19.58.178 Hazardous waste facilities | Chula Vista Municipal Code

19.58.178 Hazardous waste facilities.

A hazardous waste facility as defined in CVMC 19.04.002 may be considered for permitting only within an industrial zone which is also located within a general area identified in Section 5.5 of the public facilities element of the General Plan as an area appropriate for the acceptance and consideration of an application for such a facility. A hazardous waste facility may be allowed within a location as indicated above upon the issuance of a conditional use permit, subject to the following standards and guidelines:

A. Purpose and Intent. It is the intent of this section to establish and clarify local requirements and procedures for the review and approval of conditional use permit applications for a hazardous waste facility, consistent with the provisions of Section 25199, et seq., of the California Health and Safety Code (Tanner Act), and with the objectives, policies, and criteria of the public facilities element of the General Plan regarding hazardous waste management planning, and the siting and permitting of hazardous waste facilities.

B. Applicability. Any conditional use permit granted for a hazardous waste facility pursuant to CVMC 19.14.060 through 19.14.130 shall comply with the applicable provisions of this section which are supplementary to, and in the event of conflict shall supersede, the regulations set forth in CVMC 19.14.070 through 19.14.130. Subsections (D), (E), (F), (G), (H), (I), (J), and (K) of this section shall apply to all hazardous waste facilities as defined in CVMC 19.04.002, and as herein defined.

1. “Hazardous waste” shall mean a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

a. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

b. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

In addition, “hazardous waste” shall include the following:

a. Any waste identified as a hazardous waste by the State Department of Toxic Substances Control.

b. Any waste identified as a hazardous waste under the Resource Conservation Recovery Act, as amended, 42 USC Section 6901, et seq., and any regulations promulgated thereunder.

c. Extremely or acutely hazardous waste, which includes any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration, or chemical characteristics.

2. “Hazardous waste facility” means any facility used for the storage, transfer, treatment, recycling, and/or disposal of hazardous wastes or associated residuals as defined in CVMC 19.04.002.

3. “Land use decision” shall mean a discretionary decision of the City concerning a hazardous waste facility project, including the issuance of a land use permit or a conditional use permit, the granting of a variance, the subdivision of property, or the modification of existing property lines pursuant to Title 7 (commencing with Section 65000) of the California Government Code.

1. Pursuant to the provisions of State Health and Safety Code Section 25199.7(a) and (b), at least 90 days before filing an application for a conditional use permit for a hazardous waste facility, the applicant shall file with the Planning Department and with the Office of Permit Assistance in the State Office of Planning and Research a notice of intent (NOI) to make the application. The NOI shall be on such form as approved by the Director of Development Services, or designee, and shall specify the project location to which it applies, and contain a complete description of the nature, function, and scope of the project.

2. The Planning Department shall provide public notice of the applicant’s intent to apply for a conditional use permit, pursuant to the noticing procedure in CVMC 19.12.070, and by posting notices in the location where the proposed project is located.

3. Costs incurred by the City in processing said public notice shall be paid by the project proponent through establishment of a deposit account for such purposes with the Planning Department at the time the NOI is filed.

4. The NOI shall remain in effect for one year from the date it is filed, unless it is withdrawn by the proponent. However, a NOI is not transferable to a location other than that specified in the NOI, and in such instance the proponent proposes to change the project location, a new NOI shall be prepared, and the procedure shall begin again for the new location.

5. Within 30 days of the filing of the NOI, the applicant shall schedule a preapplication conference with the Planning Department to be held not later than 45 days thereafter, at which time the applicant and the Planning Department shall discuss information and materials necessary to evaluate the application. Within 30 days after this meeting, the Director of Development Services, or designee, shall inform the applicant, in writing, of all submittals necessary in order to deem the conditional use permit application complete.

6. The applicant may not file an application for a conditional use permit unless the applicant has first complied with the above items, and presented the required application fee. Furthermore, said application shall not be considered and acted upon until it is deemed complete as provided by CVMC 19.14.070, and until all materials necessary to evaluate the application as set forth by the Director of Development Services, or designee, pursuant to subsection (D)(5) of this section have been received and accepted as to content.

7. An application is not deemed to be complete until the Planning Department notifies the applicant, in writing, that the application is complete. Said notification of completeness, or incompleteness, shall be provided within 30 days of the application submittal, or resubmittal, as applicable. After an application is determined to be complete, the Planning Department may request additional information where necessary to clarify, modify, or supplement previously submitted materials, or where resulting from conditions which were not known, and could not reasonably have been known, at the time the application was received.

8. The Planning Department shall notify the Office of Permit Assistance in the State Office of Planning and Research within 10 days after an application for a conditional use permit is accepted as complete by the Planning Department.

1. Within 90 days after a NOI is filed with the Planning Department and Office of Permit Assistance in the State Office of Planning and Research pursuant to subsection (D)(1) of this section, the Office of Permit Assistance will, in cooperation with the Planning Department, convene a public meeting (“preapplication meeting”) in the City of Chula Vista for the express purpose of informing the public on the nature, function, and scope of the proposed project and the procedures that are required for approving applications for the project.

