HomeMy WebLinkAboutORDINANCES - 03021993 - 93-20 r , w
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ORDINANCE NO. 93-20
(Urgency Ordinance Regulating Transfer Stations)
The Contra Costa County Board of Supervisors ordains as follows :
SECTION I . Prohibitions . No person shall use land in the
unincorporated area for a transfer station without first
obtaining a land (conditional) use permit pursuant to this
ordinance or applicable provisions of the Contra Costa County
Ordinance Code ( "Code" ) authorizing such use.
SECTION II . Permitted Zoning Districts . A land use permit may
be obtained for the operation of a transfer station on land in
the H-I heavy industrial district. A land use permit may be
obtained for the operation of a materials recovery facility on
land in the L-I light industrial district and the H-I heavy
industrial district.
SECTION III . Land Use Permit Procedure. Land use permits for
transfer or processing stations may be considered, processed and
granted in accordance with the provisions of chapters 418-4 and,
as applicable, chapters 26-2 and 82-6 of the Code.
SECTION IV. Definitions . As used in this ordinance, the
following terms have the following meanings .
(a) "Transfer station" means a facility which is primarily
utilized to receive, consolidate and load solid wastes, for
transfer to disposal facilities . Secondary functions may include
short-term storage and inspection of sclid wastes .
(b) "Materials recovery facility" means a facility which is
utilized primarily to sort or separate solid wastes for the
purposes of recycling or composting. Materials recovery
facilities may additionally receive sorted and unsorted
recyclable materials . Materials recovery facility does not
include facilities that accept only source-separated materials
without charging a fee for such acceptance, such as buy-back
facilities and drop-off facilities .
(c) "Buy-back facility" means a facility which pays a fee
for the delivery and transfer of ownership to the facility of
source-separated materials, for purpose of recycling or
composting.
(d) "Drop-off facility" means a facility which accepts
delivery and transfer of ownership to the facility of source-
separated materials for the purpose of recycling or composting,
without charging or paying a fee.
(e) "Person" means any natural person, firm, association,
club, company, corporation, business trust, or their manager,
lessee, agent, servant, officer, employee, shareholder, or any of
them. The term person also includes cities, special districts,
and any other public or governmental entities or agencies, and
their officers, employees and agents .
( f) Except as set forth in subsections (a) , (b) , (c) , (d)
and (e) of this section, the definitions in the Code govern the
construction of this ordinance, unless the context otherwise
requires . In the case of any conflict between the definitions of
this ordinance and the Code, this ordinance' s definitions shall
prevail . Words used in this ordinance not defined in this
section or in the Code shall have the meanings ascribed to them
in the California Integrated Waste Management Act of 1989, and
the regulations adopted pursuant thereto, unless the context
otherwise indicates .
SECTION V. Violations and Punishment.
(a) Infraction. A violation of this ordinance is an
infraction and punishable, upon conviction, for each and every
separate offense, in accordance with the provisions of chapter
14-8 of the Code.
(b) Civil Enforcement. In addition to the penalties
provided in subsection (a) of this section, this ordinance may be
enforced by civil action in accordance with the provisions of
chapter 14-6 of the Code.
SECTION VI . Urgency Declaration. This ordinance is an interim
urgency measure authorized by state laws . The Board finds that
the establishment of any new transfer or materials recovery
facility as may be currently allowed constitutes a current and
immediate threat to the public health, safety, and welfare. The
facts constituting the urgency are that pursuant to the
California Integrated Waste Management Act of 1989 (Pub.
Resources Code § 40000 et seq. ) , the County and the cities are
presently in the process of developing and obtaining state
approval of a countywide integrated waste management plan and
elements thereof, for the management of solid waste. The goal of
developing and implementing the plan and elements is the
reduction of the amount of waste that is required to be disposed
of at a solid waste landfill . The Legislature has mandated a 25%
reduction of landfilled solid waste by 1995, and a 50% reduction
by the year 2000 . While the Board supports these waste reduction
requirements, the Board also acknowledges that fulfilling these
waste reduction requirements in a cost-efficient manner will
require tremendous coordination and planning. In addition to and
in furtherance of the County's continuing efforts to meet waste
reduction requirements in a cost effective manner, the County's
Planning Agency is contemplating additional new land-use
ORDINA 9 -
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regulations for the establishment of transfer stations and other
solid waste facilities for the unincorporated area. If these
interim urgency provisions are not imposed, uses in conflict with
the contemplated measures may result, irreversible uses may
result to the detriment of the County's waste reduction efforts,
and uses may occur which would frustrate any comprehensive solid
waste-related land use regulations that may be adopted.
SECTION VII . Report. At least ten days before the expiration of
this ordinance or any extension of it, the Community Development
Department is directed to file with the Clerk of the Board a
written report describing the measures taken to complete the
contemplated new land-use regulations and to alleviate the
condition which led to the adoption of this ordinance.
