre site I-L-P I-R Wastewater Treatment Facilitv Chemical and biological treatment of "non-hazardous" wastewater Septic/portable toilet and industrial waste Separated solids about 10% of in-talce Estimated to talce immediately 34,000,000 gallons/yr 21,600,000 of septic/portable toilet etc., 12,400,000 of industrial waste: grease trap water/non-haz bilge water Arrives via 5,000 gallon tanker trucks/ 40-50 per day Facility capable of handling 42,000,000 gallons/yr (should be evaluated at that level) Two Main Buildings: Concrete Tilt-up Treatment Building which would screen treatment tanks from Bay Blvd. Administration Building Treatment tanks plus a chemical storage building Contacts: David A. Bidelspach, President, RRT 1-800-396-1140 Mark Schneider, VP of Corporate Development Michael Gehrke, Technical Operations Grant Destache, Director of Proj. Dev. . Snyder Langston 619-496-3700 (Construction Consultant) Matt Peterson, Attorney Peterson & Price 619-234-0361 C:IWPSlIBAYNESII)()CUMI!N'NUlTFACT.SBT " .. ' - ". I ! 1 I I I , i , , , . . i ' I i '1 j -- _... .------- I-L ZONE PROVISIONS (CVMC 19.44) QapteI' 19.44 I-L . UMITED JNI)lJS'I1UAL ZONE SectiAI>.: 19.44.010 Purpose. 19.44.020 Permittecl-. 19.44.030 kcSJ<<J IIMI _ IIuildiDp. 19.44.040 CaDditicma1l1M1. 19.44.050 ProhibireclllMl _ pAtlllV 19.44.060 Sip RJII!aIioDl. 19.44.070 Heilht regu1atioDs. 19.44.080 Area. lot am=rqe I11III J8'4 nqgInaM:DIa. 19.44.090 Paformance gft.J.rds. 19.44.100 Puel resIrictioDs. 19.44.110 Setbacb from. ..-ti.I...,ricultunl ~ '-I1itW. 19.44.120 Landscaping, 19.44.130 Site plan md architectUnl -Yl"v..l. 19.44.140 Of!'-meet partin& IIIIIIlo....ftl facilities. 19.44.150 Outdoor 1tOtqe. 19.44.160 Trash ltOn&e areas. 19.44.170 I!.ndONJ'el required foe aD ur- "'-1!ptioDa. 19.44.180 Wall reqWnmeDts. 19.44.010 Purpose. The purpose of the l-L zone is to encourage IIOIIJId limited indusuial development by providing md protecting an environment free from nuisances cre.ted by tome indusuial usa and to Insure the pllrity of the total environment of Chili. Vista and San Dieio County and to protect nearby residential, commercial and industrial uses from any hazards or nuisances. (OrIS. 1281 11 (pan), 1970; OrIS. 1212 11 (part). . . 1969; pnor code 133.S13(A)). 19.44.020 Permi1:IecIIIMI. Permitted uses in an I.L zone are u follows: A. Manuf.ctUring. printin&, assembling. ,...casing, repairini, bot11iDg, or pacbJinl of products from previously prepared m.terials, not indudini any prohibited use in Ibis zone; B. ManufacturinJ of electrical 1M electronic instnIments, devices and COIDpoDtntsi C. Wholesale businesses, Itofale and warehousinl; D. l.aboratories: resurch. __iwmtal, JiIm, eledr'CIDic 1111111eItizII; !. TNck, U'ailer. mobDe home, boat md farm implement Illes establj.It"'eJItI; F. Public and private i>uDdina material Illes ,.,.. aervice ,.,.. ItOI'IP ,.,.. and equipment rental; G. Minor auto repair; 1219 (ll 3/93) H. r wnclries, laundry service, dyeing and cleaning plants, except lIrIe scale operations; , I. Car washing establishments subject to the provisions of Section 19.58.060; J. Plumbing md heating shops; K. iXtenninating services; L. ADiIDaI hospitals md veterinarians, subject to the provisions of Section 19.58.050; M. ~e 1D&I\ufactUre of food products, drup, pharmaceuticals and the 1i1<e, excluding those In Section 19.44.050 of this chapter; N. Electricalsubsutions and ps regulator stations, subject to the provisions of Section 19.58.140; o. Tempot'UY tract sism. subject to the provisions of Section 19.58.320 and Section 19.60.470;* P. Any other limited manufactUred use which is 4etermined by the commission to be of the same general character as the above uses; Q. Agriculturl1 uses as provided in Section 19.16,030. (Ord. 1356 i1 (part), 1971; Ord. 1281 51 (part), 1970; Ord, 1212 51 (part), 1969; prior co4e 133.513(B)). 19.44.030 Iv.. ary _ md builcI.iDgs, Accessory uses permitted in an I.L zone include: A Mministrative, executive and financial offices and inci4ental services, such u restaurants to Ml'Ve .mployees, when conducted on the premises; B. Other accessory uses and buildinp customarily appurtenant to a permitted use; C. Jletail sales of products produced md mmufactUred on the site; D. Caretaker house, E. Satellite dish antenna are permitted in accoNmce with the provisions of Section 19.22.03OF.1.911 through 13. (Ore! 2160 11 (part), 1986; Ore! 2108 11 (part), 1985; 0rcL 128111 (part). 1970; 0rcL 1212 11 (part), 1969; prior co4e 133.513(C)). . *Wtot'. DOte: 'Ibis section amended to confotD1 with pnivisions of Ord. 1575. 1974. 19.44.D40 0-1-.' -- Conditiona\1IHS permitted In an r.L zone Inclu4e: A Machine shop and sheet metal shop; ~ 3193) 1220 B. Service stations. subject to Ibe conditions in Section 19.58.280; C. Steel labrication; . D. Restaurants. delicatessens and simiiar uses; E. DriYe-in Ibeaten, subject to Ibe conditions of Section 19.58.120; P.. Major auto repair. engine rebuilding and paint abops; G. Commercial paridn& lots and prqes; H. Plastic and other synthetics manufactUring; I. Building beights uceeding three and one-half atones or tony-five feet; J. Unclassified uses as set forth in O\apter 19.54; JC. Trucking yards, terminals and distributing operations; L. The retail sale of such bulky items as furniture, carpets and other simiiar items; M. IletaD distn'bution centers and manufacturers' outlets which require Gtenalve floor areas for Ibe storage ~d display of merchandise, and the high.volume. warehouse-type sale of pels and, retail uses which are reiated to and supportive of uisting, on.site retai1 distribution centers of znanufactUrus' outlets, Conditional use permit applications for the earabliabment of retail commercial uses, covered by the ptovisions of this subsection, aba1I be considered by me city council subsequent to its receipt of recommendations thereon from the planning commission. N. Roof.mounted satellite disbes subject to die IWldards set forth in Section 19.30.040. o. Ilecycling collection centers. subject to Ibe provisions of Section 19.58.340. P. Hazardous waste facilities. subject to the provisions of Section 19.58.178. . (Ord. 254214. 1993; Ord. 2252 110; 1988; Ord. 2233110,1987; Ord. 2160 11 (part),1986; Ord. 210811 (part), 1985; Ord. 2031 11 (part), 1983; Ord. 192711. 1980; Ord. 1698 11 (part), 1976; Ord. 135611 (part). 1971; Ord. 128111 (part). 1970; Ord. U1211 (part). 1969; prior code 133.513(D)). 19.44.050 Ptohib~ _ ad "'1 C I -11' PtohI'bited uses In an I-L _ Include: A. ManufactUring uses and procesaea involvinl die primary prvduction of ptoehacts from raw _teriala. including the foUciwinl _teriab and uses: 1. AlplWt, cement, cIwcoal and fuel briquettes. 2. Rubber, chemical and allied products, cd -p cd deterlents. 3. Coal. Coke and tar products.lbe manufacturing of aplOlIves. fertilizerS. aelatin, animal slue cd .ize, 1221 0l3l93) .' 4. Turpentine, matches, paint md other combustible materials, 5. Stockyarcls, slaughterhouses md rendering plmts, 6. The stOrage of fireworks or explosives, 7. Industrial metal, waste rag, glass or paper Alvage operaticms and slas pDes. a. fish, sauerkraut, vinegar and .imilar uses, 9. Brewing or cIistil1ing of liquon or perfume manufact1.lrini; B. The foUowing processes: Nitrating of conon or other materials; foundries; ,eduction, refining, smelting, Illoying, roUing. drawing md UInlding of metal or metal ores; refining of petroleum products; distillation of wood or bones; storage, curing or tanning of raw, pen or Alted bides or akins; md srain milling; C. Any other use which is determined by the commission to be of the general character as the above uses. (Orel. 1281 i1 (part), 1970; Ord. 121211 (part), 1969; prior code 133.513(E)). 19.44.060 Sip regulations. See Sections 19.60.020 md 19.60.030 for permit requirement and approval procedure. A. Types of ligns Illowed: Business (will mellor marquee md a freemnding .ign) subject to the . following: 1. Wall anellor marquee: Each business sh.ll be ulowed a combined .ign area of one square foot per lineal foot of building frontage facing a dedicated .treet or Illey. bowever, the sign area may be increased to a muimum of three square feet per lineu foot of buDding frontage provided that the .ign does not exceed fifty percent of the background area on which the .ign is applied as set forth in Section 19.60.250. . Each business .hall .Iso be Illowed .igns facing on-aite parking areas for fiw can or more and walkways ten feet or more in width. Such.\iN.hall be Illoweclm area of one square foot per lineal foot of buDding frontage facing said area; bowever, the aru may be iDcreaIed to two square feet per lineal foot of building frontage provided that the .ien 41_ Dot _ed fifty percent of the background aru on which the .ien is applied as Nt forth in Section 19.60.250. .1'he maximum .!pI Ifta shall Dot weed one hundred square feet; 2. freestanclini (pole): Each lot ~ be allowed one freemndinl alp subject to the foUow!DI: L Signs are natrlcted to thOle lots bmng a minimum froMaIe of one bunclrecl feet on a dedicatee! street. In the case of comer loa only one troDtqe sba11 be COUDtecI, b. The siJn may contain one square foot of aru for IIch JiDea\ fqot of street troDtqe but sba11 Dot exceed one bunclrecl fifty .quare feeL In the case of comer 1011 or IbrouIh lOll, only \:he frontage the siJn is oriented to sba11 be _ted rowarcI tbe Illowable sign .... c. Muimum beilbt, tbirtY.fiw feet. II. Minimum ground dearance, eiIht feet, ;- U22 e. The sign shall not be permitted to project into the public right-of.way, f. The sign shall maintain a twenty.foot Rtback from all interior property lines, I. Freestanding pole signs less than eight feet in height are restricted to a maximum .Ign area of twelve .quare feet IIId shall maintain a minimum setback of five feet from all streets, h. Only the name of the complex IIId four tenant signs, or a tota! of five tenant signs may be displayed on the sign. Where the pole .ign is used to identify the name of the complex or the major tenant, the .ign .hall be designed to identify all proposed tenants up to the maximum number allowed herein. The minimum .ign area aliocated for each tenant shall be not less than ten square feet; 3. Ground (monument): A low.profile ground .ign may be used in lieu of a freestanding pole .ign. The .ign .hall be subject to the following: a, Maximum height, eight feet, b. Maximum sign area, fifty square feet, c. The sign shall maintain a minimum .etback of five feet from all streets Uld ten feet !'rom all interior property lines, . d. The .ign strUcture shall be designed to be architecturally compau'ble with the main building IIId constrUcted with the .ame or .imilar materials. Where the pole sign is used to identify the name of the complex or the major tenant, the .ign shall be designed to Identify all proposed tenants up to the maximum number allowed herein. The minimum .ign area allocated for each tenUIt .hall be not less than ten .quare feet, B. Other .igns: See Chapter 19,60 for window (Section 19.60.270); cUlopy (Section 19.60.280): temporary constrUction (Section 19.60.290); public IIId quasi.public (Section 19.60.310); drive.in theater marquee (Section 19.60.320); directional (Section 19.60.340); warning and instrUctional (Section 19.60.350); servlcestation price signs (Section 19.60.360); directory (Section 19.60.370); real estate (Section 19.60.380); unclassified uses (Section 19.60.400); signs on mansard roofs (Section 19,60.410); signs on pitched roofs (Section 19.60.420); business (Section 19.60.430); IIId .igns on architectural appendages (Section 19.60.440); 1. Signs on screening walls or fences: In lieu of a freeatandinl.ign, a.ign may be applied to a wall or fence used for screening of parkinl areu. The .ign shall be aubject to the following: a. The .ign may only denote the name of the principal business or the name of the commercial complex. . b. Maximum .ign area, IWe1Ity.five square feet. C. Other regulations: AlI.igns are aubjec:t to the regulations of Sections 19.60.040 through 19.60.130 and the IWIdards of Sections 19.60.140 throuIh 19.60.210. D. Nonconforming.igns: See Sections 19.60.090 through '19.60.120. .. , 1223 (Jl12191) , E. The design review committee may reduce sign areas below mose aumorized above based on me sign CUidelines and criteria contained in me design manual. (Ord. 2309A 112. 1989; Ord. 1575 11 (pan), 1974; 0rcI. 1356 11 (pan), 1971; Ord. 1281 11 (pan), 1970; Ord, 1212 11 (pan), 1969; prior code 133,513(F)). 19.44.070 Heilht ftIUl&tions. No building or strUcture shall exceed three and one.half stories or forty.five feet except mat any building or Sll'UctUTe erected to such a height or less mat would be detrimental, in me opinion of me commission, to me light, air or privacy of any omer strUcture or \lie, uisting or reasonal}ly to be anticipated, may be reduced. Exceptions are provided in Section 19.16.040. (Ord.135611 (pan), 1971; Ord,128111 (pan), 1970; 0rcI.121211 (pan),1969; prior code 133.513(G)). 19.44.080 Area, lot coverage and yard requirements. The following minimum requirements shall be observed, except as provided in Sections 19.16.020 and 19.16.060 through 19.16.080 and where increased for conditional \lies: Setbacks in Feet Lot Area (Sq,FL) 10,000 Lot Cover1lge (Mu.~) 50 Buildings Signs Front 20. o Ezterior Side Yard 15. o Side 00. Rear 0.. .or not less man mat specified on the building line map which takes precedence shall be provided and maintained. (See Sections 19.44.090 through 19.44..180 of mis chapter for omer required setbacks.) ..except when adjoining an R or A 2.one, or areas designated for future residential or agricultural development on the Chula Vista general plan, then not less man fifty feet, . (Ord.135611 (pan),1971; Ord. 128111 (pan), 1970; Ord. 121211 (pan), 1969; prior code 133.513(H)). 19.44.090 Performance standards. All \lies permitted by this tide shall be subject CD initial and continued compliance with the performance standards in Chapter 19.66. (Ord.1281 11 (part), 1970; Ord.121211 (pan), 1969; priorcode 133,5130)(1)). 19.44.100 Fuel restrictions. . Manufacturing and indUstrial processes in an J.L lOIIe shall use only las or e\ectridty as a fuel; provided however, that oil burning equipment may be installed for standby puIPDHS only. (Ord. 128111 (pan), 1970; Ord. 121211 (pan), 1969; prior code 133.5130)(2)). .. (R 12/91) 1224 , 19.44.110 Setbacks from residential or asricu1turallOne-Loadin& facilities. '" In any I.L zone directly across the l1reet from any R or A lOne. or areas designated for future residential or agricultural development on the general plan, the loading facilities and .tNctures shall be a distance oht least thirty feet from said l1reet. (Ord. 128111 (pan). 1970; Ore!. 121211 (pan). 1969; prior code 133.513(1)(3)). 19.44.120 Landscaping. The site shall be landscaped in conformance with the landscaping manual of the city, and approved by the planning department. (Ord.1281 11 (pan). 1970; Ord. 1212 11 (pan). 1969; prior code 133.5130)(4)). 19.44.130 Site plan and architecrural .pp.u...1. Site plan and architectural approval nquired for all uses In an I.L zone, as provided in Sections 19.14.420 through 19.14.480, (Ord. 1281 11 (pan). 1970; Ord, 1212 11 (pan), 1969; prior code 133.513(1) (5)). 19.44.140 Off-street parldng and loading facilities. Off.street parking and loading facilities are required for all uses In an I.L lOne, as provided in Sections 19.62.010 through 19,62.140. (Ord. 135611 (pan). 1971; Ord,128111 (pan). 1970; Ord.1212 U (pan). 1969; prior code 133.5130)(6)). , 19.44.150 Outdoor stonge. Outdoor storage and sales yards In an I.L lOne shall be completely enclosed by solid walls, fences. buildings, or a combination thereof. not less than six feet In height, No merchandise, materials, equipment or other goods sha!] be stored or displayed higher than the enclosing fence. For other fencing requirements. see Section 19.58.150. (Ord. 1356 11 (pan), 1971; Ord. 1281 11 (part), 1970; Ord. 1212 11 (pan), 1969; prior code 133.513(1)(6)). 