2. The City shall arrange a meeting location in a public facility near the proposed project site, and shall give notice of said meeting pursuant to the noticing procedures in CVMC 19.12.070 and by posting at the proposed project site.

3. All affected agencies, including, but not limited to, the State Department of Health Services/ Toxic Substance Control Program, regional water quality control board, county department of health services – hazardous materials management division, and the air pollution control district, shall send a representative who will explain to the public their agency’s procedures for approving permit applications for the project, and outline the public’s opportunities for review and comment on those applications.

1. At any time after filing of the NOI, but not later than 30 days after an application for a land use decision has been accepted as complete, the City Council shall appoint a seven member local assessment committee (LAC) to advise the City in considering the hazardous waste facility proposal.

2. The membership of the LAC shall be broadly constituted to reflect the makeup of the City, and shall include three representatives of the City at large, two representatives of environmental or public interest groups, and two representatives of affected businesses and industries. Members of the LAC shall have no direct financial interest, as defined in Section 87103 of the California Government Code, in the proposed project.

3. The LAC is solely an advisory committee, and is not empowered with any decision-making authority relative to the proposed project, nor with the legal standing to assert specific project conditions. Rather, the LAC provides a mechanism for direct input on matters of concern to the general public into the environmental review process, and presents the opportunity for framing questions that should be addressed in that process, as well as in seeing that these questions are addressed as early in the process as possible.

4. As such, the LAC shall, within the time period prescribed by the City Council, advise the City of the terms and conditions under which the proposed hazardous waste facility project may be acceptable to the community, as follows:

a. Adopt rules and procedures which are necessary to perform its duties.

b. Enter into a dialogue with the project proponent to reach an understanding on:

i. The suggested terms, provisions and conditions for project approval and facility operation which would ensure protection of public health, safety and welfare, and the environment of the City of Chula Vista and adjacent communities, and

ii. The special benefits and remuneration the proponent will provide the City as compensation for all local costs and impacts associated with the facility and its operation. Such discussions shall address fair share concepts as set forth in Section 5.5 of the General Plan public facilities element, including the consideration of establishing intergovernmental agreements, and/or other compensation and incentive programs.

Said dialogue shall be responsive to the issues and concerns identified at the meeting described in subsection (G)(1) of this section.

c. With regard to subsection (F)(4)(b) of this section, any resulting proposed mitigation measures not already defined in the environmental review or permitting process would be subject to the negotiation process with the proponent, with the negotiation results forwarded as recommended terms of approval to the Planning Commission and City Council.

d. Represent generally, in meetings with the project applicant, the interests of the residents of the City of Chula Vista and the interests of adjacent communities, as principally made known through the post-application meeting.

e. Receive and expend, subject to the approval of the City Manager and authorization of the City Council, any technical assistance grants made available as described in subsection (J) of this section.

f. Advise the Planning Department, Planning Commission, and the City Council of the terms, provisions, and conditions for project approval which have been successfully negotiated by the committee and the proponent, and any additional information which the committee deems appropriate. The Planning Department, Planning Commission, and City Council may use this advice for their independent consideration of the project.

5. The City shall allocate staff resources to assist the LAC in performing its duties, and the project proponent shall be responsible to pay the City’s costs in establishing, convening, and staffing the LAC, through establishment of a deposit account for such purposes with the Planning Department at the time of filing an application for a land use decision.

6. The LAC shall cease to exist after final administrative action by state and local agencies has been taken on the permit applications for the project for which the committee was convened.

1. Within 60 days after receiving the notice of a complete application as required by subsection (D)(8) of this section, the Office of Permit Assistance in the State Office of Planning and Research will convene a public meeting (“post-application meeting”) in the City of Chula Vista of the lead and responsible agencies for the project, the proponent, the LAC, and the interested public for the purpose of determining the issues which concern the agencies that are required to approve the project, and the issues which concern the public. The Planning Department shall provide notice to the public of the date, time, and place of the meeting.

2. The issues of concern raised at the post-application meeting must include all environmental and permitting issues which will need to be addressed in the environmental document to ensure the document’s adequacy in supporting the actions of all permitting and responsible agencies for the project.

3. The post-application meeting should be held as soon as an environmental initial study or notice of preparation is available for review and comment, so that adequate opportunity is provided for meeting input to be employed in the scoping of subsequent environmental review activities.

1. All hazardous waste facility proposals shall be required to undergo an environmental review and health risk assessment regardless of facility type, size, or proximity to populations or immobile populations.

2. As hazardous waste facilities may vary greatly in their potential public health and safety, and environmental risks, the depth and breadth of environmental review and health risk assessments must be tailored on a case-by-case basis.

