Ordinance No. 845f
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ORDINANCE NO. 845
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CYPRESS REGULATING AND
ESTABLISHING PROCEDURES. FOR THE SITING OF
HAZARDOUS WASTE FACILITIES BY ADDING
SECTION 22, "HAZARDOUS WASTE FACILITIES,"
TO APPENDIX I, "ZONING," TO THE CODE OF
THE CITY OF CYPRESS, AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:
SECTION I. Declaration of Urgency. This
Ordinance is an Urgency Ordinance and is necessary for the
immediate preservation of the public peace, health, and
safety. The facts constituting the urgency are that the
City presently lacks local regulatory authority and siting
criteria for the siting of hazardous waste facilities.
Without such local regulations and siting criteria, the City
may be required to permit a hazardous waste facility on a
site inappropriate for such use and which would pose a
danger to the public health or safety. As a result, the
City Council finds and declares that this Urgency Ordinance
is required for the immediate preservation of the public
peace, safety, and /or health of the citizens of Cypress.
This Ordinance requires a four - fifths (4/5) vote of the City
Council to be effective.
SECTION II. Appendix I, "Zoning," of the Code of
the City of Cypress is hereby amended by adding Section 22,
thereto to read as follows:
"Section 22. HAZARDOUS WASTE FACILITIES
PART 1
DEFINITIONS
22.101 Definitions Generally.
The words and phrases used in this section shall
have the meaning set forth in this Section 22.1.
22.102 Hazardous Waste.
"Hazardous waste" is defined pursuant to Health &
Safety Code S 25117.
22.103 Hazardous Waste Facility.
"Hazardous waste facility" or "facility" is defined
pursuant to Health & Safety Code S 25117.1.
22.104 Hazardous Waste Facility Project.
"Hazardous waste facility project" is defined
pursuant to Health & Safety Code S 25199.1(b).
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22.105 Land Use Decision.
"Land use decision" is defined pursuant to Health &
Safety Code S 25199.1(e).
22.106 Specified Hazardous Waste Facility Project.
"Specified hazardous waste facility project" is
defined pursuant to Health & Safety Code § 25199.1(n).
PART 2
PROCEDURES
22.201 Procedures for Applications for Land Use Decisions.
The procedures in this Section 22 shall govern
applications for a land use decision regarding hazardous
waste facility projects:
22.202 Modification of Zoning Codes to Regulate Hazardous
Waste Facilities.
A. All hazardous waste facility projects require
a Conditional Use Permit pursuant to the
requirements of this Section and Section 17 of
Appendix I, "Zoning," of the Code of the City
of Cypress. The local permitting process is
intended to assure adequate protection of
public health and the environment without
imposing undue restrictions on projects.
B. All hazardous waste facility projects must
meet the criteria listed herein unless the
City Council determines that one or more
criteria should be relaxed to meet an
overriding public need.
C. Specified hazardous waste facility projects
shall be sited only in the following
industrial zones:
1. BP- 20,000 [Business Park]
2. ML- 10,000 [Industrial /Light Zone]
3. PCM [Planned Commercial/
Light Industrial]
D. Hazardous waste facility projects, other than
those referred to in Section 22.202.C, above,
shall be sited only in accordance with the
following table:
Facility Type Zone
Treatment Storage ML- 10,000
Storage Facilities BP 20,000
ML- 10,000
PCM
Disposal Facilities ML 10,000
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22.203 Applications Fee.
The Planning Director shall not accept applications
for land use decisions unless they are accompanied by the
appropriate fees, as established by resolution of the City
Council.
22.204 Specified Hazardous Waste Facility Projects.
All applications for specified hazardous waste
facility projects must follow the procedures set forth in
Health & Safety Code SS 25199 et sec, Public Resources Code
SS 21000 - 21177, and Government Code SS 65920 et see.
22.205 Conflict of Interest.
The person, or entity, preparing the documents
required by the California Environmental Quality Act shall
not be the same person, or entity, which acts as a
consultant to the Local Assessment Committee.
22.206 Public Education Program.
All applications for a specified hazardous waste
facility project shall contain a proposed public education/
participation program to be employed during the local land
use decision making process. Such plan shall be mutually
agreeable to the project proponent and the Planning
Director.
22.207 Local Assessment Committee Comments.
The Local Assessment Committee, as a unit, shall
provide comments on the draft environmental impact report or
proposed negative declaration, as appropriate.
