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Resolution No. 3719RESOLUTION NO. 3719 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO THE. GENERAL PLAN NO. 90 -1 AMENDING THE LAND USE ELEMENT THEREOF TO SET FORTH THE POLICIES APPLICABLE TO 'HAZARD WASTE FACILITIES SITING IN THE CITY OF CYPRESS THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE, DETERMINE, ORDER AND FIND AS FOLLOWS: WHEREAS, the California State Legislature in 1986 adopted Assembly Bill 2948 and modified this legislation in 1989 by Assembly Bill 19201 regarding the location, regulating, and implementing hazard waste which imposed numerous duties on local governments in the State of California ; and, WHEREAS, there currently exists limited facilities in which current hazard waste may be processed, stored, or disposed; and, WHEREAS, the recently enacted legislation requires local jurisdictions to develop plans and policies for implementing hazard waste programs and proving for the siting of certain facilities; and, WHEREAS, should a local jurisdiction not develop a plan and have appropriate policies, regulations, ordinances, and General Plan documents the local jurisdiction's ability to regulate the siting of hazardous waste facilities is substantially limited; however, if the appropriate plans, policies, ordinance, and General Plan documents are developed, the City retains a substantial amount of regulatory authority; and, WHEREAS, the City Council of the City of Cypress desires to retain substantial control over the siting of hazardous waste facilities within the City of Cypress, the City Council deems the adoption of appropriate plans, policies, ordinances and General Plan documents to be in the best interest of the City of Cypress and its residents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress does hereby approve General Plan Amendment No. 90 -1, as said Amendment is set forth in Exhibit °A," attached hereto and incorporated herein by this reference. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of March, 1990. YO OF THE CITY OF RESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA COUNTY OF ORANGE I, DARRELL Cypress, California Resolution was duly Council of the City of March ) ss ESSEX, City Clerk of the City of DO HEREBY CERTIFY that the foregoing adopted at a regular meeting of the City of Cypress, held on the 26th day 1990, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSTAINED: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Age CITY' GYI,E1U( Off' THE ¢TTY OF CYPRESS es 3 EXHIBIT "A" GENERAL PLAN AMENDMENT NO. 90 -1 AMENDMENTS TO THE LAND USE ELEMENT OF THE CYPRESS GENERAL PLAN TO ESTABLISH POLICIES AND REGULATIONS FOR THE SITING OF HAZARDOUS WASTE FACILITIES. This General Plan Amendment establishes the policies and criteria for the siting of hazardous waste facilities within the City of Cypress. The following are technical amendments to the Cypress General Plan which amend individual pages of the Land Use Element and establish a new subsection specifically addressing hazardous waste issues. The section entitled "Land Uses" for "industrial areas" as set forth on Page Six of the General Plan is hereby amended to read as follows: "Areas which are designated indus- trial on the General Plan Map may best be described by either of two general uses: light industrial or business park. Light industrial is for limited service commercial or light industrial uses that can meet the high performance standards, but that frequently do not meet the high performance and development standards appropriate to planned research and development of industrial parks. Certain hazardous waste facilities may be sited within areas identified for indus- trial development as set forth in General Plan Amendment 90 -1. The particular waste siting criteria policies and elements are set forth in the General Plan Amendment of 90 -1, amendments to Page 24. Business park uses are intended to be modern industrial and commercial developments which meet high performance and development standards of the City. Generally this type of development is limited to specific areas of a city, designed solely for business park. Proximity to arterial streets and access to the freeway and railroad are considered extremely important. Certain hazardous waste facilities may be sited -1- within areas designated as business park pursuant to General Plan Amendment No. 90-1." The Land Use Element of the General Plan, section entitled "Local Issues" the subsection on "Waste Management" found at Page 23 of the General Plan is hereby amended by deletion of the third paragraph with reference to hazardous waste. A new subsection is hereby added to the Waste Management subsection entitled 'Hazardous Waste Siting" to be located on Page 24. This section shall read as follows: "No hazardous waste disposal sites exist in Orange County. All hazardous wastes are transported to the Class I facility in Santa Barbara called Casmalia Disposal Company, or the Class I facility in Kettleman City (near Bakersfield), called Chemical Waste Management. In order to implement the requirements of Assembly Bill 2948, from 1986, and Assembly Bill 1201 from 1989, the City Council establishes this section to provide 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 the City of Cypress. HAZARD WASTE FACILITY SITING POLICIES The City Council hereby adopts the following policies: 1. The City of Cypress prioritizes hazardous waste management strategies as follows: source reduction (top priority), on -site recycling, off -site recycling, on -site treatment, off -site treatment, and disposal (last priority). 2. The City will place public participation as a top priority throughout the process of siting hazardous waste facility projects. 