19.44.160 Tnsh storage areas. Tnsh storage In an l-L lOne shall be subject to the provisions of Section 19.58.340. (Ord. 135611 (pan), 1971; Ord. 128111 (pan), 1970; Old. 121211 (pan), 1969; prior code 133.5130)(7)). . 19.44.170 Enclosures required for aD "IS b-eplicms. All uses In an I.L lOne, except Ales ,vds. service ,vds. storage ,vds and loading and equipment rental, .hall be conducted entirely within an enclosed buDding. (Ord. 135611 (pan), 1971; Ord. 128111 (pan), 1970; Ord. 121211 (pan). 1969; prior code 133.5130)(9)). .~ 1225 (Ill2191) '. 19.44.180 Wall requirements. r' Zoning wa11s shall be provided in an ).L 1one, subject to the conditions of Sections 19.58.150 and 19.58.360. (Ord. 135611 (pan), 1971; Ord, 1281 U (pan), 1970; Ord, 1212 11 (pan), 1969; prior code 133.513(1)(10)). ) . ) (II. 12/91) 1226 I ZONE PROVISIONS (CVMC 19.46) Qapbs' i9.46 J.GENERAL INDUSTRlAI. ZONE Sections: 19.46.010 Purpose. 19.46.020 Permittee!-. 19.46.030 NceslJjry uses _ buildmp 19.46.040 o-nitiriom) uses. 19.46.041 Prohibitecluses.- pR er 19.46.050 Sip1 rq'lIariODS, 19.46.060 Jiei&ht rq'.lari""" 19.46.070 Aru,1ot -. .-,.nI ~__ "a 19.46.080 Performmce .....-w. 19.46.090 Site plan IIDd .m-~wra1 ~. 19.46.100 0Ir-stteet pctiDg _loading facilities. 19.46.110 $eIbacks from r-lA-rial _ qricultunl ~ fadIiIies. 19.46.120 Landscaping. 19.46.130 Outdoor storage. 19.46.140 Trash storage areas. 19.46.150 Wall requiremerIb. 19.46.010 Purpose. The purpose of the I zone is to encourage lound industrial development by providing md protecting m environment exclusively for such development, subject to regulations necessary to insure the purity of the airs and waters in Chuia Vista md Sm Diego County. and the protection of nearby residential. commercial md industtiaJ uses of the Imd from hazards md noise or other cliltmbances. (Ord. 1281 11 (part). 1970; Ord. 1212 i1 (pan). 1969; prior code 133.S14(A)). 19.46.020 Permittecluses. Permitted uses in ml zone are u follows: A. Any manllfact\lring, processing, _bling, TeIUrch. wholesale. or stonge uses acept u hereinafter moclifiecl; B. Automobile and metal appliance manuf'act\lring ancI _bly, saucNraI stftI fabricating shops. machine shops; c. Briclt or pottery manuf'actUrinJ; stOne or monument WOIb; D. Truc:kini yards. tenninab. IIDd cIiItributin& operalions; Eo Elec:aiwgeneratin& plmD md lique5ee!aatunl lIS p\anIJ; P. Temporary tract 1isDS. subject to the provisions of Sections 19.58.320 and Section 19.60.470;* 1227 (R 3/93) . G. Any other use which is determined by the commission to be of the AIIle leneral character as the above _. (Ord. 206411 (pan), 1984; Ord. 136111, 1971; Ord.135611 (pan),1971; Ord.128111 (pan), 1970; Ord. 121211 (part), 1969; prior code 133.514(8)). " 19.46.030 1u.-f1lJ- aDd builcIinp. kcaJO'l'f \IRS in an IlDne include: A. AdminisUative, aec:utive and financial offices, and incidental HI'Vices, such as restaurants to eave cnployees, when conducted on premises; B. Other accessory uses and buildings customarily appurtenant to a permitted use; C. Retail sale of products produced and manufactUrCd on the site; D. Caretaker house. E.. Satellite dish antenna are permined in accordance with the provisions of Section 19.22.03OF.1.9 11 through 13. (Ord. 2160 11 (pan), 1986; Ord. 2108 11 (part), 1985; Ord. 128111 (part), 1970; Ord. 1212 11 (part), 1969; prior code 133.514(C)). 19.46.040 ('.-d1Mn21 _. Condition&! uses in an I district include: A. Motels; B. Restaurants; C. SerYice stations, subject to the provisions of Sections 19.58.280; D. The ntail sale of such bulky items as furniture, carpets and other similar items; E.. Retail dimibution centers and manufactUrCn' outlets which require atensive Boor areas for the Itorase and display of merchandise, and the high-volume, warehouse-type sale of pods and, retail \IRS which are related to, and supportive of aisting, on.site ntail distribution centers or manufacturen' outlets. Condition&! use permit applications for the establishment of ntail cOlIIIDerdaI \IRS, coverec1 by the provisions of this subsection, .hIll be considered by the city council subsequent to its receipt of recollllDendations thereon from the planning commission; P. The following _ covered by this subsection, s1Wl be considered by the city council subsequent to its receipt of recommendations thereon from the plannin& commission: 1. BRwinJ or cIistil1ing of liquor, or pafume manufactUrC, 2. Meat packing, 01.3193) 1228- 3. Larle lC81e ".."\';"1, ~.";"I _d dyeiDI establisbments, -t. biIroad yuds _d (nipt 1tali000, 5. PClrJes _d foundries, 6. AutCllllobi)e salvqe _d wrec:kiDI operaDODS, _d iDdustrialmeta1_d waste l1li, sJ- or paper lalvale opentioDS: pro~cIed, chat all operatiODS 1ft cooduc:ted wilhiD a solid IaHD Dot less than .qht feet bizh, ...d that ..c.ria1s Itomllft Dot piled qber dIaD Did 1aHD; G. ADy other ale which is detamiDed by die __illiOll 10 be of die _e pun1 c:baracter as die Uove uses; H. UDcDssified ues. as provided iD CIapter 19.54. L Roof-mOllDted uteWte dishes aulJ;ect 10 the _duds Nt fcrth iD Section 19.30.040. J. Jtecyc:linl collection c:mters. subject 10 die ~ of Section 19.58.340. " It Hazardous waste facilities, subject 10 die provisioDS of Section 19.58.178 L. Auctions ohebicles, heavy mac:hinery _d equipment. subject 10 die provisioDS of Section 19.58.055, ...d only where the "P' Precise PlaD modifier Iw been applied 10 die J . GeDen11Dd1lSlrial Zone. ~~~~~~~~~~m~~~m~~~P~ 1986; Orcl 2108 11 (pan), 1985: Ord. 2064 11 (part), 1984; Orcl 203111 (part), 1983: ~ 192712- 1980; Orcl1698 11 (pan), 1976: Orcl135611 (part), 1971; Orcl 1281 11 (part), 1970: ~ 1212 11 (part), 1969: prior code 133.S14(D)). 19.46.041 Prohibited uses and pro .. Prohibited uses ill die J zooe iDdude: A. ADy of the foUowiDlmlU1ufactUriDl uses, iDwlviDJ primary production of the foIIowiDl products from OW material, such as: 1. Asphalt, c:eIIIeJlt. cbIrcoal_d fuel briquettes: 2. Aniline dyes, _mODi.. ccilide, caustic socia. cellulose. cb1oriDe, -- b1acIr. _d boDe black, creosote, hyclroaeJI ...d ozyJeD, iDdustrial alcoho1, Diaates of... uplosiYe natUre. powh, ptastic materials _d I)'IIthetic raiDS, pyroxyIiD. l1I)'OII yartI. _d hydrochloric. Diule. pbOlphoric. picric _d sulphuric acids; 3. Coal. coke _d tar produ$, m_ufacturiDI of explosives, fertili&en, 1e1atiD. aDimal zlae ...d size; -t. TwpentiDe, matches. paint; 5. Ilubber _d soaps; 6. GniD mUliDl; . , 1229 (Jl3l94) . 7. 1be following pro es: Diu-ling of cotton or odIer materials; masnesium foundry; recluelioD, reliDing. lIDelling and alloying of metal or metal ores; products IUm as psotine, kerosene, aaphtba, lubricalins oil; disUllauon of wood or boDes; atorqe, cariD& or ......I... of raw, peeD or salted hides or skiDs; 8. $toc:kyards and I1auIhterbouses, ucepc .. allowed .1Hwbere ill dais tide, and IIq piles; and 9. SIorqe of fj,..wudls or ap1osives. acepC when ....."-w to a permitted ue. (0reL 206412. 19&4). 19.46.050 Sip .411.01_ See $ecliollS 19.60.020 and 19.60.030 for pmDit fto&~.....mt and -wo;ml procedure. A. Types of sips allowed: Business (wall aneVor marquee and a "eelU~,!I"1 sip) IUbject to die following: " 1, wall ueVor marquee: Each business shaD be allowed a combined AP - of ODe IqUIIR foot per tineal foot of building frontage facing a declic:ated l!reet or alley; howewr,dle sip area may be iIIcreased to a maximum of three square feet per tineal foot of building frontqe provided die AP does not exceed fifty percent of the background _ OD whim die sip is applied as let forth in Seelion 19.60.250. . Each business lhall also be allowed siJDS facinS on-site pukiIIJ .... for five can or more and walkways ten feet or more in width. Such sips shaD be allowed an area of ODe square foot per tineal foot of building frontage facing said area; howewr, die - may be iIIcreasecI to twO squl1'e feet per tineal foot of building frontqe provided die sip does Dot exceed fifty percent of the backJ1'OUDd l1'ea on whim the sip is applied as let forth in $eclion 19.60.250. 1be lIIaximum sip area shaD not exceed one hundred square feet; 2. freestanding (pole): Each lot shaD be allowed ODe fll I J',...tl... sip IUbject to die following: L SiJDS are restricted to diose loti haviDl a minimum frontqe of ODe hundred feet OD a dedicated l!reet. In the case of i:omer lots only ODe frontqe shaD be _ted, b. 1be liJD may contain one square foot of area for eadllineal foot of saeet froatqe but shaD not exceed one hundred fifty IqUllRfeet. III die case of comer lots or 1broup lots. only the frontase the AP is oriented to shall be _ted IDWl1'd the allowable sip area. Co Maximum height, dIiny.five feet, d. MinilDUIII puwld c:learaDce. eiJht feet, .. 1be AP shaD Dot be permlaed to project !lito die public JiPt-of.way, f. 1be sip shall maiDtain a twenty.root .-b-"Ir from aD !llteri<< pI'OpeftY u-. I. freestaDdinl pole siJDS less dIaD eisht feet In heilht are restricted to a maximUIII lip area of twelve square feet and sha1I maiDtain a minimum setback of five feet from all saeets, ; (R 3194) 1230 . h. 0IIJy the Dame of the complex md four _t lips, or a tobl! of five _t lips, may be displayed 011 the sip1. Where the pole sip1 is used to identify the Dame of the compla or the major _t, the sip1 aba11 be desip1ed to identify all proposed _tI up to the maximum Dumber allowed therein. 'lbe minimum sip1_ allocated for each_t aba11 be Dot less dIaD leD IqtIAR feet; 3. GfouDd (mOllumtllt): A Iow-profile ptIIIDd sip1 may be used in lieu oIa &.. r-......'Ia pole sip1. 'lbe sip1 aba11 be ItIbject to the foIlawiq: L Maximum height, .qht feet, II. Maximum sip1 .... fifty IqtIAR feet, Co 'lbe sip1 aba11 maintain a abWDum Mtbadt of five feet &am aU IU'Mtlmd leD feet from all interior f)toperty liues. cL 'lbe sip1 J1nIcture aba11 be desip1ed to be architedlU'a1ly compatible with the main builcIin& aDd CODStI'IIded with the _e or IimiIar materials. " B. Other sip1s: See O1apter 19.60 for the foUowina sip1s: window (SecliOllI9.6O.210); catlop)' (SecliOll 19.60.280); temporaryCOllStrUctiOll (Seclion 19.60.290); public aDd quasi-public (Seclion 19.60.310); directional (SecliOD 19.60.340); wamina aDd instructional (Seclion 19.60.350); unice nation price lips (SecliOD 19.60.360); directory (Seclion 19.60.310); nal estate (Seclion 19.60.380); IIDdasslfied uses (Seclion 19.60.400); sip1s OD musard roofs (Seclion 19.60.410); sip1s 011 pitched 100& (SecliOD 19.60.420); busiDess (Seclion 19.60.430); aDd sip on architeettanl appendqes (Seclioo19.6O.440); C. Other regulations: All signs are ItIbjec:t to the regulations of Seclions 19.60.040 1broqh 19.60.130 and the standards of Sections 19.60.140 throuSh 19.60.210. D. NOIIconformins signs: See Sedions 19.60.090 throuSh 19.60.120. Eo 'lbe desip1 review _inee may reduce sip1 areas below those authorized above IIased on the sip1 pidelines md criteria contained in the desip1 manual, (Ord. 2309A 113, 1989; Orc!. 1515 11 (part), 1974; Ord. 1356 11 (part), 1911; Ord. 1281 11 (part). 1910; Orc!. 121211 (part). 1969; prior code 133.514(E)). 19.46.060 H~ AI'.1....... Within two hundred feet of aDY R zooe or A zooe desipuated for future mideotial use ill die seon plan, DO J1nIcture aba11 aceed three stories or fifty feet in heiSht; otherwile, DO INilclin& or J1nIcture aba11 be erected to 1IIc:h a heilht that it would be deaUnmtal, in the opinion of die -",iulOII, to die lisht, air or privac:y of any odler strUcture or use, aistiDl or reuoubly to be aDtic:ipated. for odler requirellltlltI .. SectioD 19.16.040, (Ord. 128111 {part), 1910; Ord. U1211 (pan). 1969; prior cocIe 133.514(F)). 19.46.070 Ana.1at cuvenp ... :pnI..,~-- 'lbe minimum lot area required aba11 be one of die followinl for 1his _e dasslficatiOD . desipuated on the zonins map. except u pro~cled in Sections 19.16.020 and 19.60.060 throup 19.16.080 aDd wher'e iDaeased for conditiODal uses: 1231 (11.3194) ~iIIP_ MiDim_ !.at Area (Sq, Pt.) 20.000 fnmt BuilcIinss 25* Sip 0 E:I:IBior Side Yd Buildings 15 * Sips 0 !Rea' o Side -0 feet, ucept Well IIdjoilliDa _ R _e or A _e, lIelipated for future lIevelopmellt ill the OIula VISta Belin pIUI, thell Dot less than fifty feet *c. Dot leu than that specified on the buildina line map sbaII be proWled and maintained. 'I1Ie Mtback nquiremelllJ IIhowD on the lIdopted builctiDa IiDe map for OIula Vasta sbaII rake ~ .,.. the lelbacb I~.med ill the &CIIIIDI clistriCL NarE.: Pc. other lelback requiremenlJ see Sec:lioDlI9.46.080 tbroush 19.46.150 oftbis chapter. (Orcl.13S611 (part). 1971; Orcl. 128111 (part), 1970; Orcl. 121211 (part), 1969; prior code 133.514(G)). , I 19.46.080 JIb".,,- ..-A-ds. All tiles ill an I ZODe shall be subject to iDiIial and CODliDued compliance with the pedormance mnclards ill OIapter 19.66, (Ord. 1281 11 (pan), 1970; Orcl. 1212 11 (pan), 1969; prior code 133.514(H)(1)). 19.46.090 Site plan ... ardJio--.J _v..J. Site plan and architec:tUral approval are required for all uses ill an I _e, as provided ill Sec:lioDl 19.14.420 tbrouBh 19.14.480, (Ord. 1281 11 (pan), 1970; Orcl. 1212 11 (part). 1969; pric. code 133.514(H)(2)). 19.46.100 otr-street pmtiD& mil IoactiDa 1Kilities. Off.street parking and loading facilities are required for all uses in an I zone, as provided ill Sec:liODl 19.62.010 through 19.62.140. (Ord, 135611 (pan). 1971; Orcl. 128111 (pan), 1970; Orcl. UU 11 (pan). 1969; prior code 133.514(H)(3)). 19.46.110 SetbMD fna rwI"-daI << qriaaItaraI..-- ~I r-a.- In any I _e directly across the street from any R _e or A _e lIesipated for ntidelltia1 use In the Belin plan. the loading facilities shaD be aWlt at least thirty feet from said street, and the strUctUreS at least fifty feet from said streeL (Ord. U8111 (pan), 1970; Orcl. 1212 11 (pan). 1969; prior code 133.514(H)(4)). 19.46.UO I_~. The site sbaII be landscaped ill eonformanc:e with the landscapins manual of the city, IIDd _v~..cI by the director of planning. (Oni. 135611 (pan). 1971; Orcl. 128111 (pan). 1970; Orcl. U1211 (pan). 1969; prior code 133.514(H)(5)). (R 3194) 1232 . 19.46.130 Outdoor storage. Outdoor storage or sales yards in 8Il1 zone visible from 8IlY public right-of.way shall be completely enclosed by solid walls, fences, buildings or combinations thereof, not less th8II six feet in height. No merchandise, materials, equipment or other JOOds shall be stored or elisplayed higher than the enclosing fence. For other fencing requirements see Section 19.58.150. (Ord. 1356 fj1 (pan), 1971; Ord. 1281 fj1 (pan), 1970; Orc!. 1212 fj1 (pan), 1969; prior c:ocIe fj33.514(H)(6)). 19.46.140 Tnsh IbII'qe areas. Trash storage areas in 8Il1 zone are subject to the provisions of Sections 19.58.340. (Ore\. 1356 11 (pan). 1971; Ord. 128111 (pan), 1970; Ore\. 121211 (part), 1969; prior code 133.514(H)(7)). 19.46.150 Wall requirements. Zoning walls shall be provided in 8II I zone, subject to 'the conditions of Sections 19.58.150 and 19.58.360. (Ord. 1356!i1 (part), 1971; Ord. 1281 11 (part), 1970; Ord. 121211 (pan), 1969; prior code 133.514(H)(8)): . . 1233 (R 12/91) UNCLASSIFIED USES (CVMC 19.54) a.apter 19.54 UNCLASSIFIED USES Sections: 19.54.010 Authorized When-Pwpose of review. 19.54.020 Designated-Limitations and stanclarcls. 19.54.030 Yard requirements. 19.54.040 Height regulations. 19.54,050 Off-street parking and loading facilities. 19.54.060 Site plan and architec:turaI approval. 