22.208 Hazardous Waste Facility Projects.
All applications for hazardous waste facility
projects which are not specified hazardous waste facility
projects shall follow the following procedures in addition
to, and consistent with, Public Resources SS 21000 -21177 and
Government Code SS 65920 et seq.
22.209 Planning Director's Determination.
Not later than thirty (30) working days after the
application is submitted for filing, the Planning Director
shall determine whether an application is complete for
filing purposes.
22.210 Consistency Determination.
At the request of the applicant, the Planning
Director shall, within ninety (90) calendar days after the
application has been deemed complete, issue an initial
written determination on whether the project is consistent
with the General Plan, applicable zoning ordinances, and has
met the environmental guidelines of the City for
implementing the California Environmental Quality Act
( "CEQA "). This determination will not prohibit the City
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from making a different determination when the final
decision is made if such decision is based on information
which was not considered when the initial determination was
made.
22.211 City Council Hearing.
Within ninety (90) days after the application is
deemed complete, the City Council shall hold a hearing on
the application for a hazardous waste facility project.
22.212 City Council Hearing; Additional Grounds.
In addition to the hearing provided in Section
22.211, above, a public hearing upon the application shall
be set before the City Council when:
A. The Planning Director has determined that the
application complies with all ordinance
requirements;
B. All procedures required by the City of Cypress
with regard to the California Environmental
Quality Act have been met; and
C. All necessary state and federal permits
regulating the facility have been obtained.
22.213 Notice; Mailing Labels.
Not later than one (1) month prior to a public
hearing scheduled either by the City or the Governor's
Office of Permit Assistance, the applicant shall provide
three (3) sets of mailing labels indicating all owners of
record as shown on the latest County Equalized Assessment
Roll that lie within a two thousand (2,000) foot radius of
the boundary or land owned by the project applicant and
three (3) sets of mailing labels indicating all residents,
tenants, and businesses within a two thousand (2,000) foot
radius of the boundary or land owned by the project
applicant.
PART 3
Application
22.301 Contents of Application.
Every application for a hazardous waste facility
project shall be made in writing to the Planning Director on
the forms provided by the Planning Department, and
accompanied by a filing fee as set by resolution of the City
Council. An application must include fifteen (15) copies of
the application, site plan, elevation, floor plans, and
landscape plans all drawn to scale. An application shall
also include the following information:
A. Name and address of the applicant;
B. Evidence that the applicant is the owner of
the premises involved or that the applicant
has written permission of the owner to make
such application;
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C. A plot and development plan drawn in
sufficient detail determined by the Planning
Director and the Public Works Director /City
Engineer to clearly describe the following:
1. physical dimensions of the property and
structures;
2. location of existing and proposed
structures;
3. proposed setbacks and landscaping;
4. proposed methods of circulation and
parking;
5. existing and proposed drainage patterns;
6. proposed ingress and egress;
7. proposed storage and processing areas;
9. utilization of property under the
requested land use permit;
10. the distance from the project property
line to the nearest adjacent structure,
and a description and location of such
structure;
11. proximity of the project to the one
hundred (100) year flood prone areas;
12. proximity of the project to any known
earthquake fault zones;
13. the relationship of the proposed project
to all above ground water supplies and
all known underground acquifers that
might be threatened with contamination;
14. topographic description of the property
and surrounding area;
15. a preliminary geological study of the
property and surrounding area which
comprehends as deep of a soils analysis
as there are known acquifers, regardless
of the potability of those acquifers;
16. existing and proposed utilities which
service or will be required to service
the facility; and,
17. vicinity map which indicates, at a
minimum proximity of the project to
schools, parks, and other community
facilities within the City of Cypress.
D. Identification of all waste water, treated and
untreated, generated by the proposed facility
and the method and place of final discharge;
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E. An analysis of visual, noise, and any
olfactory impacts associated with the project
and recommended mitigation measures;
F. An analysis of all anticipated air quality
impacts associated with the project and
proposed mitigation measures to ensure no
degradation of air quality in the area;
G. Identification of any rare or endangered
species of plant or animals within the project
site and recommended impact mitigation
measures;
H. Identification of the amounts (in tons),
sources, and types of hazardous wastes to be
treated, stored, or disposed of at the
proposed facility; the ultimate disposition of
the wastes, and anticipated life of the
facility. This information shall be based on
an actual survey of the industries to be
served and, thereby, be representative of the
wastes that will be processed at the facility.
I. A risk assessment which analyzes, in detail,
all probabilities of accidents or spills at
the site, transportation related accidents
from the point of origin to the facility, and
any other probabilities requested by either
the Planning Director, the Public Works
Director /City Engineer, or the City Council.
