HomeMy WebLinkAboutMINUTES - 10151991 - 1.19 TO: BOARD OF SUPERVISORS
Contra
FROM: HAZARDOUS MATERIALS COMMISSION Costa ,
nl 'S
October 9, 1991 eco _ -, .-�PCounty
DATE:
ORDINANCE ON LAND USE PERMITS FOR DEVELOPMENT PROJECTS
SUBJECT: INVOLVING HAZARDOUS WASTES OR MATERIAL
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Introduce the attached Ordinance amending Ordinance Code Chapter
84-63 regarding Land Use Permits for Development Projects
Involving Hazardous Waste or Material, waive reading and fix
October 22, 1991 for adoption of the Ordinance.
BACKGROUND:
Early this year, it was brought to the attention of the Hazardous
Materials Commission that the current definition of "store" in
the Ordinance governing Land Use Permits for Development Projects
Involving Hazardous Waste or Material (Ordinance 86-100, as
amended) was potentially inconsistent with the original intent.
The Ordinance could be construed to allow certain "loopholes" ,
which could result in large development projects not being
required to apply for Land Use Permits.
Specifically, the Commission was concerned that development
projects proposing to store quantities of waste in excess of the
trigger limits of the Ordinance might not be required to apply
for a Permit because the Ordinance could be interpreted to
. provide an exemption for waste stored for less than 90 days.
In order to clarify the Ordinance, the Hazardous Materials
Commission recommends that the definition of "store" (section
CONTINUED ON ATTACHMENT: YeSVES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON October 15, 1991 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED October 15 , 1991
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
BY0L
DEPUTY
M382 (10/88)
84-63 . 414) be modified to delete all exemptions. Therefore, any
proposed new project or substantial expansion that would store
waste or material for any length of time in quantities greater
than those specified in the Ordinance would be required to apply
for a Land Use Permit. This Ordinance was developed with the
assistance of the Community Development Department and Health
Services Department staffs.
The Ordinance would also make six technical changes:
1. Section 84-63 . 802 would be amended to require the Director
of Community Development to notify the Board of Supervisors
when an Application for Applicability Determination or
Certificate of Exemption is deemed complete.
2 . Section 84-63 . 808( 3) (a) would be amended to allow certain
construction or demolition activities of limited duration.
3 . A new paragraph, 84-63 . 808( 4) would be added to require the
Zoning Administrator to make a decision upon an application
for an exemption within 60 days from the date that the
application is deemed complete.
4. Section 84-63 . 812 would be amended to require that all
decisions be summarized on an agenda of the County Planning
Commission within 30 days of the decision.
5. Section 84-63 . 813(b) would be amended to require at least 5
notices concerning the Zoning Administrator' s hearing for
granting an exemption be posted within one mile of the
proposed project.
6. Section 84-63 .813(c) would be amended to require direct
mailing of such notices to owners and occupants of property
within 300 feet of the Assessor' s parcel on which the
proposed project is located.
The proposed Ordinance was approved by the Hazardous Materials
Commission with one dissenting vote on May 22, 1991.
Included solely for informational purposes as Attachment # 1 is a
copy of Ordinance 86-100 as amended by Ordinance 90-92 with the
additional changes which are now being recommended highlighted
with strike-throughs or underlining. This document is not
intended to be attached permanently to the Board Order.
Attachment # 2 is the actual proposed Ordinance - which is for
adoption.
Attachment # 3 is the CEQA Notice of Exemption prepared by the
Community Development Department.
cc: County Administrator
County Counsel
Hazardous Materials Commission (Via HSD)
Health Services Director
Community Development Director
Barbara Masters, Staff to the Hazardous Materials Commission
1.3o
ORDINANCE NO. 91- 49
(Land Use Permits For Development Projects
Involving Hazardous Waste or Material)
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the enacted or amended
provisions of the County Ordinance Code) :
SECTION I . SUMMARY. County Ordinance Code chapter 84-63
requires land use permits for specified development projects
involving hazardous waste or hazardous material in the L-I light
industrial, W-3 controlled heavy industrial, and H-I heavy
industrial land use districts . This ordinance amends County
Ordinance Code chapter 84-63 to amend the definition of storage
of hazardous waste or hazardous material, and to clarify and/or
modify specified requirements .
a SECTION II . Section 84-63 . 414 of the County Ordinance Code is
amended, to change the definition of the term "store, " to read:
84-63 .414 Store . "Store" means an act to contain hazardous
waste or hazardous material, either on a temporary basis or for a
period of years, in such a manner as not to constitute disposal
or use of such hazardous waste or hazardous material .
(Ords . 91- 49 § 2, 86-100 §5 . )
SECTION III . Section 84-63 . 416 of the County Ordinance Code is
amended, to correct a clerical error in the definition of the
term "substantial expansion, " to read:
84-63 . 416 "Substantial expansion. " ( 1 ) "Substantial
expansion" means any of the following:
(a) A physical modification of any existing facility
that will result, in that portion of the facility to be
physically modified, in:
1 . An increase or cumulative increase of at
least 10 percent of the amount of hazardous waste managed, or 25
percent of the amount of hazardous material managed; and
2. An increase or cumulative increase of more
than 2, 000 tons of hazardous waste managed, or more than 12,500
tons of hazardous material managed, which amount is in excess of
- the amount of such waste or material managed per year as of
January 8, 1987 . Cumulative increase is defined as the sum of
all related increases occurring in the facility since January 8,
1987 .