19,54.010 Authorized wben-Pwpose of review. A. All of the following, and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special fonn as to make impractical their being included automatically in any classes of use as set forth in the various zones herein defined, and the authority for the location and operation thereof shall be subject to review and the issuance of a conditional use pennit; provided, however, that conditional use penn its may not be granted for a use in a zone in which it is specifically excluded by the provisions of this title. B. The purpose of this review shall be to detennine that the characteristics of such use shall not be incompatible with the type of uses pennitted in surrounding areas and for the further purpose of stipulating such conditions as may reasonably assure that the basic purposes of this title shall be served, Factors to be considered and the manner in which conditional use applications are to be processed shall be as set forth in Sections 19.14.060 et seq. of this title. (Ord. 1281 ~2 (part), 1970; Ord. 1212 ~1 (part), 1969; prior code ~33.535(part)), 19.54.020 Designated-Limitations and standards, The following uses may be considered for location in any zone, subject to the provisions set forth herein, and additional conditions set forth in Chapter 19.58 (references indicated for uses): A. Borrow pits and quarries for rock, sand and gravel; B. Campgrounds: See Section 19,58.040; C. Cemeteries: See Section 19.58.080; D. Colleges, universities, private schools, elemental)' and secondal)' public schools; E, Columbariums, crematoriums and mausoleums, provided that these uses are specifically excluded from aU R zones unless inside of a cemetery: See Section 19.58.080; F, Churches: See Section 19.58.110; G. Dumps, public or private; H, Hospitals, including, but not limited to, emergency, general, convalescent, rest homes, nursing homes (for the aged, crippled, mentally retarded of all ages), psychiatric, etc.: See Section 19.58.110. 1251 (R 12/91) Funher, that approval shall not be granted until the following findings can be made (homes for mentally ntarded children): 1. The size of the parcel to be used shall provide adequate light and air in proponion to the number of residents, 2, The location of windows and open play areas shall be so situated as to not adversely impact adjoining uses, 3. Spacing between these facilities shall be such that the character of the neighborhood is not affected by the grouping of these homes; 1. Mortuaries: See Section 19.58.080; J. Establishments or enterprises involving large assemblages of people or automobiles, as follows, provided that these uses shall be deemed to be generally undesirable in the R zones: 1. Airpons and helipons: See Section 19.58.180, 2. Amusement parks and amusement enterprises: See Section 19,58.040, 3, Arenas: See Section 19,58,040, 4. Fairgrounds: See Section 19.58.040, 5. Museums, 6. Open air theaters, except drive.in theaters: See Section 19.58.1208, ) 7. Race tracks and rodeos: See Section 19.58.040, 8, Recreational centers, commercially operated: See Section 19.58.040, 9. Stadiums, 10. Shooting clubs: See Section 19.58.200, 11. Ambulance service (excluded from all residential zones unless located within a hospital complex); K. Golf courses: See Section 19.58.090; L. Passenger stations for rail or bus travel; M. Public and quasi.public uses; N. Radio or television transmitters; O. Trailers (commercial coaches): See Section 19.58.330; p, Senior housing developments: See Section 19.58.390. Q. Recreational vehicle storage yards: See Section 19.58.400. J (R 12/91) 1252 R. Offsite advertising signs: See Section 19,58.225. S. Water disaibution facilities: See Section 19,58.420. Conditional use penn it applications for the uses listed in this section except campgrounds, recreational vehicle storage yards, churches, amusement arcades and centers, trailers (commercial coaches), water distribution facilities and borrow pits of not more than two acres, shall be considered by the city council subsequent to its receipt of recommendations thereon from the planning commission. (Ord. 2449 U, 1991; Ord. 2296 fi6, 1989; Ord. 2169 U, 1986; Ord. 2075 fi3, 1984; Ord. 2054 U, 1983; Ord. 1878 fi2, 1979; Ord. 1711 U, 1976; Ord. 169711 (part), 1976; Ord 1626 U1, 2,1975; Ord. 1464 12, 1973; Ord. 145612,1973; Ord. 1356 U (part), 1971; Ord. 128112 (part), 1970; Ord. 124612,1969; Ord. 1232 fi2, 1969; Ord, 1212 U (part), 1969; prior code fi33,535(A)). 19.54,030 Yard requirements. The requirements for front, side, and rear yards applicable to the particular property and zone in which such use is proposed shall prevail unless, in the findings and conditions recited in the resolution dealing with each maner, specific exceptions, additions or modifications are made with respect thereto. (Ord. 1281 12 (part), 1970; Ord. 1212' U (part), 1969; prior code fi33.535(B)). 19.54.040 Height regulations, The requirements for building height limit appJicable to the particular property and zone in which such use is proposed shall prevail unless, in the findings and conditions recited in the resolution dealing with each maner, specific exceptions, additions or modifications are made with respect thereto, (Ord. 1281 fi2 (part), 1970; Ord, 1212 fi1 (part), 1969; prior code fi33.535(C)). 19,54,050 Off-street parking and loading facilities, Off,street parking and loading facilities for specific use proposed shall be determined by the planning commission in the event such requirements are not enumerated in Chapters 19.62.010 through 19.62.140. (Ord, 135611 (part), 1971; Ord, 1281 12 (part), 1970; Ord. 1212 U (part), 1969; prior code 133.535(D)). 19.54,060 Site plan and architectura1 approval. Site plan and architectural approval are required for all uses, as provided in Sections 19.14,420 through 19,14.480. (Ord. 1281 12 (part), 1970; Ord. 1212 U (part), 1969; prior code 133.535(E)). ~ 1253 (R 12/91) LAND USE CHART '- - - Conditional Uses Accessory Uses Permitted Uses Requiring City Council Approval LAND USE CHART C A X CC = - - - - USE unci A II-E R.' M R.s c.o c.a t;.Ij c.c COY CoT 11\ W- I Animal Specialty Farms X Animal Training X A A A Anawaring Salvica X X X X X Antiqu. SltOpl X X X X X Apartmtnta X C C Apiariel (Bet Firm) X Apothecarial (Sea Pharmacy) X X X X X Appara! StO,.1 (See Clothing) X X X C X Applianca, Mlg and Anembly X X Applianca R'plir, Malor (SH PCM.76-1Z for Ult X X X limitations In tIIa CoN zona) (St. Elaclrical, Appliancal) Applianca Rapair, Minor (SH PCM-76-12lor Ult X X X X X limitations In the CoN zona) (St. Elaclrical, Appli.ncal) Applioncaa, RaItD, Major (SH PCM-76-12lor X X X ultllmilttionaln lilt CoN zona) (SH Electrical, Appliancaa) Appliancal, Ratan, Minor (Sat PCM-76.12 for X X X X Ult llmitltionaln tII. C-N zona) (SH Electrical, Applioncal) Arbortla (Horticultural Gard.n) C Archi_1 Equlpment.nd Suppliel C X X X X Arcllitactural Salvlcal X X X X X Ar.nal, Sporta CC Art Gallaritt C X X X X Art Schools, Commarcia' C X X X Artilts SlIIdio. C X X X X X Artil\l Suppllu . Malariall (Sat Party C X X X C X Suppliel) ArIa . CraIII Studiol C X X X Alphllt Paying Vardl X X Allrologilt (Sat U4.010) X X Page 2 wc,,....,.. -. ...,...,...) - - Conditional Uses Accessory Uses Permitted Uses Requiring City Council Approval LAND USE CHART C A X CC - - - - - - USE Unci A R-E fl.1 R-Z R.s CoO c.e ColI Co(; COY CoT WI W- I Asytums ee Athlotic Clubs CC Auction Rooms e Auctioning, Uvutock X Auclio.. (Vehlclu, HNvy Machinory, Ind e Equipment) (Muat blln 'P" Modifying District of '" Zolll Only) (SM18.58.D55) Auditing Slrviel X X X X X Automobile AcculOri.. Ind Porll (Now) X X X X Automobile Body Shop, e e Automobile Brlko Rlpelr Ind In'tlllation A X Automobile CIr Wash (SM19.58.060) (SH Clr e C c C X Wash) Automobile Club X X X X X X Automobile Dud Storlge (Tow4n) C X X Automobile Dotllling Shop X X Automobile ElOCVIc:l1 $Irvice (ignition) A X Automobile Engilll Rlbuilding e e Automobile GIIII Replacement X X Automobile, Mfg. (SM Trlnsporlltion) X Automobile Mufflers, Salo, . Instillation A e X A Automobile Pllnt Shop, e C Automobile Rentll e e X X Automobile RIpIk Shope (Major) C C Automobile Replk Shope (Minor) A e X Automobile SlIII (New) (SII18.58,070) X C Automobile Sllu (UIId) (ACCIIIOry to New A A Clr SlI.. Only) (SM19.58.070) Automobile SlI.. (UIId) (Prillllry UII) (511 C 18.58.070) Automobile SlrvICl Stltion ($1118.58.280) e C C C c e e e PIgI S MCf~'1J' ........"..1 - - Conditional Uses Accessory Uses Permitted Uses Requiring City Council Approval LAND USE CHART C A X CC - - = - - USE UncI A II-E fI.1 R-2 R4 ~ ColI c.H c.c COV CoT loR W. I Automobile S1ar\II . Generato! Shops X X Automobile Storage C X X AutomobileTlrl Delllrs A X Automobile Tlrl IIIcIpping . Retr..ding X X Automobile Towing Service (5" Towing) C X X Automobile Transmiulon Repair C C Automobile Upholstary Shop (Repair) C X Automobile Wrecking Vsrd (S.. Salvage' CC WrecklngXS.. 1U6.040.F6) Aviaries (Birds) X Awning Repair Shops X X Bail Bonding X X X X Bait. Tacklo Shopl X X X X Bakonel . Retail X X X X Blkeries . Wholesale C X Bakery Produc\l Mfg. C X Bankl X X X X X X Barber Shops (Mil. 2000 sq. Illn tha COV zone) A X X X X X Ba.. (Drinking PlICIs) X X C X Bath.. Turkish, Saunal X X A X Battery Reconditioning, Mfg. X X Baauty Schooll C X X X Baauty Selona (Max. 2000 Iq. flln A X X X X X CoVZo", Beer Barl X X C X Bibll Schooil (~ry u.. with I Church) X X X Blcycll Salls and Repair X X X X Billiard Parlors (5111..58.040) (511 Pool X C C X Roo",,) Bingo Parlor (Acclsaory U.. In III Zonel) wc,..................,...,.. .., p.. LAND USE CHART C = A = X = CC = Conditional Uses Accessory Uses Permitted Uses Requiring City Council Approval USE UncI A RoE 11-1 R-2 R-S ~ c.a CoN " COV CoT loll II. I Bird SanctulrlM (AvilrlM) X Birth Control Cllnico X X X X X Bllcklmith Shopl C X Blood Blnko X X X X Blulprinting ServiCII X X X X X Boarding Hou.. (2 pll'lOno max.) (Sol A A A 18.24.03OA) (Sol Rooming) Boarding Hou.. (3 to 10 porIOns) (Sol C 18.04.032 and Lodging Hou...) Boat Building X X Boat Dealers (Sail.) (SH 18.58.070) C X X BOlt Rantals (Sol 18.58.070) C X BOlt Vard, Storage Ind Rapair C C X Body Conditioning Clinic (SH Health Studios & X X X A X Waight Clinics) Body Painting Studio (SH 18.04.035 & X 18.58.024 Adult Entartainmant) Bond Ind Mortgego CompanlM X X X X X Book Storls (Naw) A X X X A X Book Stores (Secondhand) (Sol Secondhand X X X X Book Storll) Book Binding X Borrow Pill (OVI!' 2 Krill CC Borrow Pill (2 ecru or l1li) C Bollling (Soft Drink & Wltar) X X Bollling (W'UIII & liquor) C X X Boutiq_ X X X X Bowting Allayo (SM 18.58.040) C C C X Box Factory X X Browlng & DistlUlng, liquors CC Bricll Vlrds Mfg. X ~,~. aa.,..,,,"'. Paga 5 '\ LAND USE CHART C = A = X = CC = Conditional Uses Accessory Uses Permitted Uses Requiring City Council Approval USE UncI A R-E R-1 11-2 fI.I c.e c.8 c.II c.c COY CoT WI .... I Brick Yard. Salel X A Broadca.ting SlItiona, Radio & 1V C X X X Brokar. X X X X X Building Main_, Goneral X X X X X Building Malarial.. Sal.. & Storagl (New & C X U.ed) Building Malarial, Prefab Auembly X X Building Malarial, Mfg Prefab X Bu. Terminal (plu. IIoragl) CC Bu.i.... School. (SM School., Bulinl's) C X X X Caborlts (SMI8.58.024 & 18.04.047) X Cabinet Shop. X C X Cafes (c.N zone requir.. CUP lor 181t 01 C X X X X X C C alcoholic lleveragao consumed on prlmises) Call1ari.. A X X X X X A A A Camp. & Campground. C Candy Stora. A X X X A X A A Candy Mfg X X Cameril. CC Card Room. (SM Gambling Establi.hments) C C Carltsk.... HouII A A A Clrplllllr Shop. e X Carpel Cluning Pllnt (SM Rug Cluning) X Carpel $lor.., Rnll X X X X C C Carpel SlorM, Wholllllt X Carwlllt, Automobile (SMI'.58.C16O) (SM e e e e X Automobile) Ca_. (SM PCM-84-11or UII limllllion. In X X X X 1111 c.N zone) Cameol o.altrs, Ratan C X Camenl o.altrl, Wholelale X Page 6 1IfC'.....-.....,.....,...., , = Conditional Uses Accessory Uses Pennitted Uses Requiring City Council Approval LAND USE CHART C A X CC - - = - - USE UncI A II-E "'1 JI.2 M ~ c.8 C./I Co(; COV CoT WI W- I CemetAlri.. (including llaulOleuma) (S... CC 18.58.080) Ceramic Scllool C X X X Charm Scllool C X X X Chartar Service X X X X X Chock Ceshlng Agenel.. X X A X A X Chamiclls, Slorage (Non-hazardous) X X Child Day Cere Centers C C Chiropracto(s Office X X X X X Christmas Tr... Salll X X X X X X X Church.. (See 18.58.110) C Cigar' Cigarette SIDr.. A X X X A X CircuIIs, Cernlvlls, Flir Grounds (Permanent) CC Circuses, Cemlvlls, Fair Grounds (Temporary) C (S.. 19.14.030.1.4 . 19.58.042) Civic Auociationl CC Claaning . Dyeing Pllnts (Smallacall C X X oparationsln I-zone only) Claanlng . Dyeing Pllnts (lArge acsll CC oparationsln I-zone only) Clinico (Medical' Dentsl) X X X X X Clothing Rental X X X A X Ootlling Salli (New) X X X C X A A Clothing SIIII (UIId) C Clothing SIIII (Whollllla) X X Clothing Ind Textillllfg. X X CockIIII Lounge X X CA X Collage' Unlverallill CC Coin Shops X X X X Communication equipment Building (See CC 18.04.054) 'age 7 WC'~.""""'''I = Conditional Uses Accessory Uses Permitted Uses Requiring City Council Approvat LAND USE CHART C A X CC - - - - - - USE Unct II II-E fI.1 M fI.S ~ c-a ColI c.c c-v C-T WI II. I Conerlll . CllY Producll Mfg. X Concroll . Clay Producll Salla X Conatruction . Contractora equipment Saloa . C X Rlntal Contractor'a equipment Storage Yard C X Containera, Melli, Wood' Pap"r Mfg X X Conlractora.Bullding . Goneral Office X X X X A A Conval_t Hoapita! (S.. 19.58,110) CC Coamatic Stor.. X X X A X Coamatic . Tolllt Good. Mfg. X Collume Slorll X X X X Country Clube (Sol 19.58.090) CC Creamerll' X X X X Crlmelorio. (Saa 19.58.080) CC Crldlt Unions X X X X A A A Crop., F'lIld (Sol 19.04.062) X X Crop., F'lIId, Inllrim U.., Ponnitlld in III Zon.. (S..'9.'6.030) (Sat Agriculturl, Intarim) Curio Shop. X X X X X Currency ExchtngN X X X A X Dairi.. X Dairy Produc;II-R.lail X X X X X Dairy Producta . Mfg. X X X Danca HaU. (Sol 19.58.D40) C C C C Danca Halla (AduK Oriented) (Sol 19.04.0&3 . X 19.58.024) Dancing Studioa C X X X Dancing. Nighlduba X X C X Day Carl Cantara (AccaltOry UM willi I C C church) Ptgt . ..:,..... ....,.....,...-1 - - Conditional Uses Accessory Uses Permitted Uses Requiring City Council Approval LAND USE CHART C A X CC - - = - - USE IIncI A M R-1 ft,z ft.S CoO c.e c:.N c.c c-v c-T WI H- I Day Nureery School (Ac:ceuory usa with I e e church) Delica.....ns X X X " X e Dental eUnlc X X X X X Departmlnt SID,.. X X X X Diaper SllVIcI e X X DilCOth"'lu, (SIt (18.58.024) e e e e Distilltry X Dis1ribution Ctn18rl e X Dog Grooming Shops X X X " X Dog KtMlls (SIt 18.04.118' 18.58.190) (S.. e KtMlls . Anil11ll) Drifting Services X X X X X Drifting Supplies X X X X DrII11l Schools e X X X X Driv"'n Rts1aUllnta (SIt 18.58.120A) (SIt X X X X Rtstaullnts) Drive-In ThtIl8rs (SIt 18.40.030' 18.58.120B) e e (S.. Thtll8rs) Drug Plllphtmllil Shop (S.. 18.58.024) X Drugs, PhlnMctUticll Itc. Mfg. e e X Drug Sto,.. X X X X Dry ClNning-l Laundry (PIck.up Only) X X X A X Dry attnlng PIenta (Ugh\) X X X X Dry attning PIenta, lncIus1rial (Llrll' Scalt X X Optrttions In !-Zone Only) Dry Goods SID,.. X X X X Dumps CC Dupliclting Servlctt X X X X X X Dw.llings, Singl. Flmily X X X e Dwtllings, Two Flmlly (SIt 18.32.030G lor C-B X e e Zone) . '.8 WCF:IIOIE'fIUIIIJI....~"-1 = Conditional Uses Accessory Uses Pennitted Uses Requiring City Council Approval LAND USE CHART C A X CC - - - - - - USE UncI A M 11-1 M M CoO ~ ~ c.c COY CoT 11\ II. I Dwlllings, Three lit IIorl (See 18.32.030G flit e- X C C B Zolll) Dwelling, Groups (See 18.58.130) C C X EIec1ric81 Appliancll, Repllr, Major (5.. PCM- X X X 7&-12 lor u.. Umitotionsln thl c-N zone) (See Appliancll, EIectricII) Elec1ric81 Appliancll, Rlpllr, Minor (See PCM. X X X X X 76-12 foI UIIllmitotionsIn thl c-N ZOIll) (5.. ,. Appliances, Electricel) EIec1ric81 Appliances, Rltail, Major (5.. PCM- X X X 7&-12 lor UII imitations In thl c-N zone) (5.. Appliancll, Electricel) EIec1ric81 Appliances, Rltan, Minor (See PCM- X X X X 7&-12 foI UII Umitotionsln thl c-N ZOIll) (5.. Appliances, EIectricII) EIec1ric81 Contrlctors C X Electricel Equipment Mfg. X X Electricel Gene<lting Planll X EIec1ric81 Motor Rapair X Electricel Substations .. Gas Regulating C C C C C C C C X X X X X X Stotiona (See 18.58.140) EIec1ric81 Supplies, Ratoil X X X X Electricel Suppliea, Who...all X X Electronic Equipment Mfg X X X Electroplating .. Anodizing X X Employment AgtncIas (NongoYllllmentol) X X X X X Engilll Rebuilding, AutomotiYI C C Engilll .. Turbine Mfg X Escrow OIIicea X X X X X Eq_trlan School (See 18.58.1110) CC Equipment Rental C X ExtemtInating SerYIcea X X Family Day Call Home, Largl (See 18.58.147 A A C C and 18.04.084) (11-2 .. R-3 ahall be SFD only) 'age 10 WC'_ J .r........,..