Such analyses shall identify mitigation
measures to reduce the identified risks. The
risk assessment shall identify the most
probable routes for transporting hazardous
wastes to the facility.
J. A plan that identifies an ongoing monitoring
program of air, soil, and groundwater. This
plan shall include any monitoring requirements
imposed by other permitting agencies such as,
but not limited to, the South Coast Air
Quality Management District, Regional Water
Quality Control Board and Department of Health
Services.
K. All applications shall contain a designation
of at least two (2) reasonable alternative
sites which shall be reviewed pursuant to the
California Environmental Quality Act.
L. All applications shall be accompanied by an
Environmental Information Form in sufficient
detail to enable the City to complete an
initial study pursuant to the California
Environmental Quality Act for the preparation
by a qualified environmental consulting firm
of an Environmental Impact Report or Negative
Declaration.
M. An emergency response plan that includes, but
which is not limited to, the following:
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1. That the proposed plan is consistent with
any and all applicable County and
regional emergency response plans and all
City, County, State and Federal
regulatory requirements regarding
emergency response procedure.
2. Detailed procedures to be employed at the
time of emergency for each and every type
of chemical substance and emergency,
including contingency procedures.
3. Anticipated impacts on local fire,
police, and medical services.
4. Names, home and business addresses, and
home and business telephone numbers of
all management personnel at the facility,
if known, and a detailed description of
uncontrolled release and emergency
situation reporting procedures.
An application shall not be declared
complete until such emergency response
plan is approved by the Planning
Director, and Public Works Director /City
Engineer.
PART 4
STANDARDS AND CRITERIA
22.401 Standards and Locational Criteria: General.
All specified hazardous waste facility projects in
the City of Cypress must comply with the Hazardous Waste
Siting policies, standards, and locational criteria in the
Land Use Element of the Cypress General Plan and the
provisions of this Section 22, including Sections 22.401 -
405.
22.402 Consistency with the General Plan.
The proposed facility shall be consistent with all
general plan requirements, zoning ordinances, and other
planning actions or policies that were in place at the time
the application was deemed complete.
22.403 Changes in Real Property Values.
The project proponent shall fund an independent
study of the affect of the facility on real property values
within the City. While the proponent shall fund the study,
in advance, the City shall hire and control the work of the
consultant conducting said study. Said study shall be
completed prior to action on the application by the LAC so
that the information contained in the study may be
considered by the LAC.
22.404 Direct Revenue to Local Jurisdictions.
The City may, at its discretion, explore, review,
and impose appropriate taxes, user fees, and other revenue
or compensation options.
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22.405 Changes in Employment.
The project proponent shall fund an independent
study of changes in employment anticipated if the facility
is approved. While the proponent shall fund the study, in
advance, the City shall hire and control the work of the
consultant conducting said study. Said study shall be
completed prior to action on the application by the LAC so
that the information contained in the study may be
considered by the LAC.
PART 5
SAFETY AND SECURITY
22.501 Safety and Security.
The owner or operator shall prevent the unknowing
entry, and minimize the possibility for the unauthorized
entry, of persons, livestock, or wild animals onto any
portion of the facility.
22.502 Surveillance
The operator shall provide a twenty -four (24) hour
surveillance system which continuously monitors and controls
entry onto the facility.
22.503 Fencing
Perimeter fencing shall be constructed to the
satisfaction of the Planning Director.
22.504 Signage
Signs with the legend "DANGER HAZARDOUS WASTE AREA -
UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each
entrance to the facility, and at other appropriate
locations. The legend shall be written in English and
Spanish and shall be legible from a distance of at least
twenty -five (25) feet.
PART 6
MONITORING
22.601 Monitoring.
Upon reasonable notice, and for the purpose of
ensuring compliance with all standards, conditions, and
other requirements which the City of Cypress is authorized
to enforce under its police power, City officials or their
designated representatives may enter the premises on which a
hazardous waste facility permit has been granted.
22.602 Reports
The owner or operator of a facility shall report
quarterly to the Public Works Department the amount, type,
and disposition of all wastes processed by the facility.
Included in the report shall be copies of all manifests
showing the delivery and types of hazardous wastes and
include a map showing the exact location of quantities and
types of materials placed in repositories or otherwise
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stored or disposed of onsite.
22.603 Complaints: Forwarding
The owner or operator of a hazardous waste facility
shall immediately send copies of all complaints as to
facility operations and copies of all inspection reports
made by other Local, State or Federal Agencies to the
Planning Director.
