Loading...
HomeMy WebLinkAboutOrd 1992-2513 ORDINANCE NO. 2513 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPOSING, AS AN INTERIM AND URGENCY MEASURE, A MORATORIUM ON THE ISSUANCE OF LAND USE PERMITS, INCLUDING CONDITIONAL USE PERMITS, FOR A PERIOD OF 45 DAYS EXCEPT UPON CONSENT OF COUNCIL, FOR USE OF LAND AS A HAZARDOUS WASTE FACILITY WHEREAS, the County of San Diego ("County") notified the City of the State's certification of the County Hazardous Waste Management Plan on January 6, 1992, pursuant to the Tanner Act, Health & Safety Code §25100 et seq., which provides important siting criteria and planning requirements for hazardous waste management; and, WHEREAS, the Tanner Act, Health & Safety Code §25135.7, requires the City either (1) adopt our own Hazardous Waste Management Plan, (2) incorporate the additional and more stringent ~lanning criteria required by the City, or enact an ordinance which requ3res that all applicable zoning, subdivision, conditional use permit and variance decisions are consistent with the criteria of the County's Hazardous Waste Management Plan, one of which is required to be done no later than 180 days after notification of approval of the County's Plan, or approximately July 6, 1992; and, WHEREAS, the City is currently evaluating the County's Hazardous Waste Management Plan and is developing its own requirements and siting criteria critical to the proper siting and operation of hazardous waste facilities operating or expanding, or which are proposed to operate or expand, within the City. These requirements and siting criteria are important to maintaining and protecting the health and safety of the City's residents; and, WHEREAS, there exists within Chula Vista a current operator ("Operator") of a hazardous waste facility ("Facility") that was recently issued a permit by the State Department of Health Services ("DHS Permit") to significantly expand same, despite the fact that said Facility is within 2,057 feet of a residential community; and, WHEREAS, although the City believes that said Permit was improperly granted, and is appealing same to the State DHS, there is the risk that said Operator wilt request a conditional use permit during the effective period of this moratorium to accommodate its planned expansion of said Facility; and, WHEREAS, in the absence of having the appropriate City Hazardous Waste Management Plan, there is the risk that said Operator will claim entitlement to a CUP under the authority of existing rules and regulations, without having the benefit of the planning, processing and siting criteria that will be established under the City's prospective Hazardous Waste Management Plan, and if such claim were to be honored by a Court, there would be a significant threat to the health, safety and welfare of the City residents immediately adjacent thereto; and, Ordinance No. 2513 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. There is hereby established an interim moratorium, for the term herein specified, on the application for, or issuance of any zoning, rezoning, land use permits, conditional use permits, variances, and building permits (collectively "Permits") for facilities handling, transferring, storing, treating or disposi~t of hazardous wastes (as defined under Federal and State La in the City of Chula Vista, except that an application for such Permits, not the issuance of Permits, may be allowed upon application to and approval by the City Council, on a showing of hardship, and then only by written resolution of the City Council permitting such application and on such conditions as the City Council shall deem just. Nothing herein shall be construed to allow the issuance of Permits during the pendency of this moratorium. In the event that the City Council grants permission to file an application for Permits during the pendency of this moratorium, it shall impose as a minimum condition of said permission, among such other conditions it deems appropriate, that if any Permit is eventually granted, the permittee shall comply with, and the City shall have the right to impose on such Permit retroactively all criteria, including siting criteria, established in the City's Hazardous Waste Management Plan without cost to the City. SECTION 2. That said moratorium shall remain in effect for a period of forty-five (45) days after the adoption of this Ordinance, unless otherwise subsequently extended by ordinance. SECTION 3. The City Planning Commission and City staff are hereby directed to continue their preparation of a City Hazardous Waste Management Plan establishing therein planning and processing requirements and siting criteria for hazardous waste facilities appropriate for the City of Chula Vista. SECTION 4. The Staff is hereby directed to prepare, on behalf of the City Council, a written report describing the measures taken to alleviate the condition which has led to the adoption of this ordinance, and to file same in the Office of the City Clerk ten days prior to the expiration hereof. SECTION 5. That this ordinance affects public safety, health and welfare of the City of Chula Vista and its inhabitants and therefore shall take full force and effect immediately upon final passage and adoption thereof. The facts establishing an emergency are as stated in the recitals to this ordinance, and that implementation of a Hazardous Waste Management Plan is necessary to supplement existing regulation of hazardous waste facilities and that without such a Plan, the health, safety Ordinance No. 2513 Page 3 and welfare of the City's residents would be compromised because the City may be deprived of the authority to site, plan and establishing processing requirements for Hazardous Waste Facilities, and without same, Hazardous Waste Facilities may be sited in any industrial zone and without adequate separation from residential communities. SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance by a vote of at least four-fifths of the City Council of the City of Chula Vista pursuant to Charter Section 311(d); shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published in the Chula Vista Star News, a newspaper of general circulation, published and circulated in said City and which is hereby designated for that purpose. Presented by Approved as to form by R A. Leiter ruce M. Boogaard Director of Planning ~ity Attorney Ordinance No. 2513 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of May, 1992, by the following vote: AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~.'-"""'~__~ Tim Nader, Mayor ATTEST: Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2513 was approved as an urgency measure at a regular meeting of said City Council held on the 12th day of May, 1992. Executed this 12th day of May, 1992.