-I = Conditional Uses Accessory Uses Pennitted Uses Requiring City Council Approval LAND USE CHART C A X CC - - = - - USE UncI A Roe R-1 1\02 M ~ ColI ~ c.c c;v c;T WI ~ 1 Family Day ear. Homa. Small (Sal 18.04,095) R. A A CA C 2 requlrll CUP when morl than ona unit "illl Firm Equlpmant Sal.. . Sarva X Feed Stom (SH1U8.175) C X Filld Cropl (SH18.04.D62) X X financial OffiCII X X X X A X A A A Filh Markat (Rltail) X X X X X Fish Markal (Wholesale) X X Fish. Saa Food Processing C Flavoring Extracll . Syrups Mfg. X X Florists A X X X A X Flowar Standi, Plrmanent (SH 18.58.3701.) A X X X X X Food Producll . Mlg X X Forging CC Foliar Homel (SH18.04.098) A A A A Foundri.. CC Fratamal Clubs or Lodgas (SH18.58.100)(SH CC X Social) Flltarnity . Sorority HoUsal CC Freight Trucking Termlnall (SH Truck C X Terminall) Fruit. Vegetable Standa, Acc:lISOry to In.rim A Agriculture (Sat 18.16.030) (SH Vtgttabil Standi) Fruill'Vtgttablea-Clnntd. Frozen' X X Presarvtd Mfg. Funeral Homaa CC Furniture IIIg. X X Furniture Stom (New) X X X X C C Furnlturl StorN (Uted) (SH Sacondhand X Furnltura) Furniture Refinishing X Page 11 1IIIC,~.""'1I,"1 LAND USE CHART C A X CC = Conditional Uses Accessory Uses Permitted Uses Requiring City Council Approval - - = - - USE Unci A N R-1 R-Z M c.e c.I ~ c.c COV CoT WI II. I Fumllllre Upholllary C X X Gambling Ellabllahmonta (Card Room Only) C C Gift. Souvanlr Shopa A X X X X X Glass Produeta, Mfg. X Go" Cour..., Induding Driving Ranges (See CC 19.58.090) Golf Cour... (Miniatura) CC Go" Driving Ranges (See 19.58.170) CC Grain PToducta (Prohibita Grain Milling) C X Graval, Sand Plla . Roek Quarries CC Groeery Slores (Mal. 2000 aq. ft.1n \he COV X X X X X zona) Gua.1 Hou..a (S"19.04.106' 19.58.02QD) A A Guall Ranc:h.a C Gun Clubs (Sa. 19.58.290) CC Halfway Hou.. C C C Hardware Slor.. X X X X Hay' Faed Slor.., Retail (S..19.58.175) C X Hazardoua Walla Fac:lllti.a (See 19.58,178 . C C C 19.14.0708) Ha81111 Fooda Store X X X A X Haalth RlSOrts CC Haalth SlIIdIo. (See Waighl C~nIca . Body X X X A- X Conditioning) Haliports (Sat 11.58.180) CC IIorne for the Aged (lor....) X X X A- C Horne for tilt Aged (7 or mor.) C C C Hoapitala (.11 uc:tpl Animal) (See 18.58.110 . CC 11.54.020(H)) lIoapitala, Animal (S.. 11.58.050) (Sa. Animal C C X X Hospital) 1Io18la (See 19.04.112' 19.58.210) X X X Ptgt 12 .-c,~..,...,..~ - - Conditional Uses Accessory Uses Permitted Uses Requiring City Council Approval LAND USE CHART C A X CC = - - - - USE UncI A R-i ..., R-2 R-I ~ c.a c.II c.c: ~v ~T I<< W- I lei Croam Partoll X X X X X lei Skating Rink (Soo 11.58.040) (Soo Skating CC and Rollar Skating) lndu.trl.1 Matal. . W..ta Rag, Gis.. or P.par CC Salvage Operations (18,46.040-F6) (S.. Motal.) lnatrllmonta-Eloctrical Mfg. X X lnalrurnanta-Eloctronic Mfg. X X X lnauranca OffiCII X X X X X X Janitorial SanlIcu X X X X X Jewolry Mfg. X X ......Iry Stoll X X X A X Kara" School X X X X Kamal. (5..18.04.118.18.58.180) (S.. Dog C Kamal. . Anirnal.) Kay Shop X X X A X Knitting' Wllving Shop. (Mfg,) C C X laboratorial, Dental' Modical A A A A A X X X Labolltoria., Tasting' R....rch X X X labor Campa C Lapldarill (Oom .nd Stone Grinding) C X X laundria., Coin Oparatod or Pick.Up Sanllca X X X A X Laundriu, Conmarclal (largo ..... operation C X X In ~zona only) Laundrio.. Induatrial (Largo _Ia oparatiOlllIn X X !-Zona only) Laundry' Cleaning AgencllI (Pick"'p Only) X X X A X (Soo Dry Clllnlng) Lawn 1I000r RapaIr Shop. C X X laatlllf Products Mfg. X X Unan Supply' Diaper Sanlica X Uquifiod Natural Ga. Plsnla X 'ago 13 WPC,..... .~_..cr--r.....) LAND USE CHART C A X CC - - Conditional Uses Accessory Uses Permitted Uses Requiring City Council ApprovaJ - - - - - - USE UncI A R'( 1\01 M M CoG " CWI c.c COY CoT WI W- I Uquor Stor.. (Mal. 2000 Iq. Illn e-V zone) (e- X C X X X N zone. See Soc. 18.14.030) Uquor Diatilllng Ind Brewing CC Utltogrlphlc Shop' (See Printing) X X X X Uvutock (lxcepllWlne) X Locklmitlt. X X X X X lodging Hou.. (3 to 10 pll'101II) (See e 11.04.032 . 80lrding Hou...) Lumber Vlrd. C X lIIchine Shop' e e X Mailing Slrvicu X X X X Manuflcturer'. 01111111 (SH 11.44.040) X X X e e Manulecturing, IIHvy (SH 11.46.04OD) e Marine SIll. . Supplll. (SH 11.58.070) C X X Manage Plrlot. (SM ctt.pttr 5.36 . 11.58.024) X Maal . Poultry PICkIng Pllntl (IIClpl filh) X CC Madlcal Clinica X X e X X Ma.... Sllvlcel A X X X A X Malll. . WIlli R.g, GI... or Piper S.lvlg. CC Oplrltionl (SMII.46.040-F6) (SMlndultrial Mallll) Mining ce Mini.WIIMO... X X ~~IIHo~~n~IIIV_nt~Q(SH X X 11.58.145 Ind 11.58.330) ~~II Ho~ PIrkl (MIIP Zl>ne. SM11.27) ~~I. Ho~ IIInIaIInd Sllu C X ~cIIling School. e X X X X ~cIIl Studio (SMII.04.155' 11.58.024) X Money Exchlngu X X X' A X ~rticI'nI Good. X X wc,..........--..~" ... '.,4 , LAND USE CHART C A X CC = Conditional Uses Accessory Uses Pennitted Uses Requiring City Council Approval = - - = USE UftcI A H 11-1 R,2 11-, C.f " ~ c.c COY CoT loll W- I Mortulriu CC Motell (511la.o4.156' 18.58.210) X X X C Motion PIcIura Production CC Motorcycle Sol.. . Replir (5.. 18.58.070) C X MUllu... CC MUlic Schools C X X X X MUlic Stor.. X X X X Muliclllnltrullllnta, Mfg, X X HeWlpap. Pub/illllng X X X X X HeWl Standi A X A X A A Night Clubs X X C X Nurling HoIIIII (6 parlOns or leIS) (5.. A A A A 18.58.220) Nurling HoIIIII (7 or morl ""rlOnl) (See CC 18.54.020 Ind 18.58.220) Nurllry Schooll C C OIfoca Machinery, Mfg. X X X Offices, Buli.... A X X X X A X A A A Officel, Medicel . Dental X X X X X Offices, ProfNIIOlllI (5"'8.58.244 for R.1 Ind C C X X X X X X R.3 ZOntl) Ie-V z.o.. doll nolallow prof, offices on tho Ifrll Ifoor) OffICI SUppU. C X X X X Optical. Photographic InItrIIllllllt . X X X Equiplllllll Mfg. Pllnl Sto... X X X X PI"'" . PaparboInI Milll X Pirkl CC Plrklng GIrIgu C X X C X Plrking Lota (Co_ill) C C C X X X C X C Plrty Suppliu (511 Artilll SUppli..) C X X X C X WIJC,~....,....,.. .., Page 15 - - Conditional Uses Accessory Uses Permitted Uses Requiring City Council Approval LAND USE CHART C A X CC - - = - - USE UncI A JI.E ft., 11-2 R4 Cf c.I ~ c.c eov eoT I<< II. I Plwn Shop' (See PCM-72.11) x X Pin, PaneII', ate. Mfg. X X Porfullll Mfg. CC Plat Control X X PII Shop, X X X X Phlrmaci.. (See Apothocarils) X X X X A X PholocoPY SltVico X X X X X X PhOlogllphy Studio, . Stoll' C X X X A X Plant Nur.riel, RllliI (See 18.30.04OH) C C C X A X Planl Nur.rio" Whole..11 C C PIu\icl . Other Synthltie, Mfg. C C Plumbing' Healing Shop' X C X X Plumbing' Healing Shop' Mfg. X X Plumbing' Healing F'lXlurll . SUppUI' (RIIIII) X X X X Plumbing' Heating FIxture, . Suppliel C X (Wholl.ll) Pool Rooma (See 18.58.040) (See BilliOld X C C X POIIoII) Po,1 Off.,., CC Poultry F...... (500 11.58.240) C PII,ling . Alllrltiolll (Clothing) X X X A X Printing (induding lithograph, pholHngrlving X X X X . publlihlng IlIIbIIihmonll)(See Uthogllphic) Printing, lnatanl X X X X X X Public' Quul.flubllc U... CC lllco Track (DogI. Auto, Hor., lie.) CC llldi'tor lllpalr ShopI e X llldio' Tllovllion Broldellting Stolon, C X X X (lxCludlng Tower') (See Tliovilion) llldio . ToIevllion Tranomluion TowlI' CC llldio' Tllovilion, SIll... IIIplir X X X X ,ogo,. MIC,~1J T ....,...,"..1 LAND USE CHART C A X CC - - Conditional Uses Accessory Uses Permitted Uses Requiring City Council Approval - - - - = USE UncI A II-E fl., R,z M ~ ColI c.H c.c c.v c.T loll 101. I Radio' Tllevilion Mfg. X X Railroad YIfCII . Freight Stations CC Raading Rooms . X X X X Real Estall OffiCII X X X X X Recording Studiol X X X Recreation Cenllr, Coll1ll'llrcial (51118.58.040) CC RecrNtionsl Vehiclel Storage Yardl (511 C 18.54.020.Q) . 18.58.4110) (Sle Storage, RIC. Vehicll) Racycling Collection Cenllra (51118.58.345) C C C C C C C C C Racycllng.Rev.. Vending Machinll (SIe A A A A A A A A A U.58.345A) Rademption Cenllra X X X Residential Cara Facility (6 persons or lul) A A A A (5.. 18.58.220) Restaurants (CoN zone 'lquiral CUP lor 1111 01 C X X X X X CA CA CA elcoholic blvllegea conlumed on praml"l) Reltaurants, DrIve-in, (5.. 18.58.120AXSIe X X X X Drive-In Restsurantl Reltaurant.Bar Combination C X C X X X Rnt HOlllla (Sle18,54.020H) CC Retail Diatrlbution Center (SlI1U4.040) CC CC Ratall SalU X X X A X A A A Retail SaIU (ProcIUc!l Manufactured on 5111) A A A RetaU SaIU lor Gullll Only (Sle18.58.270) A Riding Stablel CC Righta 01 Way (RaIlroad end POWII) CC Roller Sklting Rink (Sle18.58.040) (Slea CC Skating' Skating Rink) Rolling, Drawing' Extruding 01 Metal. X ProCluing Rooming Hou... (3 III 10 personaXS.. C 18.04.032) (SIe BolfCling . Lodging) WfIC,~.""""-1 "17 - - Conditional Uses Accessory Uses ~rmitted Uses Requiring City Council Approval LAND USE CHART C A X CC - - - - - - USE Unci A fI.E 1\01 R-2 R-I c.o c.e C4j c.c COY CoT loll 1-1. I Rooming Hou... (2 ptlSOlll max.) (SH A A A 18,24.030AXSet Boarding) Rug Cleaning Plant (Set Carpat Cleaning) X Rug Cleaning' Repairing Planla (Llrge ale X X operationa in \-zona only) Salvage' Wracking Operations (Set Wracking) CC (Set 18,46.D40.F6) Sand and Graval Operations CC Sawmill. Planing Mill (Incl. Lumber Storage) X Schools (Public' auali.Public) CC Schools, Bulinan (Set Busint" Schools) C X X X X Schools, Technical (Set Tachnical SchoolS) C X X X X Schools, V_tional (Set Vocational Schools) CC Sacondhand Appliancu X Sacondhand Bookstores (See Bookllorll) X X X X Saconctland Clothing (S.. Clothing) C Saconctland GooIII (exclUsive 01 ctothing) X Saconctland Furniture (S.. Furniture, Used) X Senior Houling Davelopmenla (S.. 18.58.390) CC CC CC CC CC Saxual Encounter Studio' Rap Parlor (SH X 18.04.205. 18.58.024) Sheat Melli Shop C X Shoe Repllr Shop X X X A X Shooting OUba (Set 18.58.2iO) CC Sign, Elactric Mfg. X X Sign Pllnting . LllI8ring Shopl X X Single Family H_ X X X X C SUting Rinks (Sea lea . Roller SUting) CC Slaughter Hou.. . StocIt Vlrlll CC Slot-Car RacIng Tracka C C X .-t,....,.. .............._, Pagel. LAND USE CHART C A X CC = Conditional Uses Accessory Uses Permitted Uses Requiring City Councn Approval = - - - - USE UncI A II-E 11-1 11-2 "" ~ e.a CoN c.c COY CoT I<< W- I SocIal . Fnllmll AaaociItionl (Non-Profit) CC X (SIII858.1oo) (SM FrlIImII) Sporting Goods SlDr.. X X X It X Stable. (Public) (SIe 18.58.1110) C C Stable. (PrIvata) (SIe 18.58.310) C A Stationary SIorII A X X X A X S.... Producta Fobrlcation A C X SIocky.rda . SllughllrhoU'" CC SlDne Producta Mfg. X SlDrlgl Vlrda C It X X SID,. Vlrds, IIIcrlltiOl1lI Vahlell C Surplu. Slo... (New Merch.ndi..) X X X Tlilor Shop. X X X X Tlttoo Plrlors X Tuidarmi... X X TochniCIl SeIIoutl (SIe School., Tochnical) C X X X X T....i.ion. Radio Broadca.ting Station. (SIe C X X X Radio) Tamporlry Outside SIIn . Display (SIe X X X 18.58.370B) TI.till MUI ProduCII X X Thlllllrl, IndQor X X X X Thlllllrl, DrIvt-In (SleI8.58.120B) (SIe Drln' C C In Thol..,.) ThllIIrI, 0pIn Air (SleI8.54.1J2D.J1 . CC 1'.58. 120B) Thrift SIorII ($II SICondhlnd) To.... IIocIpplng . Rltr8ldlng (SIe X X AulDmobIlI) Tollllnlura_ . Trull eo.nlu X X X X X Tobocco, Mfg. X X Tools, Mfg. X X .-c,,....,..J ..a......,.... '.18 = Conditional Uses Accessory Uses Permitted Uses Requiring City Council Approval LAND USE CHART C A X CC - - - - = USE UncI A R,E ..., R-2 R-S c.G ~ ~ c.c COY CoT 11\ I-L I Towing SarvicI (SM Automobile) C X X TOYI, Relli! X X X X Toys, Retlil (Worehou... Type) X C C Toys' Sporting Equlpmen~ IIfg (excluding X X Aubbtf Producll) TfICt Signs' Off"'", Temporary (SM A A A A A A A A A A X X X 11.58.320' 11.60.470) Trailer P.rkI (Conditional U.. in MHP zona - SM 11.27) Trailer Ranllla C C C X Trailer Sal.. C X Trailer Service, Including major repair C X Tranaportation Vehlclel IIfg. (5.. Automobile, X Mfg.) Travll Aganci.. C X X X A X Tr.. Farming (SM 11.04.062) X X TrII Farming -Intarlm U.. l'ennittad In .11 Zonal (SM 11.16.030) Trophy Stor.. X X X X Truck Repair Faclliti.. (including Major Repair) C A C Truck Rental C X Truck SIIu C X Truck TarminIII . Varda (SM F,.;ght Truck C X Tarmlnall) Upholatery Shopl C X UIId Car Loll (SM 18.58.070)(,-,,"ry 10 CA A Ntw Car Salll Only) Utilitill (Public' Priv'II) CC Vagetabll . Fruft Standi (Accallory 10 Intarim A Agriculture) (5"11.16.030) (5.. Fruit Standi) Vetarinsrlan Service nol p.rto' an animal C X X Holpital (SM 18.58.050) Vltarlnsrlan Cllnlca (SM 18.58.050) C X X "20 we,........-.....,...,... -, '\ , ~ -. . - - Conditional Uses Accessory Uses Permitted Uses Requiring City CouncR Approval LAND USE CHART C A X CC - - - - = USE UncI A RoE fI.1 R-2 M c.o ColI c.H c.c c.v C.T loll ~ I Vocational SchoOl. (Set School., Vocational) cc Wltche., CIocka, .11:. Mfg. X X X Wu lIu_ma CC Weight Rlduction ClInics (Set Hell'" Studio. X X X A X end Body Conditioning Cllnlca) Welding Shop. X Well Drilling .nd Tonk Cloanlng (No Drilling on C X Sitl) Wltoluall Trlclo A X X Wrecking VI Ida (Set Sllv.geXSet 18.46.040.F6) CC Zoo. CC Zoological Garclon. CC '.21 wc,...... ...-.,....,"'-1 CYMC SECTION 19.158.128 AND SECTION 5.5 OF THE PUBUC FACIUTIES ELEMENT OF THE GENERAL PLAN (HAZARDOUS WASTE F ACIUTIES) 19.58.178 Hazardous Waste Facilities. A hazardous waste facility as denned in Section 19.04.107 of this tide may be considered for permitting 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 appropriate ror the acceptance and consideration of an application for such a facility. A haurdous waste facility may be allowed within a location as indicated above upon the issuance of a conditional use permit. subject to the roUowinl standards and luidelines: A. Purpose and Intent It is the intent of this section to establish and c:larify local requirements and procedures ror the review and approval of conditional use permit applications ror a hazardous waste racility. consistent with the provisions of Section 25199 et seq. of the California Health and Safety Code (Tanner Act). and with the objectives, policies, and mteria of the Public Facilities Element of the City General Plan relardinl bazardous waste manallement planninll. and the sitinll and permittinll of bazardous waste racilities. B. Applicability Any conditional use permit Iranted ror a hazardous waste facility punuant co Sections 19.14.070 throulh .130 shaU comply with the applicable provisions of this section V(bicb are suppiementary to, and in the event of conflict shaU supenede the rel\Ulations set ranh in Sections 19.14.070 tbroulh .130. Subsections D, E, F, G. H. I, J, and K of this section shan apply to all hazardous waste racilities IS defined in Sec:Uon 19.04.107, IIId. IS berein defmed. 1279 (R 3/94) C. Definitions 1. 'Hazardous waste' shall mean a waste. or combination of wastes. which because ofiu quantity, concenuation, or physical, chemical. or infectious characteristics may either: L Cause or significantly contribute to an increase in monality or an increase in serious irreversible. or incapacitating reversible. illness. b, Pose a substantial present or potential hazard to human health or the environment when improperly ueated, stored, uansponed, disposed of, or otherwise managed. In addition, hazardous waste shall include the following: a, Any waste identified as a hazardous waste by the State Department i>fToxic Substances Conuol. b. Any waste identified as a hazardous waste under the Resource Conservation Recovery Act, as amended, 42 U.S.C. ~~ 6901 et seq. and any regulations promulgated thereunder. c, Exuemely or acutely hazardous waste. which includes any hazardous waste or mixture of hazardous wastes which. if human exposure should occur. may likely result in death. disabling personal injury or serious illness caused by the hazardous waste or mixl\lre of hazardous wastes because of its quanlity. conccnlnuion. or chemical characteristics. 