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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
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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
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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.
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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:
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c't '~l$r~~of f Arcadia
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STATE :6'F ::cALfFORNIA~ )
COUNTy~,OF'LOS ANGELES ) SS:
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CITY OF,ARCADIA (,; )
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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
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Arcadia
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