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May 9, 1991 ORDINANCE NO. 91-
(b) Any physical modification of an existing facility
which will result in the management of 10,000 tons per year or
more of hazardous waste in that portion of the facility to be
physically modified.
(c) The modification of an existing off-site,
commercial hazardous waste facility such that transportable
treatment is used to process in excess of 4 , 000 tons of hazardous
waste per year or is physically located on the site for more than
a total - of 180 calendar days per year.
(2 ) For purposes of computing tons of hazardous waste for
this definition, the aqueous portion of any wastewater stream
containing less than one percent (1% ) by weight of hazardous
waste constituents shall not be included in the computation of
the amount of .hazardous waste managed provided such constituents
are removed from such an aqueous stream or are otherwise treated
on site to render the waste non-hazardous and provided such
hazardous waste constituents contained in such aqueous streams of
the entire development project or substantial expansion are 100
tons per year or less . This computation shall be based on the
total capacity of the development project or the substantial
expansion. This method of computing tons of hazardous waste
shall not be utilized where the aqueous stream is an extremely
hazardous waste as determined by the California Department of
Health Services .
( 3 ) A "Substantial Expansion" does not include:
(a ) Pipelines and related equipment, with the
exception of storage tanks , or
(b) Any project that consists only of maintenance,
repair, replication, or minor augmentation of existing equipment
and that does not require the issuance of a building permit.
(Ords . 91- 49 § 3, 90-92 § 4 , 86-100 § 5 . )
SECTION IV. Section 84-63 . 802 of the County Ordinance Code is
amended, to provide notification to the Board of Supervisors of a
completed application, to read:
84-63 . 802 Application for Applicability Determination or
Certificate of Exemption. Any person proposing a development
project or a substantial expansion which may be used to manage
hazardous waste or hazardous material and which has the
engineered design capacity to fall within the provisions of this
chapter shall apply to the Community Development Department
Director for review and a determination-whether this chapter is
applicable and whether the structure or project is exempt under
section 84-63 . 604 . The application shall be in the form
prescribed by the Director of Community Development and shall
-2-
May 9 , 1991 ORDINANCE NO. 91- 49
_ I
include appropriate and reasonable hazardous waste and hazardous
material baseline information. The application shall be
accompanied by all fees established by the Board of Supervisors .
Upon deeming an application for a certification of exemption
complete, the Director shall notify the Board of Supervisors .
(Ords . 91- 49 § 4 , 90-92 § 6 , 86-100 § 5 . )
SECTION V. County Ordinance Code section 84-63 . 808 is amended,
to allow for demolition projects of limited duration and to add a
time limit for the issuance of certificates of exemption, to
read:
84-63 . 808 Further Exemptions . In the case of a development
project or substantial expansion which is entitled to the
presumption set forth in section 84-63 . 806 , the Zoning
Administrator shall, on the basis of the complete application,
find that the development project or substantial expansion is an
exempt permitted use if he determines all of the following are
met:
( 1 ) As proposed, it will not significantly and adversely
affect public health or the environment.
( 2 ) The findings required by section 26-2 . 2008 can be made.
( 3 ) It will not:
(a ) Cause excessive noise or vibration, discernible at
the nearest residentially zoned parcel . Certain construction or
demolition activities of limited duration such as pile driving,
jack hammering, etc . , may be allowed after review by the Zoning
Administrator.
(b) Cause significant direct or sky-reflected glare or
heat perceptible from the nearest residentially zoned parcel .
(c) Emit odorous emissions perceptible at the nearest
residentially zoned parcel .
(d) Cause change in existing natural features .
(e) Cause change in scenic views or vistas from public
areas .
( f ) Cause change in quality, quantity, flow, or
existing drainage of public waters .
(g) Cause change in use or access to existing
recreational areas or na7igable streams .
-3-
May 9, 1991 ORDINANCE NO. 91- 49
(h) Have an adverse impact on significant natural
habitats of plants, animals, or wildlife.
(i ) Create need for new or expanded public services .
( j ) Cause significant additional traffic generation or
.increase vehicular problems .
(k) Create an aesthetically offensive site open to
public view.
(1 ) Substantially interfere with the movement of any
resident or migratory fish or wildlife species .
(m) Conflict with established recreational,
educational, religious , or scientific uses of the area.
(4 ) The Zoning Administrator shall decide upon an
application for an exemption pursuant to this section within 60
days from the time the application is deemed complete by the
Community Development Department.
(Ords . 91-4g § 5, 90-92 § 9 , 86-100 § 5 . )
SECTION VI . Section 84-63 . 812 of the County Ordinance Code is
amended, to provide that decisions and determinations are
summarized on a planning commission agenda within 30 days of the
decision, to read:
84-63 . 812 Decisions - Notice. All decisions and
determinations made pursuant to this chapter shall be summarized
on an agenda of the county planning commission within 30 days of
the decision.