2. 'Hazardous waste facility" means any facility used for Ihe storage. transfer. treatment, recycling. and/or disposal of hazardous wastes or associated residuals as defined in Section 19.04.107. 3. 'Land use decision' shall mean a discretionary decision of the City concerning a hazardous waste facility project. including the issuance of a land use permit or a conditional use permit. the granting of a variance. the subdivision of property. or the modification of existing property lines pursuant to Title 7 (commencing with Section 65000) of the California Government 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 25 199.7(a) and (b), at least ninety (90) days before flIing an application for a conditional use permit for a hazardous waste facility, the applicant shall file with the Planning Depmtment and with the Office of Permit Assistance in the State Office of Planning and Research. 1\ Notice of Intent ('N.O.l.") to make the application. The N.O.l. shall be on such form as approved by the Director of Planning. and shall specify the project location to which it applies. and contain a complete description of the nature, function, and scope of the project. 2. The Planning bepanment shall provide public notice of the applicant's intent to apply for a conditional use permit, pursuant to the noticing procedure in Section 19.12.070, and by posting notices in the location where the proposed project is locllted. 3. Costs inculTed by the City in processing said public nutice shall be paid by the project proponent through establishment of a deposit account for such purposes with the Planning Department at the time the N.O.l. is flied. 4. The N.D.J, shall remain in effect for one year from the date it is med. unless it is withdrawn by the proponent. However, a N.O.l. is not transferable to a location other than that specified in (R 3/94) 1280 the N.O.J., and in such instance the proponent proposes to change the project Io<:ation, a new N.O.J. shall be prepared. and the procedure shall begin again for the new 100000tion. S. Within 30 days of the ftling of the N.O.J., the applicant shall sc:hedule a pre-application conference with the Planning Department to be held not later than 4S days thereafter, at whic:h the applicant and the Planning Department shall discuss infonnation and materials necessary to evaluate the application. Within 30 dil)'s aher this meeting, the Director of Planning shall inform the applicant. in writing, of all submittals necessary in order to deem the conditional use permit application complete. 6. Tbe applicant may not file an application for a conditional use permit unless the applicant has first complied with the above items. and presented the required application fee. Funhermore. said application shall not be considered and acted upon until it is deemed romplete as provided by Section 19.14.070. and until all materials necessary to eValuate the application as set fonh by the Director of Planning pursuant to Item S above bave been received and accepted as to content. 7. An application is not deemed to be complete until the Planning Department notifies the applicant, in writing. that the application is complete. Said notification of completeness, or incompleteness, shall be provided within 30 days of the application submittal, or resubmittal as applicable. After an application is determined to be complete. the Planning Depanment may request additional infonnation where necessary to darify. modify, or supplement previously submitted materials, or where resulting from conditions which were not known, and could not reasonably have been kno,:,"n at the time the application was received. 8. The Planning Department shall notify the Office of Pennit Assistance in the State Office of Planning and Research within ten (10) days after an application for a conditional use permit is accepted as complete by the Planning Department. E. Pre-application Public Meeting 1. Within ninety (90) days after a Notke of Intent is filed with the Planning Department and Office of Penn it Assistance in the State Office of Planning and Research punuant to subsection D.1, the Office of Pennit Assistance will. in cooperation with the Planning Department, convene a public meeting ("Pre'Application Meeting') in the City of Chula Vista for the express purpose of infonning the public on the nature, function, and scope of the proposed project and the procedures that are required for approving applications for the project. 2. Tbe City shall arrange a meeting location in a public facility near the proposed project site, and shall give notice of said meeting punuant to the noticing procedures in Section 19.12.070 and by posting at the proposed project site. 3. All affected agencies, including but not'limited to the State Department of Health Servicesrroxic Substance Control Program. Regional Water Quality Control Board, County Department of Health Services- Hazardous Materials Management Division, and the Air Pollution Control District, shall send a representative who will explain to the public their agency's procedures for approving permit applications for the project. and outline the public's opportunities for review and comment on those applications. F. Local Assessment Committee; Formation and Role 1. At any time after ruing of the N.O.!., but not laler than 30 days after an application for a land use decision has been accepted as complete. the City Council shall appoint a seven member Local 1281 (R 3/94) Assessment Committee C"LAC') to advise the City in considering the ha~ardous waste facility proposal. 2. Tbe membership of the LAC shall be broadly constituted to renect the makeup of the City. and shaU include three representatives of the City at lar~e. two representatives of environmental or public interest groups, and two representatives of aHecled businesses and industries. Members of the LAC shaU have no direct financial interest, as ,Iefined in Section 87103 of the California Government Code. in the proposed project. 3. The LAC is solely an advisory committee, and is not empowered with any decision making authority relative to the proposed project, nor with the legal standing to assert specific project conditions. Rather, the LAC provides a mechanism for direct input on matters of concern to the general public into the environmental review process, and presents the opportunity for framing 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. 4, As such, the LAC shaU, within the time period prescribed by the City Council, advise the City of the terms and conditions under which the proposed hazardous waste facility project may be acceptable to the community, as follows: a. Adopt rules and procedures which are necessary to perfonn its duties. b. Enter into a dialogue with the project proponent to reach an understanding on: (1) the suggested tenns, provisions and conditions for project approval and facility operation which would ensure protection of public health. safety and welfare, and the environment of the City of Chula Vista and adjacent communities, and (2) the special benefits and remuneration Ihe proponent will provide the City as compensation for all local costs and impacts associated with the facility and its operation. Such discussions shall address -fair share- concepts as set fonh in Section 5.S of the General Plan Public Facilities Element, including the consideration of establishing inter,govemmental agreements, and/or other compensation and incentive programs. Said dialogue shall be responsive to the issues and concerns identified at the meeting described in subsection G.t. c. With regard to subsection 'b.' above, any resulting proposed mitigation measures not already defined in the environmental review or pClmining process would be subject to the negotiation process with the proponent, with the negotiation results forwarded as recommended tenns of approval to the Planning Commission and City Council. , d. Represent generally, in meetinp with the project applicant, the interest of the residents of the City of Chula Vista and the interesls of adjacent communities, as principally made known through the Post'Application Meeting. e. Receive and expend, subject to the approval of the City Manager and authorization of the City Council, any technical assistance grants made available as described in S'!hsection J. f. Advise the Planning Department. Planning Commission, and the City Council of the terms, provisions, and conditions for project approval which have been successfully negotiated by the committee and the proponent, and any addilional infonnation which the committee (R 3/94) 1282 deems appropriate. The Plannin~ Department. Plannin~ Commission. and City Council may use this advice for their independent consideration of the project, 5. The City shall allocate staff resollfces to assist the LAC in performing its duties, and the project proponent shall be responsible to pay the City's costs in establishing. convening, and staffing the LAC, through establishment of a deposit account for such purposes with the Planning Department at the time of filing an application for a land use decision. 6. The LAC shall cease to exist after fmal administrative action by state and iocal agencies has been taken on the permit applications for the project for which the Committee was convened. G. Notice of Permit Application; Post,Application Meeting 1. Within sixty (60) days after receivin~ the notice of a complete application as required by subsection D.8. the Office of Permit Assistance in the State Office of Planning and Research will convene a ("Post,Application Meetin~") in the City of Chula Vista of the lead and responsible agencies for the project. the proponent. the LAC, and the interested public for the purpose of determining the issues which concern the a~encies that are required to approve the project, and the issues which concern the public, The Planning Department shall provide notice to the public of the date, time, and place of the meeting. 2. The issues of concern raised at the Post,Application Meeting must include ali environmental and permining issues which will need to be addressed in the environmental document to ensure the document's adequacy in supporting the actions of all permitting and responsible agencies for the project. 3. The Post,Application Meetin~ should b. held as soon as an environmental initial study or notice of preparation is available for review and comment. so that adequate opportunity is provided for meeting input to be employed in the scopin~ of subsequent environmental review activities. H. Environmental and Health Risk Assessments 1. All hazardous waste facility proposals shall be required to under~o an environmental review and health risk assessment re~ardless of facility type, size. or proximity to populations or immobile populations. 2. As hazardous waste facilities may vary greatly in their potential public health and safety, and environmental risks, the depth 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 shaU serve as the primary vehicles for identifying community and involved ag~lIcy concerns. and providing data to be used by the LAC and the City in negotiating project conditions. As such. within 30 days following the Post. Application Meeting, the City shall: a. create an ad,hoc technical committee to advise the City and the LAC on teclinical issues regarding the scopin~ and preparation of the environmental review and health risk assessment. The membership should consist of stnff from each of the involved permirting or responsible agencies. an epidemiolo~ist. II toxicologist, and any other technical experts deemed necessary or dcsirabk b. convene a meeting of involved City staff, the environmental document preparer, the LAC, ad.hoc technical committee, and the project proponent to establish the scope and content 1283 (R 3/94) for the environmental document and health risk assessment. and the need for any other technical studies, The City Council shall review the meetin~ outcome, and approve a final scope for the environmental review and health risk assessment prior to the commencement of work. 4. A traffic/transportation study shall be required as part of the environmental review for all hazardous waste facility proposals. and at minimum shall account for all factors addressed under the Safe Transportation siting criteria contained in Section 5.5 of the Public Facilities Element of the City General Plan. 5. Upon selection of a reasonable range of project alternatives under the California Environmental Quality Act, Public Resources Code Sections 21000 et seq.. the City, upon the advice of the LAC and ad.hoc technical committee. shall establish a preferred hierarchy among those alternatives for the purpose of determining the level of qualitative and quantitative analysis that should be performed for the health risk assessment on those alternatives. In determinin~ this preferred hierarchy and associated level of health risk assessment. consideration shall be given to the relative feasibility of each alternative to attain the stated project objectives, and the relative merits of each alternative. 6. The health risk assessment shall serve as an evaluative and decision,making tool. and shall not be construed as providing defmitive answers re~arding facility siting. 7. The ad,hoc technical committee shall remain in tact to assist. as requested. the City and the LAC in the evaluation of the fmal health risk assessment and any technical studies to determine acceptable levels of risk. and/or to determine the extent and type of related conditions and mitigation measures which should be applied to the project. 8. The LAC shall not finalize its recommendations for forwarding for Planning Commission and City Council consideration until after the public review period for the draft environmental document has closed. and the LAC has had sufficient time to review any comments received. 9, 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. including costs incurred in the preparation of any technical studies. shall be paid for through technical assistance grants as described in subsection J. I. Initial Consistency Determination 1. At the request of the applicant. the City Council shall. within sixty (60) days after the Planning Department has determined that an application for a conditional use permit is complete and after . noticed public hearing. issue an initial written determination on whether the proposed project is cODsistent with both of the following: a. The applicable provisions of the City General Plan and Zoning Ordinances in effect at the time the application was accepted as complete. b, The county hazardous waste management plan authorized by Article 3.5 (commencing with Section 25135) of the California Health and Safety Code. if such plan is in effect at the time of application. 