22.604 Emergency Response Plan
The emergency response plan shall be updated
annually, signed by all management personnel at the
facility, and distributed to all local emergency response
agencies and the Planning Director.
PART 7
GENERAL CONDITIONS
22.701 General Conditions.
The City may impose, as necessary, conditions and
standards other than those presented in Sections 22.101 to
22.604 above and in the Land Use Element of the Cypress
General Plan, in order to achieve the purposes of this
ordinance and to protect the health, safety, or general
welfare of the community.
22.702 Excess Volume.
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 or in governmental agreement provides
otherwise.
22.703 Modifications.
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, including
the Conditional Use Permit, must be approved by the City
through an amendment to the Conditional Use Permit before
such modifications occur at the facility.
22.704 Contingency Operation Plan.
Every hazardous waste facility project must have a
contingency operation plan approved by the California
Department of Health Services (DHS). A copy of the
contingency plan approved by DHS shall be maintained at the
facility. The facility owner or operator shall provide a
current copy of the contingency plan to the Chief of Police,
Fire Chief, each hospital within ten (10) miles, and the
Orange County Department of Environmental Health.
22.705 Closure P]an.
The owner or operator of a hazardous waste facility
project shall, prior to the local land use decision, submit
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to the Planning Director a written closure plan approved by
the Department of Health Services. All revisions to such
closure plan shall also be submitted to the Planning
Director.
22.706 Affective Responsibility.
Prior to issuance of an "Occupancy Permit" to begin
the use identified in the land use decision, the applicant
shall submit, to the City Manager, 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.
22.707 Indemnification.
The applicant agrees to protect, defend, indemnify,
and render harmless the City of Cypress and its City
Council, City Attorney, and all officers, employees and
agents of the City against and from all claims, actions, or
liabilities relating to the land use decision or arising out
of its implementation at the Site.
22.708 Emergency Response Procedures.
Owners /operators of all facilities shall prepare
and submit an annual emergency response preparedness report
to the Planning Director. Such report shall be initialed by
each person at the facility who has emergency response
responsibilities.
22.709 Environmental Monitoring Report.
Owners /operators of all facilities shall submit an
annual air, soil and groundwater monitoring report to the
Planning Director.
22.710 Release Response Costs.
The facility owner /operator shall be responsible
for all costs incurred by the City of Cypress and its
officers, agents, employees, or contractors, for responding
to a release or threatened release of hazardous wastes at or
enroute to or from the facility.
22.711 Extremely Hazardous Wastes.
Any storage, treatment, disposal or transportation
of "extremely hazardous waste" as defined in Section 25115
of the Health and Safety Code, by the facility
owner /operator shall be reported to the Planning Director at
least forty -eight (48) hours prior to such storage,
treatment, disposal, or transportation.
22.712 Compliance Costs.
All costs of compliance with this Ordinance shall
be borne by the facility owner /operator.
22.713 Enforcement.
The City of Cypress may employ any and all methods
permitted by law to enforce this Ordinance.
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PART 8
REQUIRED FINDINGS
22.801 Findings.
The findings specified in this section shall be
made in writing prior to making a land use decision which
will allow the siting of a hazardous waste facility project:
A. The project is consistent with the General
Plan.
B. The Project is not be detrimental to the
health, safety, or general welfare of the
community.
C. The Project Site is or will be served
adequately by roads and other public or
private service facilities.
D. The Project has met or exceeded each
requirement of this Ordinance.
E. The environmental impacts identified in the
Environmental Impact Report or Proposed
Negative Declaration have been adequately
mitigated, and that a Mitigation Monitoring
Program has been established for each
mitigation measure.
PART 9
LAND USE DECISION
22.901 Duration of Land Use Decision.
The life of the land use decision shall be
determined at the time of approval and shall not exceed ten
(10) years. The project proponent shall commence
substantial construction of the facility within two (2)
years of the land use decision and such construction must be
pursued diligently to completion."
SECTION III. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions,
sentences, clauses, phrases or portions thereof be declared
invalid or unconstitutional.
SECTION IV. The City Clerk is hereby authorized
and directed to certify as to the passage of this Ordinance
and to give notice thereof by causing copies of this
Ordinance to be posted in three public places throughout the
City.
PASSED AND ADOPTED by the City Council of the City
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of Cypress at a regular meeting held on the 26th day
of March . 1990.
OF THE CITY OF YPRE
SS
ATTEST:
CIT CERK E CITY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of the said City
Council held on the 26th day of March 1990; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Age
CITY CLERK OF THE ulTY OF CYPRESS