(Ords . 91- 49 § 6 , 90-92 § 9 , 86-100 § 5 . )
SECTION VII.- Section 84-63 . 813 of the County Ordinance Code is
amended, to require posting of notice of an exemption application
within one mile of the proposed project, and to require mailing
of the notice to occupants of property within 300 feet of the
project, to read:
84-63 . 813 Exemptions : Public Notice and Hearings . The
Zoning Administrator shall hold a public hearing before granting
an exemption pursuant to sections 84-63 .604 ( 1 ) , ( 2) , and (7 ) ,
84-63 . 808 and 84-63 . 810( 2 ) . Notice of the Zoning Administrator
hearing shall be given to all organizations and individuals who
have previously requested such notice and shall also be given by
all of the following:
(a) Publication at least one time by the County in a
-4-
May 9, 1991 ORDINANCE NO. 91- 49
newspaper of general circulation in the area affected by the
proposed project;
(b) Posting of at least five (5 ) notices by the Community
Development Department within one mile of the boundary of the
assessor's parcel upon which the proposed project is located; and
(c) Direct mailing to owners of property, as they are shown
on the latest equalized assessment roll, and occupants of
property within 300 feet of the boundary of the Assessor's parcel
upon which the project is located .
(Ords . 91- 49 § 7 , 90-92 § 10 . )
SECTION VIII . EFFECTIVE DATE. This ordinance becomes effective
30 days after passage, and within 15 days after passage shall be
published once with the names of the supervisors voting for and
against it in the Contra Costa Times , a newspaper published in
this County.
Passed and adopted on October 22 , 1991 by the following
vote.
AYES:
NOES :
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR,
County Administrator and
Clerk of the Board of Supervisors
By:
Deputy Clerk Chairperson of Board
[SEAL)
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—5—
May 9, 1991 ORDINANCE NO. 91- 49
Attachment No. 1
ORDINANCE 66-100 AS AMENDED BY ORDINANCE 90-92,
PITH PROPOSED AMENDMENTS
84-58.202 General Provisions .
All land within the L-I light industrial district may be used for
any of the following uses, under the regulations set forth in this
chapter and in chapter 84-63.
(Ord. 86-10P. )
84-60.202 General Provisions .
All land within the W-3 controlled heavy industrial district may be
used for any of the following uses, under the regulations set forth
in this chapter and in chapter 64-63.
(Ord. 86-100. )
84-62.202 General Provisions .
All land within the H-I heavy industrial district may be used for
any of the following uses, under the regulations set forth in this
chapter and in chapter 84-63.
{Ord. 86-100. )
Chapter 84-63
LAND USE PERMITS FOR DEVELOPMENT PROJECTS
INVOLVING HAZARDOUS WASTE
OR HAZARDOUS MATERIAL
Article 84-63.2
General
84-63 . 202 Purpose.
The purpose of this chapter is to ensure the health, safety and
general welfare of residents and persons in the County by
encouraging reductions in amounts of hazardous wastes or materials
managed, as defined in this chapter, and by requiring land use
permits for new and substantially expanded development projects
which could significantly and adversely affect public health and
the environment and which manage significant amounts of hazardous
materials or hazardous waste.
(Ords . 90-92, 66-100 . )
84-63.204 Conflict.
This chapter is not intended, and should not be deemed, to prevent
or preempt compliance with federal or state laws, regulations,
rules or orders .
(Ord . 86-100 . )
-1-
Attachment No. 1
Article 84-63.4
Definitions
84-63.402 "Development project. "
(1 ) a "Development project" means either:
a . A new, permanent structure, facility, or development to
be constructed in or on land, or within an existing
structure or facility, that will have the engineered
design capacity to manage more than 4 ,000 tons per year
of hazardous waste or more than 12,500 tons per year of
hazardous material; or
b. The use of one or more transportable treatment units at
an off-site, commercial hazardous waste management
facility that process in excess of 4 , 000 tons of
hazardous waste per year or are physically located on the
site for more than a total of 180 calendar days per year.
(2 ) For purposes of computing tons of hazardous waste for .this
definition, the aqueous portion of any wastewater stream
containing less than one percent (18) by weight of hazardous
waste constituents shall not be included in the computation of
the amount of hazardous waste managed provided such
constituents are removed from such an aqueous stream or
otherwise treated on-site to render the waste non-hazardous
and provided such hazardous waste constituents contained in
such aqueous streams of the entire development project or
substantial expansion are 100 tons per year or less. This
computation shall be based on the total capacity of the
development project or the substantial expansion. This method
of computing tons of hazardous waste shall not be utilized
where the aqueous stream is an extremely hazardous waste as
determined by the California Department of Health Services .
(3 ) "Development Project" does not include:
(a ) Pipelines and related equipment, with the exception of
storage tanks, or
(b) Any project that consists only of maintenance, repair,
replication, or minor augmentation, of existing equipment
and that does not require the issuance of a building
permit.