2. The Planning Department shall send to the applicant a copy of the written determination made pursuant to item 1 above. (R 3/94) 1284 3. The determination required by item 1 above does not prohibit the City from making a different determination when the fmal decision to approve or deny the conditional use permit is made, if the final determination is based 011 infonnation which was not considered at the lime the initial determination was made. J. Technical Assistance Grants; Local Assessment Committee Negotiations 1. Following the Post,Application Meeting. the LAC and the proponent shall meet and confer on the project proposal pursuant to the provisions of subsection F. 2. Given that the rules. regulations. and conditions relative to hazardous waste facility projects are extremely technical in nature, as are the associated assessments of potential public health and environmental risks, the LAC may fmd that it requires assistance and independent advise to adequately review a proposed project and make recommendations. In such instance, the LAC may request technical assistance grants from the City to enable the hiring of a consultant(s) to do any, or all. of the following: a. assist the LAC in the review and evaluation of the project application, environmental documents. technical studies. and/or any other documents, materials and information required in connection with the project application, b. interpret the potential public health and safety and environmental risks associated with the project. and help to define acceptable mitigation measures to substantially minimize or eliminate those risks. c. advise the LAC in its meetings and discussions with the proponent to seek agreement on the tenns and conditions under which the project will be acceptable to the community. 3. The proponent shall be required to pay a fee equal to the amount of any technical assistance grant authorized for the LAC. Said feeCs) shall be paid to the City, and deposited in an account to be used exclusively for the purposes set forth in subsection J.2. 4. If the local assessment committee and the applicant cannot resolve any differences through the meetings, the Office of Penn it Assistance in the State Office of Planning and Research may be called upon to mediate disputes. S. The proponent shall pay one. half of the costs of any mediation process which may be recommended or undertaken by the Office of Penn it Assistance in the State Office of Planning and Research, The remaining costs will be paid. upon appropriation by the legislature, from the State General Fund. K, Additional Findings Required for Hazilrdoll6 WaSle Facilities Before any conditional use pennit for a hazardous waste facility 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: 1. 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. 1285 (R 3/94) 3. The "fair sbare' principles establisbed in Section 5.5 of the Public Facilities Element of the City General Plan 4. The County of San Diego Ha:tardous Waste Mllnllgeml'nt Plan. (Ord. 2542 56. 1993). 5.5 HAZARDOUS WASTE CONTROL POUCIES Effective and safe management of hazardous wastes within the aty of Clula Vista, in accordance with provisions of the COHWMP. requires the development of policies and Implementation measures which m:ognize not only the need fOr adequate waste treatment capacity, but also the need to reduce the volwne of wastes produced. to establish . local tegulatOry framewoJt to c:oordinate the teview of applications fOr DeW or expanded bazardous waste facilities lIDong involved qencies. panics and the public, and to set forth Joc:ational, IitiJl&. and permitting criteria for bazaniouS waste facilities which wiD ensure the proteCtion of publiC bcIlth and safety. and environmental resources. \ I , I I As . rapidly JIOwing, miJled-use community cl\anlCterized by the Integration of industrial. buSiness and teehnological areas within . predominantly residential land use fabric. the aty of Oula Vista has spec:ial concerns with respecI to local twardous waste management, panic:u1ady the safe liting or expansion of off-site bazardous waste treatment facUities. Based 011 particulll' local conditions c:mting these concerns, as further indicated in the foUowing 1CCtlons. It is the aty's Intent 10 actively panicipate In. and promote effons 10 reduce the volwne of waste adding 10 the necessity 10 lite new. or expand existing, hazlrdous waste treatment facUilies. FurthermOre, IS provided by 3-41 :: .~ . ~ I 1 I I I J I I I I I I I J . I . . , Section 25135. 7(d) of the Health and Safety Code. the following sets folth those planning and siting criteria. and other provisions intended 10 prevail over those of the COHWMP. where their IIpplication is more stringent or restrictive in favor of the protection of the public health, safety and welfare, and enviromnental resources within the Oty of OIula Vista. Hazardous Waste Minimization Consistent with the provisions of O1apter.VI of the COHWMP. (1) The Oty shall continue 10 participate in and support the efforts of the County Hazardous Materials Management Division (HMMD) ind other involved agencies 10 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. 1bis shal1 include the exploration of funding and grant sources. (2) The Oty shall encourage the development of industries within the general plan area which are negligible or minimal hazardous waste-producing. and shal1 properly screen and identify new or proposed development that will be using hazardous materials and generating hazardous wastes. (3) Prior 10 the issuance or renewal of a business license for businesses involving hazardous materials and/or generating hazardous waste. the Oty shall require proof that the licensee has prepared and submitted an acceptable Business Plan. and Risk Management Prevention Program as applicable. with the County HMMD, and obtained all necessary licenses and pennits. In cooperation with HMMD's Pollution Prevention Program. the Oty shal1 also consider the establislunent of a local screening process 10 ensure those businesses participation in waste minimization efforts. (4) In cooperation with the County HMMD, die Oty sha1l work 10 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 Oty shall establish a program 10 recognize industries or businesses Ihat effectively cUminale or minimize hazardous wastes. (6) The City sha1l prepare periodic reports on the progress of hazardous waste minimization efforts in the Oty. . 3-42 Household 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 Clapter V of the COHWMP. the HHWE addresses the safe collection, recycling, treatment and disposal of household hazardous waste within the aty over both the short tenn (1991-19')5) and mid-tenn (1996-2000). (1) The aty shall work with the County to encourage, through community education. a reduction in household hazardous waste seneIation by promoting safe substituteS and recycling. (2) The aty shall encourage the safe disposal of household hazardous wastes by working wilh the County in providing convenient disposal alternatives to the residents of Clula Vista, including support and sponsorship of community collection events. and establishment of specialized criteria for evaluating the siting of 1eIDPOrary and pennanent collection centers, General 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 Clula Vista and as such. are designed along wilh the siting criteria as first step in analyzing the appropriateness of a particular site for a hazardous waste facility. 'I11e "general areas" ARE NOT recommended locations for such facilities, nor are they intended as a specific SUide 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 Clula Vista General Plan were included as "general areas" in OIaptcr IX and Appendix IX-B of the COHWMP. 'J11ese 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 lOII1e 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. Fisure 3-10 depicts a refinement of "general areas" within which hazardous waste facility proposals would be considered in the Clula Vista P\antling Area. These refined "general areas" shall prevail over the "general areas" described in the COHWMP and its appendices, and 3-43 ..-,---,------ ----~--_.. --...---- shall be subject to review and amendment from time-tO-time IS necessitated by dwlging land use and other local conditions. For clarification, the following prescribes those industrially designated and zoned areas which have presenlly been removed from the COHWMP's "general areas" inventory: MontsromervlOtav Communitv: BoWlded by L Street on the nonh, Interstate S on the west, OIay River on the lOUth, and Interstate 805 on the east. Much of the community's industrial areas are juxtaposed with residential uses and immobile populations such IS schools, resulting from an historic lack of zoning regulation and enforcemem under County jurisdiction prior to the area's II\IIexation 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 envirolUDenta11y sensitive Otay River Valley (recently inventoried in conjunction with preparation of the OIay River Resource Enhancement Plan), and is entirely within the dam failure inundation area for Lower OIay Reservoir's Savage Dam according to maps on file with the State Department of Water Resources. / I I I I I I I I I . , 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 intended as employment areas comprised of light industrial uses such as warehousing and distribution, and would be inappropriate for hazardous waste facilities. Furthcnnore, 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 cmying in excess of 35,000 ADT, presenting substantial transponation risks. Otav Valle v Road: The ponion of the Otay Valley Road industrial area east of Interstate 805 and south of Otay Valley Road borders the OIay River Valley, and is entirely within the dam failure inundation area for Lower OIay Reservoir's Savage Dam. The following policies regarding General Areas in the Clula Vista Plaming -Area shall prevail over the seven General Area policies set fonh on pages 1X-46 and 1X-47 of the CX>HWMP: (I) Proposals for hazardous waste facilities shall be accepted for review only If they are within a designated "general area" IS herein established at the time the app1ication is accepted as complete. (2) The review and evaluation of applications accepted pursuant to (I) above shaII be based upon the policies and siting criteria set fonh in the City's General Plan. subject to required risk lSse.ssmerus, 3-44 environmental reviews and other applicable codes, ordinanceS. and requirements. (3) "General Areas" shall be limited 10 existing developed industrial land. and land designated for future industrial development in the present General Plan. except as herein restricted, (4) The City shall evaluate any future general pIan revisions involving the establistunent of industrial land use designations for the appropriateneSS of their inclusion as a "general area" within the City of Clula V isla. (5) 1be City may. from time 10 time. as changes 10 local plans. policies, and conditions pose significant concerns regarding the continued protection of public health. safety and welfare. and the environment. detennine through .due evaluation that cenain industrial land use designations or zoning districts are not appropriate for inclusion as "general areas". as long as the ability 10 accept applications and potentially site facilities is not significantly restricted. (6) I I I I I I I I . I . (7) "General Areas" for household hazardous waste coUection facilities shall be restricted 10 lands designated for industrial use. Alllands designated for industrial use within the Planning Area shall be deemed included for accepting applications for such facilities regardless of those areas possible exclusion from refined "general areas" for all other types of tranSfer or treatment facilities. Military lands should also be considered as pan of the "general areas." It is the Department of Defense policy 10 avoid siting of commercial hazardous waste treattnent 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 jurisdiction and military hazardous waste issues and needs can be cooperatively addressed. The Memorandum of Agreement that currently exists between the V.S, Navy and the SANDAG should be the basis for !his relationship. (8) Land currently under the control of the Federal Bureau of Land Management (BLM) has the potential 10 be acquired by local Bovemment or by private panics. BLM land transferred from federal 10 non-federal OWIICrWp is subject 10 loCal govcnunenl general plan designation and zoning. All of the general area policies and other policies would apply 10 this tranSferred land. Indian land Is not subjecl 10 any federal, state and local environmental. health, safety and planning requirements. 1berefore, Indian lands should not be considered potential "general areas" unless (9) 3-45 c .... III: C ~ Z - Z Z C ... Do C t- fI) - > c ... = % U 0"" _% J,t- I~ . ;" C 1&1 III: C ... C III: 1&1 Z .... ~ . , '- --_.~ .~ - - = o > Ie ... , : I Ie Ie . ...~ I Sc. . 0"0 .... G .... z ..... - ...'\ ... '" .... III: rJ) < IIJ -a: < 4i! a: IIJ z W CJ o !!! -iij a: pj). '.-.:; It1 101 - t I I I I I I I I I I I I I I I I I I I these lands can meet all siting criteria as set foJ1hherein. and permission to use Indian land can be obtained. Sitin& Criteria Under the Tanner Act (AB 2948), local govenunent Is ~ired 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 transporution 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 envirorunenta1 resources. The criteria are designed somewhat generically in d1at they apply to evaluation of a broad range of hazardous waste facilities and management teclmologies which can vary greatly in their size. vollDDe, and type of waste stream(s) handled, and which inherently may differ substantially in their potential land use. envirorunental, 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 envirorunental 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 OIula 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 defUled 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.&.. migrant workers, amsttuction camps). 347 . Distance separation requimnents for residuals repositories and other facilities shall Include all areas designated in General Plan for future residential development regardless of their density, as wen as existing residences. . 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 setbacks and buffering from the propeny boundary as required by the IDIderlying zone. or through conditions established by the associa1ed use pennit(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 1X-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 110 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 detennining whether a Conditional Use Pennit should be granted. taking into consideration, among other matters. the Ippropriate location and disWlce for the particular hazardous waste facility in relation to any existing and proposed surrounding residential development or other sensitive receptors. . The City shall establish a screening process to detennine 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 alternative sites presented through the environmental review and provide comparative evaluation of these sites to enable 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. 3-48 . Setback or buffer areas sha1l be pm:luded from future residential uses Ihrough property restrictions such as easements or c:ovenants. and where appropriate. through general planning and zoning. 2. Proximity 10 immobile populations . Proximity 10 immobile populations is defined as the distance from the boundary of the site upon which the facility is located 10 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 sha1l not be located within one mile of any of these populations unless the required risk assessment satisfactorily indicates that the auendant health , and safety risks are not appreciably increased. 3. Capability of emergency services . Capability of emergency services is defined 10 include the extent of training and equipment of fire departments. police depanments. 