HomeMy WebLinkAboutOrd 1992-2519 ORDINANCE NO. 2519
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA EXTENDING, AS AN INTERIM AND URGENCY MEASURE, A
MORATORIUM ON THE ISSUANCE OF ANY LAND USE PERMITS, FOR
A PERIOD OF 10 MONTHS AND 15 DAYS EXCEPT UPON CONSENT OF
COUNCIL, FOR USE OF LAND AS A HAZARDOUS WASTE FACILITY
WHEREAS, the City Council adopted Ordinance No. 2513 on May 12, 1992, as
an urgency measure, establishing an interim forth-five {45) day moratorium on the
application for and issuance of any land use permit for facilities handling
hazardous wastes in the City of Chula Vista; and,
WHEREAS, the forth-five (45) day moratorium established in Ordinance No.
2513 will expire on June 26, 1992; and,
WHEREAS, the purpose of the moratorium was to provide the City with time
to evaluate the County's Hazardous Waste Management Plan and to develop its own
requirements and siting criteria necessary for operating or expanding hazardous
waste facilities as mandated by the Tanner Act, Health & Safety Code §25135.7.
These siting requirements and siting criteria are important in maintaining and
protecting the health and safety of the City's residents; and,
WHEREAS, Staff from the Planning Department, City Attorney's Office, and
City Manager's Office have met and conferred on a regular basis to develop a
local Hazardous Waste Management Plan and appropriate regulatory scheme for
implementation; and,
WHEREAS, City staff will have completed their review and development of a
local Hazardous Waste Management Plan to be incorporated into the City's General
Plan within the forty-five {45) days prescribed by Ordinance No. 2513 and within
the 180 days prescribed by the Tanner Act or July 6, 192; and,
WHEREAS, despite the best efforts of City staff, the City will not complete
the regulatory scheme and implementing ordinance prior to Ordinance No. 2513's
June 26, 1992 deadline because of the complexity of the Tanner Act, the size of
the County's Hazardous Waste Plan, the need to comply with the California
Environmental Quality Act, and to provide for public review; and,
WHEREAS, a moratorium extension is necessary to maintain the public safety,
health and welfare because of the continuing risk a hazardous waste operator may
claim an entitlement to a permit under existing regulations, without the
application of requirements and siting criteria under the City's prospective
Hazardous Waste Management Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The moratorium established pursuant to Ordinance No. 2513 is
hereby extended and shall remain in effect for a period of ten
{10} months and fifteen {15} days after the adoption of this
Ordinance No. 2519
Page 2
Ordinance, unless otherwise shortened or extended by
ordinance.
SECTION 2. The City Planning Commission and City staff are hereby
directed to continue their preparation of a City Hazardous
Waste Management Plan establishing planning and processing
requirements and siting criteria for hazardous waste
facilities for the City of Chula Vista.
SECTION 3. The City staff is hereby directed to prepare, on behalf of the
City Council, a written report describing the measures taken
to alleviate the condition which led to the adoption of this
ordinance, and to file such report in the office of the City
Clerk ten {10} days prior to the expiration of the first
extension established by this ordinance.
SECTION 4. A current and immediate threat exists to the public health,
safety and welfare because without a local Hazardous Waste
Management, the City may be deprived of authority to site,
plan and establish processing requirements for hazardous waste
facilities, including critical distances from residential
communities. The approval of any future permits without such
a plan could result in the hazardous placement and/or the
imposition of inadequate conditions affecting a hazardous
waste facility, thereby threatening the public safety, health
and welfare. Further facts establishing urgency are forth in
the recitals of this ordinance.
SECTION 5. The City Clerk shall certify 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
§311{d); shall cause the same the to be entered in the book of
original ordinances of the City; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council 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, a newspaper of general circulation,
published and circulated in the City and which is hereby
designated for that purpose.
Presented by Approved as to form by
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Ordinance No. 2519
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 30th day of June, 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:
Beverly~. 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. 2519 was approved as an urgency
measure at a regular meeting of said City Council held on the 30th day of June,
1992.
Executed this 30th day of June, 1992.
Beverly A/Authelet, City Clerk