(Ords . 90-92, 86-100. )
-2-
Attachment No. 1
84-63.404 "Dispose. "
"Dispose" means to discharge, deposit, inject, dump, or place any
hazardous waste into or on any land or water so that such hazardous
waste or any constituent thereof may enter the environment or be
emitted into the air or discharged into any waters, including
ground waters.
(Ord. 86-100. )
84-63 .406 "Generate. "
"Generate" means an act or process of producing hazardous waste.
(Ord. 86-100. )
84-63.40B "Hazardous material. "
"Hazardous material" means any substance which is regulated as
hazardous under Labor Code Sections 6382 or 6383.
(Ord. 86-100. )
84-63 . 410 "Hazardous waste. "
' "Hazardous waste" means any substance which is regulated es a
hazardous waste by the California Department of Health Services
under 22 California Administrative Code, Division 4, Chapter 30.
(Ords . 91- , 86-100. )
84-63.412 "Manage. "
When used *in conjunction with the term "hazardous waste, " "manage"
means to generate, treat, store, transport or dispose of hazardous
waste. When used in conjunction with the term "hazardous
material, " "manage" means to store or transport hazardous material .
(Ord. 86-100. )
84-63 .414 "Store. "
"Store" means an act to contain hazardous waste or hazardous
material, either on a temporary basis or for a period of years, in
such a manner as not to constitute disposal or use of such
hazardous waste or hazardous material,but does net &eo-li r eg
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Attachment No. 1
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(Ords . 91- , 86-100. )
84-63.416 "Substantial expansion. "
(1 ) "Substantial expansion• means any of the following:
(a) A physical modification of any existing facility that
will result, in that portion of the facility to be
physically modified, in:
1'. An increase or cumulative increase of at least 10
percent of the amount of hazardous waste managed,
or 25 percent of the amount of hazardous material
managed; and
2. An increase or cumulative increase of more than
2,000 tons of hazardous waste managed, or more than
12,500 tons of hazardous material managed, which
amount is in excess of the amount of such waste or
material managed per year as of January 8, 1987.
Cumulative increase is defined as the sum of all
related increases occurring in the facility since
January 8, 1987 .
. (b) Any physical modification of an existing facility which
will result in the management of 10,000 tons per year or
more of hazardous waste in that portion of the facility
to be physically modified.
(c) The modification of an existing off-site, commercial
hazardous waste facility such that transportable
treatment is used to process in excess of 4,000 tons of
hazardous waste per year or is physically located on the
site for more than a total of 180 calendar days per year.
-4-
Attachment No. 1
(2 ) For purposes of computing tons of hazardous waste for this
definition, the aqueous portion of any wastewater stream
containing less than one percent (1$) by weight of hazardous
waste constituents shall not be included in the computation of
the amount of hazardous waste managed provided such
constituents are removed from such an aqueous stream " or are
otherwise treated on site to render the waste non-hazardous
and provided such hazardous waste constituents contained in
such aqueous streams of the entire development project or
substantial expansion are 100 tons per year or less. This
computation shall be based on the total capacity of the
development project or the substantial expansion. This method
of computing tons of hazardous waste shall not be utilized
where the aqueous stream is an extremely hazardous waste as
determined by the California Department of Health Services .
(3 ) A "Substantial Expansion" does not include:
(a ) Pipelines and related equipment, with the exception of
storage tanks, or
(b) Any project that consists only of maintenance, repair,
replication, or minor augmentation of existing equipment
and that does not require the issuance of a building
permit.
(Ords . 91- , 90-92, 86-100. )
84-63 .418 "Transfer facility. "
"Transfer facility" means any offsite facility which is related to
the transportation of hazardous waste or hazardous material,
including, but not limited to, loading docks , parking areas ,
storage areas, and other similar areas where shipments of hazardous
waste or hazardous material are held during the normal course of
transportation .
(Ord. 86-100. )
84-63.420 "Transport. " _
"Transport' means an act to move hazardous waste or hazardous
material by air, rail, highway or water.
(Ord. 86-100. )
-5-
Zlttachment No. 1
84-63 .422 "Treat. "
"Treat" means an act, by any method, technique or process,
including neutralization or incineration, to change the physical,
chemical, or biological character or composition of any hazardous
waste so as to neutralize such waste, or so as to recover energy or
material resources from the waste, or so as to render such waste
non-hazardous, or less hazardous; safer to transport, store or
dispose of; or amendable to recovery, storage, or reduction in
volume.
(Ord. 86-100. )
Article 84-63.6
Applicability
84-63 . 602 Applicability.
Except as otherwise provided herein, any person proposing to
construct a development project or substantial expansion in the L-I
light industrial district, the W-3 controlled heavy industrial
district, or the H-I heavy industrial district shall be subject to
the provision of this chapter.
(Ord. 86-100. )
84-63 . 604 , Exemptions .
The following projects and structures are exempt from the
provisions of this chapter:
(1 ) The replacement of any existing structure or facility
substantially on the same location on the site which is for
substantially the same purpose as the structure or facility
being replaced, provided that:
(a ) the amount of hazardous waste to be generated for
disposal by the replacement structure or facility is
significantly less than the amount being generated for
disposal by the structure or facility replaced, in
accordance with regulations proposed or reviewed by a
Board-approved Hazardous Materials Commission and adopted
by the Board of Supervisors, and
(b) the existing facility is shut down when the replacement
facility becomes fully operational .