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 10 deal with hazanlous 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 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 10 the requirements of State law, and subject 10 the satisfaction and approval of the City Council. facilities may provide their own emergency mponse capability. I I I I 3-49 / .' ENSURE THE STRUCTURAL STABn..1TY OF THE FAaLlTY 4. F100d hazard areas . Flood hazard areas are defined as areas which are prone 10 immdation by lOO-year frequency floods. and by flash floods and debris flows resulting from major 5101111 events. Flood hazard areas can be detel1llined by checking Federal Emergency Management Agency flood insurance maps or with local flood conttol districts. . Residuals reposilOries are expressly prohibited in areas subject 10 inundation by floods with I lOO-year return frequency. and should not be located in areas subject 10 flash floods and debris flows. . All other facilities and accesses 10 such facilities from major uansponation routes (state or interstate divided highways) shall be located outside the lOO-year floodplain. or areas subject 10 flash floods and debris flows. 'The risk assessment and environmental review shall analyze such hazards, Exceptions may be granted by the Oty Council if supponed by engineering and design proposals which eliminate or substantially reduce such hazards. 5. Areas subject to tsunamis, seiches, and stOI1ll surges . Areas subject 10 tsunamis. seiches, and 5101111 surges are defined as areas bordering oceans, bays. inlets. estuaries or similar bodies of water which may flood due 10 tsunamis (commonly known as tidal wives), 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 IlJDospheric pressure). or SIOI1II surges. . Residual repositories, shall be prohibited from locating in areas subject to these occurrences. The risk assessment and environmental review shaD analyze such hazards. . All other facilities shall be located outside areas subject to these occurrences. ExcepUoos may be granted by the Oty Council if supponed by engineering and design proposals which eliminate or substantially reduce such hazards. 3-50 6. Proximity 10 active and potentially active faults . An active fault is defmed 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 Npture 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 10 about the last 2 10 3 million years. and is characterized by the following: c;onsiderable length association with an alignment of iwmerous 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 10 have a minimum 2()o'foot setback from a known active or potentially active fault . All facilities regardless of proximity 10 faults. shall be constnlcted 10 seismic zone 4 building code standards. 7. Slope stability . Slope stability is defined as the relative degree 10 which the site will be vulnerable 10 the forces of gravity, such as landslide, soil creep. earth flow, or any olber mass movement of earth material which might cause a breach. c:any wastes away from the facility, or inundate the faci1ity. . 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. Exceptions may be granted by the Oty Council if supponecl by engineering and design proposals which eliminate or substantially reduce such hazards. 'The risk assessment and environmenla1 review sha11 include an analysis of such hazards. 3-51 . All facilities shall be located In areas posing minimal threats to the contamination of drinking water supplies contained In eservoirs and aqueducts. Evaluation of such 1hreaIs shall Include airborne emissions potential to contaminate surface water. 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. . Residual repositories, shall be prohibited from locating In areas subject to these disturbances. 1be risk assessment and envirorunental review shal1 Include an analysis of such potential disturbances. . All other facilities shall be located outside areas subject to such disturbances. Exceptions may be granted by the City Council if supported by engineering and design solutions which eliminate or substantially reduce such hazards. 9. Dam failure Inundation areas . Darn failure inundation areas are defined as the areas below a darn strUcture (i.e.. reservoir darn. debris basin) which would be inundated by the flow of water from the impoundment created by the dam strUcture if it were to fail. . . All hazardous waste management facilities shall be prohibited from locating within darn failure inundation areas. PROTEcr SURFACE WATER QUALITY All facilities will be required to meet federal and state water quality requirements, administered by the State and Regional Water Quality Conb'Ol Boards. 10. Aqueducts and reservoirs . Aqueducts are defined IS conduits for conveying drinking water supplies. . Reservoirs are defined as impoundments for containing drinking water supplies. .' ~ ~ 3-52 I I I I I I I I I I I I I . . , .. 11. Discharge of treated effluent . . Discharge of treated effluent is defmed as the availability of wastewater treatment facilities to accept treated wastewater (effluent). or the ability to discharge treated effluent directly into a SU'eam, Including a dry stream bed. or into the ocean through a state-pennined outfall. . Facilities generating wastewaters shaI1 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) regulations. as implemented by the Regional Water Quality Control Board, Including: . Immediately W\derlain by natural geologic materials with penneability of not more than Ixl()'7 em/see (1.24 in/yr)l. . Natural material shall be of sufficient thickness to prevent venical movement of fluid, including waste and leachate. to waters of the state for as long as they pose a threat to water quality. . Lateral movement prevented by natural or anificial barriers. In addition to the preceding siting criteria. the current SWRCB regulations also include the following construction standards: . Compatibility of the wastes with amsuuction maleJials. . Cay liner at least 2 feet thick (in addition to natural material and synthetic liner). . A leachate collection system adequate 10 collect IJId remove twice the maximwn anticipated daily volwne. . A cover adequate to prevent percolation of precipiWion through the wastes. ITht inttrpretation of this requirtmtnl by Rtgional Water Quality Control Boards nteds 10 be clarified and standardized. 3-53 " Hazardous waste facilities shall locate outside the cone of depression created by pumping well or well fieid for 90 days unless an effective bydrogeologic barrier to veltical flow exists. . I . I . I I I I ! - I ~ I I - i , I i , .! II I: I . Precipitation and drainage controls. . Seismic design. All other facilities: CuJTent 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 defmed 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. 13. Depth to Groundwater Depth to groundwater is defmed as the minimal seasonal depth to the highest anticipated elevation of underlying groundwater from the bouom of any proposed waste-containing facility. '11Ie foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to seuJement, compression. or uplift as certified bya registered civil engineer or engineering geologist registered in California. 14. Groundwater monitoring reliability Groundwater monitoring reliability is defined as the dependability of a scientifically designed monitoring program to measure. observe. and evaluate groundwater quality and flow. Where the risk assessment IJ'IJ/or environmental review have Identified my potential impactS to groundwater. In addition to required mitigation measures, I reliable groundwater monitoring program shall be required and oveneen by the City. . IS. Major aquifer recharge areas Major aquifer recharge areas are defmed as regions of principal recharge to major regional aquifers. as identified in the existing 3-54 .~ literature or by hydrogeo]ogical expens familiar with the San Diego region, Such recharge areas are typically found in: . Outcrop or subcrop areas of major water-yielding facies of confmed lqIIifers. . Outcrop or subcrop areas of confUling units that supply major recharge to underlying regional aquifers. Facilities with surface or subsurface ItOrage/lreatlDeut located within one-half mile of a potential drinking water source shall have a groundwater SlUdy conducted to determine appropriate buffer zone and mitigation measures. ] 6. Penneability of surficial materials I I I I I I I I I I I I Penneability of surficial materials Is defmed 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 penneable materials shall conduct an appropriate groundwater study, and provide for appropriate mitigation measures such as increased spill containment and an inspection program. ]7. 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 reponed 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 conwnination. The three classes are: . Ow I: Groundwater that is highly vulnerable to contamination and characterized by beinl irreplaceable (no reasonable alternative soun:e of drinking water is available) or ecologically vital (if ponuted. would destroy a unique habitat). These are designed as Special Groundwaters. . Cass II: Current or potential sources of drinking water and waters having other beneficial uses. . Cass DI: Groundwaters not considered potential sources of drinking water and of limited beneficial use (waters heavily 3-55 :- ,. .' -. saline [TDA levels 10,000 ppmD or otherwise contaminated beyond levels that allow cleanup using reasonably employed treatment methods), Facilities located In areas wbe~ existing groundwater quality is Oass I or Oass D shall conduct an appropriate groundwater impact study as part of the envirorUnental ~view. and shall provide Inc~ased spill coruinment and inspection measu~s In addition to OIher 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 basln(s) 5 miles or mo~ down-e1evation from the boundaries of the subject community(ies). PROTECT AIR QUALITY Current San Diego Air Pollution Control District (APeD) regulations implementing federal, state and local air quality regulations Including Rules 20.2 and 20.3 governing new source ~view. the APCD's standard prohibitions and Rule 5 I covering public nuisances. Rule 5 I would typically Ipply to all types of hazardous waste ueaunent facilities. The County of San Diego Department of Health Services implementation of ~sponse plans for acute and accidental hazards (pursuant to AB 3777) would also cover air quality issues. . The Oty shall Involve the APCD In the &C~ening and &Coping process for die required Health Risk Assessment on all facilities. and the risk assessment shall add~ss all potential emissions and indicate whether any have the potential to adversely affect human health and the environment. and to what extent PROTECT ENVIRONMENTALLY SENSmVE AREAS 19. ~~s FlCilities sha1l not be located In wetlands such as saltwater. fresh WIler. and brackish marshes. swamps and bogs Inundated by sulface or groundwater with a frequency to support. under normal circumstanceS, I p~valence of vegetative or ~atic tife which requires saturated soil conditions for growth and reproduction. as defined by local. regional, Slate or federal plans and JUide1ines. 20. Proximity to habitats of threatened and endangered species 3-56 - ~- I I I I I I I I I I . I . I I I . . . 21. 22. Habitats of threatened and endangered species are defined as areas known to be inhabited pennanentIy 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 sha1I not be located within critical habitat areas. as defined in local, regional. state or federal plans. Natural, recreational. cultural. and Ie5thetic resources Nablral. JeCIeational. culblral. IIId aesthetic resources are defined as public and private lands having local, regional. state. or national significance. value, or imponancc. These lands include national. state. regional, county. and local patts and recreation areas. historic resources. wild and scenic rivers, scenic highways. ecological preserves, public and private (e.g., Nablral Conservancy Trost for Public Lands) preservation areas, and other lands of local. regional, state, or national significance. All facilities sha1I avoid locating in. or near 1hese areas. The risk assessment and envirorunental review sha1I identify 1hese resources proximate to the facility and its major transponation routes. Pursuant to demonstrated necessity. and at the discretion of the City Council, some facility operations or transponation routes may be allowed within unused or compatible portions of cenain public lands. Prime agriculblral lands Prime agricu1b1rallands, 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 shal1l1Ot be sited SO as to preclude extraction of minerals ncms''Y to sustain the economy of the Stale. 24. Public facilities and military reservations Public facilities IIId military reservations are defined as lands owned by federal. state, county. or local govenunents on which facilities used to supply public services and Depanment of Defense (DOD) bases and installations are located. In particular, these llIIds would Include highway mailllelWlCe and storage areas, airports, city or 3-57 COlDlty corporation yards, waste disposal facilities, ICwage tn:abnent facilities. state'school lands (lands deeded to the state when California was admiued to the Union), and military bases and installations, It is the policy of the DepaJ1ment of Defense that military Iarid shall DOt be considered for public hazardous waste management facilities, However. the military currently has hazardous waste trealment and IIOrage 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 V.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 trafficltransportation study as pan of the envirorunental review and risk assessment for all facility proposals; which study shall 8CCOlDlt 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 generation Proximity to areas of waste generation is deflDed as the travel time from the major marxet areas of waste generation to the proposed facility. All facilities except residuals repositories by vinue 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 transponation time. including loading and unloading, from any major marlcet areas would not exceed one day, with the majority of the driving time spent on major routes (state and interstate divided highways). Total transponation costs for incineration facilities should represent a modest portion of the total cost of using IUCh facilities including drop charges. I I I I I Transfer facilities should be located within each major area of waste generation to encourage maximwn use. 3-58 , .