3. The environmental review and health risk assessment shall serve as the primary vehicles for identifying community and involved agency concerns, and providing data to be used by the LAC and the City in negotiating project conditions. As such, within 30 days following the post-application meeting, the City shall:

a. Create an ad hoc technical committee to advise the City and the LAC on technical issues regarding the scoping and preparation of the environmental review and health risk assessment. The membership should consist of staff from each of the involved permitting or responsible agencies, an epidemiologist, a toxicologist, and any other technical experts deemed necessary or desirable.

b. Convene a meeting of involved City staff, the environmental document preparer, the LAC, the ad hoc technical committee, and the project proponent to establish the scope and content for the environmental document and health risk assessment, and the need for any other technical studies. The City Council shall review the meeting outcome, and approve a final scope for the environmental review and health risk assessment prior to the commencement of work.

4. A traffic/transportation study shall be required as part of the environmental review for all hazardous waste facility proposals, and at minimum shall account for all factors addressed under the safe transportation siting criteria contained in Section 5.5 of the public facilities element of the City General Plan.

5. Upon selection of a reasonable range of project alternatives under the California Environmental Quality Act, Public Resources Code Section 21000, et seq., the City, upon the advice of the LAC and ad hoc technical committee, shall establish a preferred hierarchy among those alternatives for the purpose of determining the level of qualitative and quantitative analysis that should be performed for the health risk assessment on those alternatives. In determining this preferred hierarchy and associated level of health risk assessment, consideration shall be given to the relative feasibility of each alternative to attain the stated project objectives, and the relative merits of each alternative.

6. The health risk assessment shall serve as an evaluative and decision-making tool, and shall not be construed as providing definitive answers regarding facility siting.

7. The ad hoc technical committee shall remain intact to assist, as requested, the City and the LAC in the evaluation of the final health risk assessment and any technical studies to determine acceptable levels of risk, and/or to determine the extent and type of related conditions and mitigation measures which should be applied to the project.

8. The LAC shall not finalize its recommendations for forwarding for Planning Commission and City Council consideration until after the public review period for the draft environmental document has closed, and the LAC has had sufficient time to review any comments received.

9. Any costs associated to the formation or work of the ad hoc technical committee, in addition to any other consultant(s) the LAC deems necessary, including costs incurred in the preparation of any technical studies, shall be paid for through technical assistance grants as described in subsection (J) of this section.

1. At the request of the applicant, the City Council shall, within 60 days after the Planning Department has determined that an application for a conditional use permit is complete and after a noticed public hearing, issue an initial written determination on whether the proposed project is consistent with both of the following:

a. The applicable provisions of the City General Plan and zoning ordinances in effect at the time the application was accepted as complete.

b. The county hazardous waste management plan authorized by Article 3.5 (commencing with Section 25135) of the California Health and Safety Code, if such plan is in effect at the time of application.

2. The Planning Department shall send to the applicant a copy of the written determination made pursuant to subsection (I)(1) of this section.

3. The determination required by subsection (I)(1) of this section does not prohibit the City from making a different determination when the final decision to approve or deny the conditional use permit is made, if the final determination is based on information which was not considered at the time the initial determination was made.

1. Following the post-application meeting, the LAC and the proponent shall meet and confer on the project proposal pursuant to the provisions of subsection (F) of this section.

2. Given that the rules, regulations, and conditions relative to hazardous waste facility projects are extremely technical in nature, as are the associated assessments of potential public health and environmental risks, the LAC may find that it requires assistance and independent advice to adequately review a proposed project and make recommendations. In such instance, the LAC may request technical assistance grants from the City to enable the hiring of a consultant(s) to do any, or all, of the following:

a. Assist the LAC in the review and evaluation of the project application, environmental documents, technical studies, and/or any other documents, materials and information required in connection with the project application.

b. Interpret the potential public health and safety and environmental risks associated with the project, and help to define acceptable mitigation measures to substantially minimize or eliminate those risks.

c. Advise the LAC in its meetings and discussions with the proponent to seek agreement on the terms and conditions under which the project will be acceptable to the community.

3. The proponent shall be required to pay a fee equal to the amount of any technical assistance grant authorized for the LAC. Said fee(s) shall be paid to the City, and deposited in an account to be used exclusively for the purposes set forth in subsection (J)(2) of this section.

4. If the local assessment committee and the applicant cannot resolve any differences through the meetings, the Office of Permit Assistance in the State Office of Planning and Research may be called upon to mediate disputes.

5. The proponent shall pay one-half of the costs of any mediation process which may be recommended or undertaken by the Office of Permit Assistance in the State Office of Planning and Research. The remaining costs will be paid, upon appropriation by the legislature, from the State General Fund.

K. Additional Findings Required for Hazardous Waste Facilities. Before any conditional use permit for a hazardous waste facility may be granted or modified, in addition to the findings required by CVMC 19.14.080, it shall be found that the proposed facility is in compliance with the following:

1. The general areas policies of Section 5.5 of the public facilities element of the City General Plan.

2. The siting criteria as set forth in Section 5.5 of the public facilities element of the City General Plan.

3. The fair share principles established in Section 5.5 of the public facilities element of the City General Plan.

4. The county of San Diego hazardous waste management plan. (Ord. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2542 § 6, 1993).