-6-
Attachment No. 1
(2) The restoration or rehabilitation of deteriorated or damaged
structures or facilities at the same location on the site, if
the amount of hazardous waste to be generated for disposal is
significantly less than the amount being generated for
disposal by the restored or rehabilitated structure or
facility, in accordance with regulations proposed or reviewed
by a Board-approved Hazardous Materials Commission and adopted
by the Board of Supervisors.
(3) Any project for which permits have been issued pursuant to the
Federal Resource Conservation and Recovery Act and the
California Hazardous Waste Control Act or which has obtained,
vested rights before January 8, 1987.
(4 ) A project consisting of reconstruction or repair of existing
facilities which costs less than ten percent (10% ) of the
assessed valuation of the structure at the time of
reconstruction or repair.
(5) Any project built solely to comply with federal or state laws,
regulations, rules, or administrative or judicial orders under
a compliance time schedule which precludes timely review under
this chapter.
(6 ) Any project for which an environmental impact report
preparation process began prior to July 1, 1986, and for which
the county is the administrative agency.
(7 ) Any project that has an engineered design capacity that meets
or exceeds the quantity thresholds identified in sections 84-
63.402 or 84-63.416, and the applicant satisfactorily
demonstrates that the proposed project shell be used to manage
hazardous waste or hazardous materials only in an amount lower
than the quantity thresholds identified in sections 84-63.402
and 84-63.416 of this chapter.
(Ords . 90-92, 86-100. )
Attachment No. 1
Article 84-63.8
Standards and Procedures
84-63.802 Application for Applicability Determination or
Certificate of Exemption.
Any person proposing a development project or a substantial
expansion which may be used to manage hazardous waste or hazardous
material and which has the engineered design capacity to fall
within the provisions of this chapter shall apply to the Community
Development Department Director for review and a determination
whether this chapter is applicable and whether the structure or
project is exempt under section 84-63.604. The application shall
be in the form prescribed by the Director of Community Development
and shall include appropriate and reasonable hazardous waste and
hazardous material baseline information. The application shall be
accompanied by all fees established by the Board of Supervisors.
Upon deeming an aoolication for a certification of exemption
complete, the Director shall notify the Board of Suvervisors .
(Ords . 91- , 90-92, 86-100. )
84-63. 803 Certificate of Exemption.
(1 ) The Community Development Director shall issue a Certificate
of Exemption if the Director finds that the project or structure is
exempt pursuant to section 84-63.604 (3) , (4 ) , (5) or (6) of this
chapter. .
(2 ) The Zoning Administrator shall issue a Certificate of
Exemption if the Zoning Administrator finds, after a public
hearing, that the project or structure is exempt pursuant to
section 84-63.604 (1 ) or (2) of this chapter. Such a Certificate
shall include conditions necessary to ensure that the project is in
compliance with this chapter.
(3 ) The Zoning Administrator shall issue a Certificate of
Exemption if the Zoning Administrator finds, after a public
hearing, that the project or structure is exempt pursuant to
section 84-63 .604 (7 ) . Such a Certificate shall include conditions
necessary to ensure that the project is not exceeding the quantity
thresholds identified in section 64-63.402 or section 84-63.416 .
Such conditions may include, but are not limited to, bi-monthly
activity reports, manifest records, and on-site inspections . The
Certificate of Exemption shall expire two (2) years after the date
of issuance and shall be reviewed and reissued for an additional
two (2 ) years upon the finding of the Zoning Administrator that the
provisions of the Certificate have been met, and that the project
or expansion complies with the provisions of this chapter.
(Ord. 90-92 . )
-8-
Attachment No. 1
84-63. 804 Application for land use permit.
Any person proposing a development project or substantial expansion
which is determined by the zoning administrator not to be exempt
from the provisions of this chapter shall apply for a land use
permit. The application shall conform to the requirements of
article 26-2.20 and chapter 62-6. No later than thirty (30) days
after receipt of an application under this section, the Community
Development Department shall confirm in writing that it is
complete, or shall specify in writing what additional information
must be submitted by the applicant in order to make the application
complete. -
(Ord. 86-100. )
84-63. 806 Rebuttable presumption.
Any proposed development project or substantial expansion which is
subject to the provisions of this chapter, and which has obtained
all required federal and state permits and other governmental
authorizations to manage hazardous waste or hazardous material,
including but not limited to permits or authorizations under the
Federal Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seg. ) , the California Hazardous Waste Control Law (Health
and Safety Code Section 25100 et seg. ) , the California Underground
Storage of Hazardous Substances Act (Health and Safety Code Section
25280 et seg. ) , the California Toxic Air Contaminants Law (Health
and Safety Code Section 39650 et seg. ) , and Food and Agriculture
Code Section 14021 et seg. ) , and which has complied with the
requirements of the Hazardous Substances Information and Training
Act (Labor Code Section 6360 et seq. ) shall be rebuttably presumed
not to significantly and adversely affect public health or the
environment.