3. The City of Cypress will cooperate fully with other local, state, and -2- 4.9 federal agencies to efficiently regulate the management of hazardous materials and hazardous waste. 4. Transportation of hazardous waste will be minimized, and regulated where possible, to avoid environmentally sensitive areas and populated, congested, and dangerous routes. 5. The regulations governing the discharge of hazardous waste into sewer systems will be strictly enforced. 6. The City of Cypress recognizes that household hazardous wastes are a problem, and will work with the County of Orange to properly manage household hazardous wastes. The Cypress General Plan, when the General Plan is fully amended, will address types and quantities of household hazardous waste generated in Cypress, options and strategies for managing these wastes, and a program for educating the residents of Cypress as to identification and proper management of household hazardous waste. STANDARDS AND LOCATIONAL CRITERIA All specified hazardous waste facility projects in the City of Cypress must comply with the following provisions: (1) PROXIMITY TO POPULATIONS. For a residual repository, as that term is defined in the Health & Safety Code, the distance from the active portion of the facility to one or more residences must be a minimum of two - thousand (2,000) feet. Treatment and storage facilities, as those terms are defined in the Health & Safety Code, shall comply with zoning setback requirements for industrial facilities, unless a greater distance is justified pursuant to a risk assessment. (2) PROXIMITY TO IMMOBILE POPULATIONS. For all types of facilities, a risk assessment must be performed which details the maximum credible accident from the facility operations and its impact on all immobile populations in the City -3- 9 `:A of Cypress. The extent of the study must appropriately address the quantity and types of wastes that could be received at the facility. It must also include consideration of the design features and planned operational practices at the facility. Additionally, the study must provide an estimate of the distance over which the affects of a spill or emergency situation would carry, a variety of options for reducing the risks, and procedures for dealing with such spills or emergency situations. (3) CAPABILITY OF EMERGENCY SERVICES. All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association. In addition, hazardous materials accident response services at the facility may be required based on the type of wastes handled or the location of the facility. (4) FLOOD HAZARD AREAS. Residual repositories are prohibited in areas subject to inundation by floods with a one hundred (100) year return frequency, and shall not be located in areas subject to flash floods and debris flows. All other facilities shall avoid locating in flood plains or areas subject to flash floods and debris flows unless they are designed, constructed, operated, and maintained to prevent migration of hazardous wastes in the event of inundation. (5) PROXIMITY TO ACTIVE OR POTENTIALLY ACTIVE FAULTS. All facilities are required to a have a two hundred (200) foot setback from a known active earthquake fault. (6) SLOPE STABILITY. Residuals repositories are prohibited in areas of potential rapid geologic change. All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, -4- and maintained to preclude failure as a result of such changes. (7) SUBSIDENCE /LIQUEFACTION. Residuals repositories are prohibited from locating in areas of potential rapid geologic change. All other facilities shall avoid locating in areas of potential_ rapid geologic change unless containment structures are designed, constructed, and maintained to preclude failure as a result of such changes, subject to the determination of the Public Works Director /City Engineer. (8) DAM FAILURE INUNDATION AREAS. All hazardous waste management facilities shall locate outside a dam failure inundation area. (9) AQUEDUCTS AND RESERVOIRS. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies contained in reservoirs and aqueducts. (10) DISCHARGE OF TREATED EFFLUENT. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available, the site shall be evaluated for ease of connecting to a sewer or for the feasibility of discharge directly into a stream or the ocean. (11) PROXIMITY TO SUPPLY WELLS AND WELL FIELDS. A residuals repository shall be located beyond the cone of depression created by pumping a well or well field for ninety (90) days. Location is preferred where the saturated zone predominantly discharges to non - potable water without any intermediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the cone of depression created by pumping a well field for ninety (90) days unless an effective hydrogeologic barrier to vertical flow exists. (12) DEPTH TO GROUNDWATER. Residuals repositories and facilities with subsurface storage and /or treatment are prohibited in areas -5- where the highest anticipated elevation of underlying groundwater is five (5) feet or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California Registered Geotechnical Engineer. (13) GROUNDWATER MONITORING. Residuals repositories and facilities with subsurface storage and /or treatment must develop a program that successfully satisfies the RWQCB permit requirements for groundwater monitoring. Facilities which handle liquids shall be located where groundwater flow is in one direction with no vertical interformational transfer of water. (14) MAJOR ACQUIFER RECHARGE AREA. Residuals repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional acquifer. Facilities with subsurface storage or treatment must be located at least one -half (1/2) mile away from potential