-"" - " - T". " Alternate transpOrtation by rail may be evaluated in regard 10 specific locations for feasibility and efficiency. In comparison with multiple small facilities. economies of scale for a single centralized facility may offset the additional transpOnation cost. 26. Distance: from major route Distance from a major route is defined as the distance along a minor route (city street, boulevard. or wldivided highway) that a truck must travel 10 reach the facility after leaving the major route (state or interstate divided highway). Distance: traveled on minor roads should be kept 10 a minimum, Facilities are best located near an exit of a major route. Only locations adjacent 10 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 10 build a direct access road 10 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 sha1l evaluate the "population It risk" based on the Federal Highway Administration's Guidelines for Applying Criteria 10 Designate Routes for Transporting Hazardous Materials. The population It 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 cunailed during peak use by IUtomobiles, school traffic, etc, 3-S9 ~ - Zg. Highway accident rate The highway accident rate is defined as the OCCUlTellce of minor to fatal accidents per vehicle miles traveled. as recorded by the California Department of Transportation. The minimum time path from major martet areas to a facility should follow highways with low to moderate average annual daily traffic and accident rates, as guided by the research and fmdings of state, regional, county. and city uansportation planners. Specific highway segments may be scbeduled for CAL TRANS improvements which may decrease highway accident rates. Hazardous waste transportation could be cunailed during periods of greatest automobile traffic. The facility developer should work with the region. county. and city uansponation 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 lIUIual daily traffic should be negligible after calculating the number of tnlcks 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 soaAL 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 cauomia Health and Safety Code. the consistency of any proposal with the General Plan, Specific Plans. :rolling ordinances. and other applicable programs sha1l be based on their provisions as in 3-60 MI place at Ihe time Ihe usociated applicaUon for a land use decision is accepted 15 complete. . The proposed facility should be sited at one of Ihe most consistent locations within the City 15 reflected in the General Plan. Specific Plans. zoning ordinanCeS. and other applicable planning programs. . The evaluation of consistenCy shall be based directly upon &be provisions of the General Plan, Specific Plans and zoning ordinanceS in effect. and shall not take inIo consideralion any mitigation measures proposed by Ihe 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 l1IIendment to the General Plan. 31. Direct revenue to the City Direct revenue to the City is defmed 15 Ihe present wonh of the dollar l1IIooot of lMual propeny W revenue and any other direct payments (e.g.. local usage and per capita wes. hazardous waste wes) thal the facility will contribute to the City during the period of constrUction and the facility's operating life. I I I I I I . . . The proposed facility'S power for w and revenue generation relative to both current site users and other reasonably prospective site users in terms of I1IIOunt. stability. and cost to the City should not show a net loss. The City may consider compensation programs which could offset projected losses either directly or indirectly, 32. 0Ian&eS in employment OIanges In employment are defined 15 &be toIal number of permanent full- and pan-time jobs resulting from Ihe c:onsuuction and operation of the facility. including Ihe IIIIDber of each type of job expected to be followed by local residents, If !his clearly is an issue causing disagteemen1 between &be facility developer and Ihe community, then &be developer shall fund an independentllUdY of &be Issue. 3-61 " ~ If the number of jobs accounts for a significant portion of employment in the area, then the developer should provide approprialeprograms to address the lOCio-economic and public Im'ices impacts on the community. . . . . . . I . , ,I I , -I I '.I - ~ ~ , . The developer and tile City shall agree beforehand on the scope of the study and who will conduct it The sophistication of the study methods shall be appropriate to the nature and size of the facility and die City's degree of concern with die particular issue. 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 pan founded upon the (Fair Share "Principles") and (Fair Share "Formula") discussed on pages IX-3S to -37 of the COHWMP, and as may be amended from time to time. 11Iose Principles and Formula are designed to require each county to fully address its waste U'eaunent needs through either siting facilities within its borders, and/or establishing intergovernmental agreements for treabDent capacity a1 facilities in other counties, The basis for ,the Principles is that the level of waste generation in most jurisdictions, and in some instances county-wide generation for cenain waste streams, is less than that necessary to suppon an economically viable waste treaID1ent facility. Therefore, not all jurisdictions will be host to a facility,lnd many facilities will likely serve industry throughout the county, as well as neighboring counties. As similar situations exist in most other 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 jurisdiction or subregional area is excessively burdened with responsibility for county-wide or multi-county . lreabDent needs, the Principles and Formula encourage facility siting where there is a substantial unmet need for the type of U'eaunent which die facility would provide. The Formula provides an allocation of needed large and small facilities among Southern California counties based on their waste generation, . with the intent that sites be sought as close to die major generating sources as possible. Through the application of these fair share concepts, assurances can be made that all cities and counties equitably share in the responsibility for proper treatment and disposal of their entire waste stream. The Fair Share Principles and Formula have been adopted as pan of the COHWMP, and are 10 be considered by local jurisdictions in making facility siting decisions. The City recognizes the COHWMP's Fair Share Principes and Formula, and will apply them in a fair share evaluative process when reviewing applications fOl new 01 expanded hazardous waste facilities. It is the Fair Share Principle of the City of OIula Vista that, assuming all other criteria for the siting and sizing of a hazardous waste facility have been satisfied, including compliance with die COHWMP's Fair Share Principles and Formula, die City should .' ,- . r 3-62 J ---~-~.- --- grant such permits as are necessary for die tiiting of such a facility of a proposed size within Its jurisdiction If die IIpplicant submits evidence convincing to die City consistent with one of die following: (1) the facility is necessary to treat hazardous waste in an amount, and of a type and health risk. which Is in approximately proportional relationship to die amount, type and health risk of hazardous waste generated within a . reasonable service area of die proposed facility, based on the location of die generating sources proposed to be served in comparison to substantially wunet needs within San Diego County and lIS subregions ("Service Area Generation"); or, (2) die facility is necessary to be sited and sized in 1be manner proposed in order to anain a minimum level of economic viability ("Minimum Economically Viable Size"), even though the facility proposes to treat waste in excess of the Service Area Generation; or, (3) die facility is necessary to be sited and sized in the manner proposed because there are no other locations within the county-wide area capable of permitting 1be siting of the facility, and/or die use of intergovenunental agreements to address all or a portion of die amount of wastes proposed 10 be treated is infeasible ("Absence of Feasible Alternates"), even though the facility proposes 10 treat wastes in excess of the Service Area Generation and is larger than die Minimum EconomicalIy Viable Size; or ' I I I I I I (4) Regardless of the fact that the facility proposes 10 treat wastes in excess of the Service Area Generation. is larger than the Minimum EconomicalIy Viable Size, and there is not an Absence of Feasible Alternates. the Oty will site the facility within Its borders, unless die Oty has already accepted a fair and reasonable share of other regional serving land uses generally considered adverse, Including but not limited 10 prisons or jails. landfills, and power plants, otheawlse existing within die County. In order 10 facilitate the fair share evaluation. the Oty Iha1l require submission of the following information: I) The proponent Iha1l identify die location of waste sources. and the respective volumes of the particular waste stream(s). by generalized tIeatIIIent method ("GTM"). from each of those sources it proposes 10 serve. including those specificalIy known at the time of IIpplication. as well as those estimated in the future. 3-63 / 2) For each county within which a source is identified above, the proponent shall be required 10 submit the following data: a. current existing and projected county-wide waste generation. and treattnent needs by GTM. by subregion, The subregions shall be those as identified in the respective County's Hazardous Waste Management Plan. b. an invenlory of existing treatment facilities and their capacities by GTM. Said invenlory should indicate whether any of that capacity is sutplus based, on exiting treattnent volumes, c. all existing effective and pending intergovernmental agreements with other counties, including the amount and type of wastes involved. by GTM. and the affected treattnent facilities, J I I I I I I . I 3) The proponent shall indicate and document the minimum facility size. by waste stream. necessary 10 ensure the economic viability of the proposed facility. 4) In such case as a facility is proposed pursuant 10 the City's fourth fair share scenario. the proponent shall submit a map indicating the current location and distribution within San Diego County of those regionally serving land uses generally considered adverse, including but not limited 10 those listed. In addition, the City may survey the efforts put forth by the communities from within which the involved wastes are being generated, 10 recognize treattnent responsibilities and reduce their off-site treabnent needs through promoting on-site treattnent and waste minimization. Based on an analysis of the above noted infonnation, the City shall identify any concerns with respect 10 fair share concepts, and as appropriate shall require mitigation through conditions of use limiting !he volumes or types of wastes 10 be received. and/or by requiring compensation/incentive programs 10 be eslablished. PrCJCeSSin& and Permittine Application of the various policies and criteria 10 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 10, application processes. submittal requirements for enviromnental reviews. risk assessments and conditional use 3-64 permits. coordination and involvement of Stale and local agencies and the Local Assessment Commince, facility operational controls such IS emergency contingency plans and monitoring programs. and local enforcement provisions. MEMO FROM CONSERVATION COORDINATOR MEMORANDUM October 25, 1994 TO: FROM: SUBJECT: Cneryl Dye. Economic Development Manager ,- ' Michael T> Meac.bam, Conservation Gooroinator ~ Resource Recycling Technologies, a Waste Water Tre~fmro.ot Facility Resource Recycling Technologies (RRT) is proposing to site a waste wat.er treatment facility in Chula Vista that will serve the greater San Diego County area. There primary markets arc car wash sludge, restaurant grease trappings, septic tank sludge aDd bilge, CUl'l'attly, responsible generators contract with hauling companies that transport most of these materia1s to Los ADgeles County and other distant locations where they are treated and recycled into new products or disposed, Their are some irresponsible generators that create sever envir<1lw.ooAJt.j.1 problems I?y improperly disposing of !bese roarerlals in local storm drains and waterways. A major component of the waste water treatment process is removing and dcbydrating solids. Ordinarily, the solids are not burieclln the same type of landfills tbat contBln numlcipal solid waste and the process is exempt fTom the CaIifomia Integrated Waste MaDagcmem Act of 1989 (An 939). U1XIer AB 939. the City of Chula Vista is required to divert or reduce its total annual waste sent to landfills 25% by 1995 and 50% by the year 2000%. RRT is proposing an "improved" technology that cleans !be water and solids in a IDIIIIDCf that allows the solids to be safely disposed of In a landfill. RRT's business plan estimates that the facUity would gellCl'8te and laOOfill approximately 8,000 tons of solids pee year of operation. ,By landfilling its solids RRT would be adding apJIfOxlmatloly 8,000 tons of wasI'e to the Ciqt's annual waste generation and jeopardize its progress towards meeting the 25 % and SO$ m~M~1'P1I goals. To put that in pexspective, RRT's annual disposal estimate is greatcr tIW1 the diversion currentJy achieved by the City's curbside aDd multi-ramlly recycliDg programs. ImT'c proposed disposal would negatively offset the benefit of both programs. If RRT were to recycle. compost or reuse at least 50% of the solids generated, In some JMnnM other than burning, the facility woold have a nentral impact on the City's solid was~ 'diversion goals. If the faclli1y recycles IIIOIC than 50% of tis sol Ids It could have a positive Impact 011 solid waste goals. Addjtionally, a cost effective, local u-- facility could help to RXIucc 01' eliminate improper disposal. F\na1ly. It would be to ImT's best interest to identify and use an alternative to local disposal. Locallaodfill prices for C\uJla Vista are cum:nt1y $74 pet ton aDd may go as high as $130 per ton by 1~ 1995. It would cost RRT})etweeD $600,000 and $1,000.000 per year to landfill their .sollds 1oeal1y.cRRT'slnitialdiscwlslonswith Qrganics Recycliog W.est, a local composting finn. suggests that an appropriate compostiDg tacJ.lity oould be built and operated for moch 1ess~i&'I am" wmfurtable supportiog this projCl.:t. from a solid waste perspecti\le, if RRT is willing to accept a 50')1, or ereater monrhIy recycling rcquirc:ment as.a condition of their permit. Tn '.1 R!!RGRG 'ON Xij~ HMnd-ij1SI^ VlnHa ~ Alia 80 :01 301 \16-52-100 DISCLOSURE STATEMENT , --D=T-e5-'94 !oED 14:42 T ~ITY CF QU.A VISTA 1EL. NJ:CITY JE ~-I..LA VISTA 11524 P03 , THB ern' OF aN1A VISTA DJSa.OSUU ITA11IMIINT . . ~Oll 1ft IOqlllrllCl '0 tile II ...ICIIIICDI or DIIdoIurc or IIIOIUID OWIIcnhfp or llnaal Inl_1I, paylllClllI, or .mpalpl wnlrtlt\lllo.... OD all _"" wbk:\I wlU IOIjlllra dIIaOtlollU'1l1Ctlon on llIe pan or the ClI)' CoIIDCll, '......1"1 Ca "'Ion. ud 111 odIer oftIcIaI bodlClo TIle I\1UGWIftI \Dr~_ ..1 IMI d\lGlolOd: , 1. LIlt die u_ of aU perlCJDI haYlDl a fblUdal \Dlens! \D lbe property MIdI II \lie IIIbJfICt or \lie 1pfIUc:at101l or die _Iract, ..... _. appilc:alll, CIODU'III:IOr. nboDa\IaCUII. "liriallllPpllor, . Western Salt Companv. a California corporation Rp:~nnr~p 'Rp~nv,:tT"" "'~,..},n; rrnoC'! . Inc., a Nevada corporation . . 2. It III)' perIOD. Idcnllllecl pllRII&DllO (I) IIKM II a corporation or panlllllblp,lIIl ,lie .... or alllDdMdtlllll OWIIID& .ore thaD lOW> 01 \he IharcIllllhc corporallon or on1nI Iny partDCnblp 1a1UCl11e ,be parIIICCIbIp. Henrv F. Hunte David Bidelspach Donald pitt . Richard Bloch~ 3. U all)' porIOD. IcIcnllOlICI plllllllDI 10 (I) above IlIOII.proDI orpDlJal1Oll or a trDIl, .... \lie .... or 1\1)' penoe """DI" dll'llCtor or \he DOII-proDI orpIIIJalloa or .. V\IIIeC or ~ or UIIMOt ofllle trDI" . 4. 11M 1011 blcllIIOI'e lbaD S250 worth of lIas\DeI.\ ir&UlCled wI!laDy metllber of llIe a" 1IIII',IIoIJdI. CDIP",IH"""', QI\lIINUees. tlllI OoIlftCII wlllIID \lie pasl twe/W IIIOftUll1 VDI_ lIIo>>lr,a. pICIIC btdlcalC porIOII(.): 5. P\OatC kIoIIllti eac\I kDd every penal, IIICIlldlllllay IFII'" -~ 11111111111811, or Iad,pcadoalClODIniG\OII$ JOIIIIaYe lUIIJIed 10 roprelGlIl )'1111 IIcI'Drt \he al1 II dill mailer. Allen Jones "".ark Schneider Paul A. Peterson Data: lO/12/94 re diu 11,000 to . CDlIdI,.-W Ie till ....-t.): 6. HM ~1I1IIdIor ~lIr ollaR or -aeoll, II 1M apple, IIIOutbulad amaat or p~l,,& ellClloII period' y__ ND~ If JIlt &lite INC SIIIIIUIC 0( &DDUICIOrlapplklll By: Mark Schneider, Vice president 0 PrlDl or tn" \I11III of WDInGIDr/IppUGU' Corporate Development '. fllElllI*JI*oI'lt ..,~j\III\~,..,......,ualJrl " ~aodM...~..,.tIMIl"'......- ......,.."...~....1 ,,*.w.. """..... .. _....". .. _d,r '-'1 ....." """,MJtIHl r . ~....... ".. """"." .../I'~- ......... -- ..