(Ord. 86-100. )
84-63 . 808 Further Exemptions .
In the case of a development project or substantial expansion which
is entitled to the presumption set forth in section 84-63.806, the
Zoning Administrator shall, on the basis of the complete
application, find that the development project or substantial
expansion is an exempt permitted use if he determines all of the
following are met:
(1 ) As proposed, it will not significantly and adversely affect
public health or the environment.
(2 ) The findings required by section 26-2 .2008 can be made.
-9-
Attachment No. 1
(3) It will not:
(a ) Cause excessive noise or vibration, discernible at the
nearest residentially zoned parcel. certain construction
or demolition activities of limited duration such as pile
driving, lack hammering, etc. , may be allowed after
review by the Zoning Administrator.
(b) Cause significant direct or sky-reflected glare or heat
perceptible from the nearest residentially zoned parcel.
(c) Emit odorous emissions perceptible at the nearest
residentially zoned parcel.
(d) Cause change in existing natural features.
(e) Cause change in scenic views or vistas from public areas .
(f ) Cause change in quality, quantity, flow, or existing
drainage of public waters.
(g) Cause change in use or access to existing recreational
areas or navigable streams.
(h) Have an adverse impact on significant natural habitats of
plants, animals, or wildlife.
(i ) Create need for new or expanded public services .
( j ) Cause significant additional traffic generation or
increase vehicular problems.
(k) Create an aesthetically offensive site open to public
view.
( 1) Substantially interfere with the movement of any resident
or migratory fish or wildlife species.
(m) Conflict with established recreational, educational
religious, or scientific uses of the area .
(4 ) The Zoning Administrator shall render a decision upon an
application for an exemption Pursuant to this section within
60 days from the time the application is deemed complete by
the Community Development Department.
(Ords . 91- , 90-92,86-100. )
-10-
Attachment leo. 1
84-63 . 810 Effect on public health and environment.
(1 ) For any development project or substantial expansion which is
not exempted as a permitted use under the provisions of
Section 84-63.808, the zoning administrator shall, based on
the complete application and any further information that may
be required, determine whether the project or expansion could
significantly and adversely affect public health or the
environment.
(2) If the zoning administrator determines that the project or
expansion will not significantly and adversely affect public
health or the environment, the project or expansion is an
exempt permitted use, provided the conditions set _forth in
Section 84-63.808 are met.
(3) If the zoning administrator determines that the project or
expansion could significantly and adversely affect public
health or the environment, a land use permit shall be
required.
(Ord. 86-100. )
84-63 . 812 Decisions - Notice.
All decisions and determinations
, kneluding the deelskeR 9F
made pursuant to this chapter-r
shall be ummarized on an
agenda of the County Planning Commission within 30 days of the
decision .
(Ords . 91- , 90-92, 86-100. )
84-63 .813 Exemptions: Public Notice and Hearings .
The Zoning Administrator shall hold a public hearing before
granting an exemption pursuant to sections 84-63.604 (1 ) , (2 ) , and
(7 ) , seetien 84-63.808 and seetien 84-63.810(2) . Notice of the
Zoning Administrator (hearing shall be given to all organizations
and individuals who have previously requested such notice and shall
also be given by all of the following:
(a ) Publication at least one time by the County in a
newspaper of general circulation in the area affected by
the proposed project;
(b) Posting of at least five (5) notices by the Community
Development Department on and -eif ei6e-in the area wheFe
within one mile of the boundary of the Assessor's parcel
upon which the project is to be located; and
-11-
Attachment No. 1
(c) Direct mailing to owners of property, as they are shown
on the latest equalized assessment roll , and occupants of
property within 300 feet of the boundary of the
Assessor's parcel upon which the proposed iproiect is
located
equalised V03
(Ords . 91- , 90-92. )
64-63. 814 Appeals.
Appeals from all decisions and determinations made pursuant to this
chapter shall be governed by the land use permit provisions of
article 26-2.24 and are subject to the provisions of article 26-
2.30; provided that the time for filing an appeal from a decision
or determination made by the toning administrator shall be no more
than 10 calendar days from the date of the county planning
commission meeting on whose agenda the decision or determination is
summarized, but in no event more than 30 days after the date of the
decision or determination.
(Ord. 86-100 . )
Article 84-63.10
Land Use and Variance Permits
84-63 . 1002 Granting.
Land use permits required under this chapter and variance permits
to modify' its provisions may be granted in accordance with the
provisions of chapters 26-2 and 82-6 .
(Ord . 86-100. )
84-63 . 1004 Term.
Land use permits issued under this chapter shall expire fifteen
(15 ) years after the date of issuance and shall be automatically
renewed for an additional fifteen (15) year term, upon application
to the community development department before expiration of the
original land use permit, or current renewal, and the determination
by the zoning administrator that the project or expansion complies
with all requirements of section 84-63.608 and any new requirements
of the county that can reasonably be met.