drinking water sources. All other facilities located in areas known to be, or suspected of, providing recharge to an existing water supply well shall provide for increased spill containment and inspection measures, as determined necessary by the Public Works Director /City Engineer. (15) SOIL PERMEABILITY: Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board. All other above ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices. All other facilities may be located in areas where surficial materials are principally -6- highly permeable materials if adequate spill containment and inspection measures are employed. (16) EXISTING GROUNDWATER QUALITY. Residuals repositories are allowed only where the uppermost water - bearing zone or acquifer is presently mineralized (by natural or human - induced conditions) to the extent that it could not reasonably be considered for beneficial use. All other facilities located in areas where existing groundwater quality is Class 1 or Class 2 shall provide increased spill containment and inspection measures, as determined necessary by the Public Works Director /City Engineer. (17) AIR EMISSIONS: NON - ATTAINMENT AREAS. All facilities with air emissions locating in non - attainment areas and emitting air contaminants in excess of established limits will require pre - construction review under new source review requirements, and the obtaining of a "Permit to Construct" and a 'Permit to Operate' from the South Coast Air Quality Management District. (18) AIR EMISSIONS: PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AREAS. All facilities with air emissions locating in the region which are classified under the PSD regulations as major stationary sources will be required to submit to pre - construction review and apply Best Available Control Technology. (19) RECREATION, CULTURAL, OR AESTHETIC AREAS: All facilities shall be prohibited in areas of recreation, cultural, or aesthetic value as determined by the Planning Director, Public Works Director /City Engineer and /or City Council. (20) AREAS OF POTENTIAL MINERAL DEPOSITS. Residual repositories shall not be located on or near lands classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports. All other facilities shall avoid locating on or near lands classified as containing mineral -7- deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented. (21) PROXIMITY TO AREAS OF WASTE GENERATION. Subject to other standards and criteria described herein, all facilities shall be located in areas best suited for providing services to the hazardous waste generators of the City of Cypress. Facilities which will primarily serve generators from outside the City must demonstrate why the facility cannot be located closer to the points of hazardous waste generation to be serviced. (22) DISTANCE FROM MAJOR TRANSPORTATION ROUTES. Distance traveled on minor roads shall be kept to a minimum. Facility proponents shall be required to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility. (23) STRUCTURES FRONTING MINOR ROUTES. Facilities shall be located such that any minor routes to and from state or interstate divided highways to or from the facility are used primarily by trucks, and the number of nonindustrial structures (homes, hospitals, schools, etc.) along such routes is minimal. The facility proponent shall evaluate the "population at risk" based on the Federal Highway Administration's Guidelines for applying criteria to designate routes for transporting hazardous materials. The population at risk factor shall not exceed that for existing facilities and sites with lower factors. (24) CAPACITY VS. AVERAGE DAILY TRAFFIC OF ACCESS ROADS. The changes in the ratio of route capacity to average annual daily traffic shall be negligible after calculating the number of trucks on the major and minor routes expected to service the facility. GENERAL CONDITIONS. (1) The City may impose, as necessary, conditions and standards other than those -8- presented in City Zoning Code Sections 22.101 to 22.604 above in order to achieve the purposes of this ordinance and to protect the health, safety, or general welfare of the community. (2) No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the City of Cypress and not currently being managed by a facility located in Cypress unless satisfactory compensation is made to the City or a joint powers agreement provides otherwise. (3) Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved application for land use must be approved by the City before such modifications occur at the facility. (4) The owner or operator of a hazardous waste facility project shall, prior to the local land use decision, submit to the Planning Department a written closure plan approved by the Department of Health Services. All revisions to such closure plans shall also be submitted to the Planning Department. (5) Prior to issuance of an "Occupancy Permit" to begin the use identified in the land use decision, the applicant shall show proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other Federal or State Agency. (6) No hazardous waste facility project will be approved if it significantly undercuts incentives for waste minimization by hazardous waste generators.' To the section of the General Plan Amendment entitled "Making the Plan Work" the subsection on "Goals, Objectives, Policies, and Programs" found on Page 29 of the Land Use Element should be added a notation at the botton of the page to read as follows: -9- "Note: The goals, objectives, implementation policies and implementation program for the Hazardous Waste Program are found in the Waste Management Section amendments from General Plan Amendment 90 -1 found on Page 24 of this amended General Plan."