SECTION VIII . Environmental Assessment. (a) Pursuant to
section 15061 of the State and County CEQA Guidelines, the Board
finds and declares that this ordinance is exempt from CEQA for
the following reasons :
( 1) This ordinance is not a "project" within the meaning of
section 15378 of the CEQA Guidelines, because the ordinance
itself has no potential for resulting in a physical change in the
environment. The purpose of this ordinance is to regulate, on an
interim basis, the establishment of transfer stations and
materials recovery facilities .
(2 ) This ordinance is categorically exempt from CEQA under
section 15308 of the CEQA Guidelines . This ordinance is a
regulatory action taken by the County in the exercise of its
constitutional authority and in accordance with Government Code
section 65858, to assure maintenance and protection of the
environment pending the preparation and adoption of new solid
waste facilities land-use regulations .
( 3) This ordinance is covered by the general rule that CEQA
applies only to projects which have the potential for causing a
significant effect on the environment. For the reasons set forth
in subparagraphs ( 1) and (2 ) of this paragraph, it can be seen
with certainty, and the Board finds, that there is no possibility
that this ordinance will have a significant effect on the
environment; therefore, this ordinance is not subject to CEQA.
(b) The Community Development Director is directed to file
a notice of exemption for this ordinance, in accordance with the
provisions of section 15062 of the State CEQA Guidelines .
SECTION IX. Effective Date. This ordinance becomes effective
immediately upon passage and shall be operative for forty-five
days (through April 16, 1993) , pursuant to Government Code
section 65858 . Within fifteen days after passage this ordinance
0 DINAN NO. 93- 20
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shall be published once with the names of Supervisors voting for
and against it in the Contra Costa Times a newspaper
published in this County.
PASSED on March 2 , 1993 by four/fifths vote of the Board, as
follows :
AYES: Supervisors Powers, Smith, Bishop, Weak, Torlakson
NOES: gone
ABSENT: None �D _r681 -sool,
ABSTAIN: None
7—ow
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors Board Chair
and County Administrator
� i��� T-Tyr GUs
By: [S
eputy
LYF:
( 3)
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RDI NCE 0. 93-20
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GOVERNMENT CODE GOVERNMENT CODE § 65096
'acilities and services may be significantly § 65094. Notice of a public hearing defined
at least 10 days prior to the hearing to all As used in this title, "notice of a public hearing" means a notice that includes the date, time, and
assessment roll within 300 feet of the real place of a public hearing, the identity of the hearing body or officer, a general explanation of the
ilizing the assessment roll,the local agency matter to be considered, and a general description, in text or by diagram, of the location of the real
for which contain more recent information property, if any, that is the subject of the hearing.
whom notice would be mailed or delivered (Added by Stats.1984, c. 1009, § 2.)
an 1,000,a local agency,in lieu of mailed or
idvertisement of at least one-eighth page in Historical and Statutory Notes
e local agency in which the proceeding is 1984 Legislation Former§ 65854.5,added by Stats.1975,c.249,p.650,
Legislative intent relating to Stats.1984,c. 1009, see § 2, amended by Stats.1975, c. 1022, p. 2414, § 1.5;
ragraph (3), the notice shall also either be: note under Educ.C.§ 39002. Stats.1979,c.479,p. 1636,§ 1.
Derivation: Former §§ 65351, 65355, 65500, 65503,
newspaper of general circulation within the added by Stats.1965,c. 1880,pp.4339,4343,§ 5.
10 days prior to the hearing.
4st three public places within the boundaries § 65095. Continued hearings
area directly affected y the procee ing. Any public hearing conducted under this title may be continued from time to time.
n Section 65094. (Added by Stats.1984, c. 1009, § 2.)
local agency may give notice of the hearing
Historical and Statutory Notes
985,c. 1199, § 2.) 1984 Legislation Derivation: Former §§ 65351, 65355, 65500, added
Legislative intent relating to Stats.1984,c. 1009,see by Stats.1965,c. 1880,p.4339,§ 5.
.ry Notes note under Educ.C.§ 39002.
ner § 66451.4, added by Stats-1980, c. 1154, p.
7 1.
§ 65096. Cemeteries; change in use for other purposes; application; public notice by local
agencies; requirement
(a) Notwithstanding any other provision of law, whenever a person applies to a city, including a
charter city, county, or city and county, for a zoning variance, special use permit, conditional use
permit,zoning ordinance amendment,general or specific plan amendment,or any entitlement for use
is hearing to be given pursuant to Section Which would permit all or any part of a cemetery to be used for other than cemetery purposes, the
:d at least 10 days prior to the hearing to city,county,or city and county shall give notice pursuant to Sections 65091,65092,65093,and 65094.
t either the clerk of the governing body or (b) Those requesting notice shall be notified by the local agency at the address provided at the time
receive these requests. The local agency of the request.