(Ord. 86-100 . ) ,
J10196-100-4.vp
-12-
Attac bment No. 2
ORDINANCE NO. 91-
(Land Use Permits For Development Projects
Involving Hazardous Waste or Material )
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the enacted or amended
provisions of the County Ordinance Code) :
SECTION I. ZLB+II=Y. County Ordinance Code chapter 84-63
requires land use permits for specified development projects
involving hazardous waste or hazardous material in the L-I light
industrial, W-3 controlled heavy industrial, and H-I heavy
industrial land use districts. This ordinance amends County
Ordinance Code chapter 64-63 to amend the definition of storage
of hazardous waste or hazardous material, and to clarify and/or
modify specified requirements.
SECTION II. Section 84-63.414 of the County Ordinance Code is
amended, to change the definition of the term "store, " to read:
84-63 .414 Store. "Store" means an act to contain hazardous
waste or hazardous material, either on a temporary basis or for a
period of years, in such a manner as not to constitute disposal
or use of such hazardous waste or hazardous material.
(Ords . 91- § 21 66-100 §5. )
SECTION 111 . Section 64-63.416 of the County Ordinance Code is
amended, to correct a clerical error in the definition of the
term "substantial expansion, " to read:
,14-63 .416 "Substantial expansion. " (1 ) "Substantial
expansion" means any of the following:
(a) A physical modification of any existing facility
that will result, in that portion of the facility to be
physically modified, in:
I . An increase or cumulative increase of at
- least 10 percent of the amount of hazardous waste managed, or 25
percent of the amount of hazardous material managed; and
2. An increase or cumulative increase of more
than 2, 000 tons of ,hazardous waste managed, or more than 12,500
tons of hazardous material managed, which amount is in excess of
the amount of such waste or material managed per year as of
January 8, 1987 . Cumulative increase is defined as the sum of
all related increases occurring in the facility since January 8,
1987 .
May 9 , 1991 ORDINANCE N0, 91-
Attac tw eat No. 2
(b) Any physical modification of an existing facility
which will result in the management of 10,000 tons per year or
more of hazardous waste in that portion of the facility to be
physically modified.
(c) The modification of an existing off-site,
commercial hazardous waste facility such that transportable
treatment is used to process in excess of 4,000 tons of hazardous
waste per year or is physically located on the site for more than
a total of 160 calendar days per year.
(2) For purposes of computing tons of hazardous waste for
this definition, the aqueous portion of any wastewater stream
containing less than one percent (1t) by weight of hazardous
waste constituents shall not be included in the computation of
the amount of hazardous waste managed provided such constituents
are removed from such an aqueous stream or are otherwise treated
on site to render the waste non-hazardous and provided such
hazardous waste constituents contained in such aqueous streams of
the entire development project or substantial expansion are 100
tons per year or less. This computation shall be based on the
total capacity of the development project or the substantial
expansion. This method of computing tons of hazardous waste
shall not be utilized where the aqueous stream is an extremely
hazardous waste as determined by the California Department of
Health Services.
(3 ) A -Substantial Expansion" does not include:
(a ) Pipelines and related equipment, with the
exception of storage tanks, or
(b) Any project that consists only of maintenance,
repair, replication, or minor augmentation of existing equipment
and that does not require the issuance of a building permit.
(Ords. 91- § 3, 90-92 § 4, 86-100 § 5. )
SECTION IV. Section 84-63.802 of the County Ordinance Code is
amended, to .provide notification to the Board of Supervisors of a
completed application, to read:
84-63 . 802 Application for Applicability Determination or
Certificate of Exemption. Any person proposing a development
project or a substantial expansion which may be used to manage
hazardous waste or hazardous material and which has the
engineered design capacity to fall within the provisions of this
chapter shall apply to the Community Development Department
Director for review and a determination whether this chapter is
applicable and whether the structure or project is exempt under
section 84-63.604 . The application shall be in the form
prescribed by the Director of Community Development and shall
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May 9 , 1991 ORDINANCE NO. 91-
Attactzaent No. 2
include appropriate and reasonable hazardous waste and hazardous
material baseline information. The application shall be
accompanied by all fees established by the Board of Supervisors .
Upon deeming an application for a certification of exemption
complete, the Director shall notify the Board of Supervisors.
(Ords . 91- § 4, 90-92 § 6, 86-100 § 5. )
BBCTION V. County Ordinance Code section 84-63.808 is amended,
to allow for demolition projects of limited duration and to add a
time limit for the issuance of certificates of exemption, to
read:
84-63 . 808 Further Exemytions . In the case of a development
project or substantial expansion which is entitled to the.
presumption set forth in section 84-63. 606, the Zoning
Administrator shall, on the basis of the complete application,
find that the development project or substantial expansion is an
exempt permitted use if he determines all of the following are
met:
( 1 ) As proposed, it will not significantly and adversely
affect public health or the environment.
(2 ) The findings required by section 26-2.2008 can be made.
(3) It will not:
(a) Cause excessive noise or vibration, discernible at
the nearest residentially zoned parcel. Certain construction or
demolition activities of limited duration such as pile driving,
Jack hammering, etc. , may be allowed after review by the Zoning
Administrator.
(b) Cause significant direct or sky-reflected glare or
heat perceptible from the nearest residentially zoned parcel .
