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HomeMy WebLinkAboutMINUTES - 10221991 - 1.3 (3) 30 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 hazardouswaste 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- 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 . " -1- ORDINANCE NO. 91- 49 (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 tans 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- ORDINANCE NO. 91- 49 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 .navigable streams . -3- ORDINANCE NO. 91- 49 9 (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 4A § 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 84763 .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- 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 § 14. ) 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: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABS ENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, County Administrator and Clerk of the Board of Supervisors P By:: Depu y Clerk Chairperson of Board [SEAL) . LTF: jf :df j5:1tf\ord\1anduser.rr -5- ORDINANCE NO. 91= 49