;ts of providing this service and the local
(c) Notwithstanding Section 65092, a local agency shall not require a request made pursuant to
85, c. 1199, § 3.) this section to be annually renewed.
Notes (d) "Cemetery," as used in this section, has the same meaning as that word is defined in Section
y 8100 of the Health and Safety Code.
(Added by Stats.1988, c. 1440, § 1.) e
Cross References
Written notice by cemetery authority to purchaser of
interment rights of that person's ability to receive no-
tice pursuant to this section,see Health&S.C. § 8120.
I pursuant to this title,or pursuant to the
itute grounds for any court to invalidate
an. CHAPTERS. LOCAL PLANNING
Article Section
Notes 1. Local Planning...................................................................65100
4. Long Range Planning Trust Fund.................................................65250
r§ 66451.5,added by Stats.1982,c.87,p.264, 6. Preparation, Adoption, and Amendment of the General Plan.......................65350
7.5. Model Integrated Local Planning Act [Repealed]..................................65420
6. Specific Plans ...................................................................65450
9. Procedure for Adoption of Specific Plans and Regulations [Repealed].............65500
10.8. Water Conservation in Landscaping ..............................................65590
deletions by asterisks • Additions or changes Indicated by underline; deletions by asterisks • •
269
� S
GOVERNMENT CODE GOVERNMENT CODE § 65091
§ 65089.7. Buildings and structures damaged as result of civil unrest; April 29, 1992 state of
emergency; application of chapter
9.3, the agency determines,
,g with the requirements of (a) Buildings and structures that were damaged or destroyed in Los Angeles County as a result of
)r county in writing of the the civil unrest during the state of emergency declared by the Governor on April 29, 1992, are not
t of the written notice of subject to the requirements of this chapter when permission is sought to repair or rebuild. This
the congestion management section does not exempt buildings or structures from any other requirement of the local jurisdiction a
nformance and shall submit otherwise applicable. s
(b) This section shall become inoperative on June 1, 1995, and as of January 1, 1996, is repealed,
e Controller shall withhold unless a later enacted statute, which becomes effective on or before January 1, 1996, delete 1 or
lg city or county by Section. extends the dates on which it becomes inoperative and is repealed.
(Added by Stats.1992, c. 444 (A.B.3093), § 5.)
:e of nonconformance the 1 So in enrolled bill.
mance, the Controller shall
or coun . Repeal
coun is in conformance ouSection
t c �onn65089.7 becomes inoperative June 1, 1995, and is repealed Jan 1, 1996, by its i.
is withheldpursuant to this
i
s.
,ets of regional significance CHAPTER 2.7. PUBLIC HEARINGS
tgraph(5)of subdivision
�ency. The agency shall not Section
65090. Public notice for plans.
10. Amended by Stats.1990, 65091. Public notice for projects.
65092. Mailed notice.
65093. Failure to receive notice.
65094. Notice of a public hearing defined.
at the June 5, 1990, election. 65095. Continued hearings.
:utory Notes under § 14525.5. 65096. Cemeteries; change in use for other purposes; application; public notice by local agencies; ,
requirement.
Chapter 2.7 was added by Stats.1984, c. 1009, § 2.
§ 65090. Public notice for plans
(a) When a provision of this title requires notice of a public hearing to be given pursuant to this
section, notice shall be published pursuant to Section 6061 in at least one newspaper of general
circulation within the jurisdiction of the local agency which is conducting the proceeding at least 10
days prior to the hearing,or if there is no such newspaper of general circulation, the notice shall be
!all not give rise to a cause posted at least 10 days prior to the hearing in at least three public places within the jurisdiction of
al plan, unless the city or the local agency.
asportation element of its (b) The notice shall include the information specified in Section 65094.
(c) In addition to the notice required by this section,a local agency may give notice of the hearing
in any other manner it deems necessary or desirable.
(Added by Stats.1984, c. 1009, § 2.)
-?ndment 1 is approved by the Historical and Statutory Notes
,90, direct primary election."
,roved at the June 5, 1990, 1984 Legislation Former § 66451.4, added by Stats.1980, c. 1154, p.
Legislative intent relating to Stats.1984,c. 1009,see 3808, § 1.
note under Educ.C.§ 39002.
Derivation: Former §§ 65351, 65355, 65500, added
July 10, 1989 by Stats.1965,c..1880,p.4339, § 5.
zto prior to July 10, 1989,
pt actions required to be § 65091. Public notice for projects
congestion management
(a) When a provision of this title requires notice of a public hearing to be given pursuant to this
section, notice shall be given in all of the following ways:
(1) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the
owner of the subject real property or the owner's duly authorized agent,and to the project applicant.
at the June 5,1990,election. (2) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each
,ry Notes under § 65089.5. local agency expected to provide water,sewage,streets,roads,schools,or other essential facilities or
iterisks ' ' ' Additions or changes indicated by underline; deletions by asterisks • • '
267