(c) Emit odorous emissions perceptible at the nearest
residentially zoned parcel.
(d) Cause change in existing natural features .
(e) Cause change in scenic views or vistas from public
areas .
(f ) Cause change in quality, quantity, flow, or
existing drainage of public waters .
(g) Cause change in use or access to existing
recreational areas or navigable streams .
-3-
May 9, 1991 ORDINANCE NO. 91-
Attachment No. 2
(h) Have an adverse impact on significant natural
habitats of plants, animals, or wildlife.
(i) Create need for new or expanded public services.
(j ) Cause significant additional traffic generation or
increase vehicular problems.
(k) Create an aesthetically offensive site open to
public view.
(1) Substantially interfere with the movement of any
resident or migratory fish or wildlife species.
(m) Conflict with established recreational,
educational, religious, or scientific uses of the area.
(4 ) The Zoning Administrator shall decide upon an
application for an exemption pursuant to this section within 60
days from the time the application is deemed complete by the
Community Development Department.
(Ords. 91- § 5, 90-92 § 9, 86-100 § 5. )
SECTION VI . Section 84-63.812 of the County Ordinance Code is
amended, to provide that decisions and determinations are
summarized on a planning commission agenda within 30 days of the
decision, to read:
84-63 . 812 Decisions - Notice. All decisions and
determinations made pursuant to this chapter shall be summarized
on an agenda of the county planning commission within 30 days of
the decision.
(Ords . 91- § 6, 90-92 § 9, 86-100 § 5. )
SECTION VII.• Section 84-63.813 of the County Ordinance Code is
amended, to require posting of notice of an exemption application
within one mile of the proposed project, and to require mailing
of the notice to occupants of property within 300 feet of the
project, to read:
84-63 . 813 Exemptions: Public Notice and Hearings . The
Zoning Administrator shall hold a public hearing before granting
an exemption pursuant to sections 84-63.604 (1 ) , (2) , and (7 ) ,
84-63. 808 and 84-63.810(2) . Notice of the Zoning Administrator
hearing shall be given to all organizations and individuals who
have previously requested such notice and shall also be given by
all of the following:
(a ) Publication at least .one time by the County in a
-4-
May 9 , 1991 ORDINANCE NO. 91-
Attachment No. 2
newspaper of general circulation in the area affected by the
proposed project;
(b) . Posting of at least five (5) notices by the Community
Development Department within one mile of the boundary of the
assessor's parcel upon which the proposed project is located; and
(c) Direct mailing to owners of property, as they are shown
on the latest equalized assessment -roll, and occupants of
property within 300 feet of the boundary of the Assessor's parcel
upon which the project is located.
(Ords. 91- ,§ 7, 90-92 § 10. )
.SECTION VIII . EFFECTIVE DATE. This ordinance becomes effective
30 days after passage, and within 15 days after passage shall be
published once with the names of the supervisors- voting for and.
against it in the Contra Costa Times, a newspaper published in
this County.
Passed and adopted on , by the following
vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR,
County Administrator and
Clerk of the Board of Supervisors
By:
Deputy Clerk Chairperson of Board
[SEAL)
LTF: jf :df
J5:1t:\crd\1anduver.rr
-5-
May 9 , 1991 ORDINANCE NO'. 91-
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (415) 646-2096 Contact Person: Charles A. Zahn
Project Description, Common Name (if any) and Location: ORDINANCE 91- : LAND USE PERMITS FOR
DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTES OR MATERIALS-This project consists of amendments
to Chapter 84-63 of the Contra Costa County Code (Ordinance 86-100). Chapter 84-63 requires that land use permits
be obtained for new and substantially expanded development projects which could significantly and adversely affect
public health or the environment and which generate. store, transport, treat or dispose of significant amounts of
hazardous wastes or which store or transport significant amounts of hazardous materials. This Chapter applies to
projects located within the L-1 Light Industrial District,the W-3 Controlled Heavy Industrial District, and the H-1 Heavy
Industrial District of the unincorporated area of Contra Costa County.
The proposed amendments to Chapter 84-63 of the Contra Costa County Code include a redefinition of the term
"store" to eliminate exemptions from the Ordinance, notification to the Board of Supervisors of applications for
exemption from the Ordinance, public noticing requirements, time limitations for action on applications for exemption,
and exemption of certain limited duration noise generating activities from the Ordinance.
This project is exempt from CEOA as a:
Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section _
Declared Emergency (Sec. 15269(al) xx General Rule of Applicability(Section 15061(b)(3))
Emergency Project (Sec. 15269(b) or (cl)
Categorical Exemption, Class_ Section
for the following reason(s):
The proposed amendments to Chapter 84-63 of the Contra Costa County Code involve changes in the Ordinance which
will result in the use of stricter criteria to determine whether a County land use permit will be required for projects
involving hazardous wastes or materials. The proposed amendments increase the ability of Contra Costa County to
require land use permits for projects located within designated areas of Contra Costa County.
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by California Public
Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date.
Signature Title
Department of Fish and Game Fee - Exempt
County Clerk Fee $25 Due Receipt #