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HomeMy WebLinkAbout1922 ORDINANCE NO. 1922 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A TITLE 5 TO DIVISION 6 PART 5 OF CHAPTER 2, ARTICLE IX OF THE ARCADIA MUNICIPAL CODE TO REQUIRE CONDITIONAL USE PERMITS AND CONSISTENCY WITH THE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN FOR HAZARDOUS WASTE FACILITIES IN THE M-I AND M-2 ZONES OF THE CITY WHEREAS, in 1986 the California Legislature enacted AB 2948, "Hazardous Waste Management Plans and Facility Siting Procedures"; and WHEREAS, the purpose of the legislation is to insure that the siting and management of hazardous waste facilities are safe, effective and for the management of hazardous waste as well as insure that the public health and environment are protected from such facilities; and WHEREAS, pursuant to this legislation, the County has prepared and adopted a Hazardous Waste Management Plan; and WHEREAS, on February 7, 1989 the city Council of the City of Arcadia did approve the County's Hazardous Waste Management Plan (CoHWMP); and WHEREAS, section 25135.7 (c) of the California Health and Safety Code, requires that within 180 days of the State Department of Health Services approval of the CoHWMP, cities are to take specific action which includes enactment of an ordinance requiring that all applicable zoning, subdivision, conditional use permit and variance decisions are consistent with the portions of the final CoHWMP which identify general areas or siting criteria for off-site hazardous waste management facilities; and 1 1922 WHEREAS, the CoHWMP dated September 1988 was approved by the State Department of Health Services on November 30, 1989; and WHEREAS, copies of the final CoHWMP are available at the Office of the city Planning Department, Public Works Department and city Clerk's Office; and WHEREAS, subj ect CoHWMP is submitted as part of this Ordinance to be incorporated by reference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. A title 5 is hereby added to Division 6, Part 5 of Chapter 2, Article IX of the Arcadia Municipal Code to read as follows: TITLE 5 - HAZARDOUS WASTE FACILITY AND PROJECTS 9266.5. PURPOSE. The purpose of this Ordinance is to establish uniform standards in order to control the location, design, and maintenance of hazardous waste facilities and to protect the health, quality of life and the environment of the residents of Arcadia. 9266.5.1. DEFINITIONS. "Hazardous waste facility" or "facility" is defined pursuant to Health & Safety Code section 25117.1. "Hazardous waste facility project" is defined pursuant to Health & Safety Code Section 25199.1(b). 9266.5.2. ZONING/CONDITIONAL USE PERMIT. All hazardous waste facility projects may locate only in M-l or M-2 Zones, subject to approval of a conditional use permit, pursuant to the requirements 2 1922 of this Title and Division 5 of Part 7 of this Chapter. 9266.5.3. CONSISTENCY WITH COUNTY HAZARDOUS WASTE MANAGEMENT PLAN. The application of any land-use decision (conditional use permit) with regard to an applicant for a hazardous waste facility or project shall be subject to all local land-use laws and procedures as set forth in the Arcadia Municipal Code for the proposed site and the County Hazardous Waste Management Plan. All applicable permit or conditional use permit requirements of the City with regard to hazardous waste facilities shall be consistent with those portions of the approved County Plan which identify general areas or siting criteria for hazardous waste facilities. 9266.5.4. COUNTY PLAN. The County Hazardous Waste Management Plan (CoHWMP) referred to herein, is that Plan approved by the State Department of Health Services on November 30, 1989, copies of which are on file in the office of the city Clerk and Public Works Department. This Plan as it now exists or may be amended is hereby adopted and incorporated by reference as part of the Arcadia Municipal Code. 9266.5.5. CITY REQUIREMENTS AND CONDITIONS. Nothing set forth herein nor any requirement incorporated by this Ordinance shall limit the authority of the City to attach appropriate conditions to the issuance of any conditional use permit for a hazardous waste facility in order to protect the public health, safety or welfare, and does not limit the authority of the City to establish more stringent requirements or siting criteria than those specified in the CoHWMP. 3 1922 SECTION 2. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 15th day of May , 1990. 71?7t7A~/~YlV~ Mayor of e t of Ar dia ATTEST: ~ - c't '~l$r~~of f Arcadia ..:..:::.:~-. -:.- STATE :6'F ::cALfFORNIA~ ) COUNTy~,OF'LOS ANGELES ) SS: -. \' -- ~ - -. - ..... CITY OF,ARCADIA (,; ) "- .<-~~,,,: I;--J~ED'.:'--ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1922 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 15th day of May 1990 and that said Ordinance was adopted by the following vote, to wit: AYES: Counci Imerrber Ciraulo, Fasching, Harbicht and Young NOES: None ABSENT: Counc i Imerrber Gi Ib ~ Arcadia ci 4 1922