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HomeMy WebLinkAboutPC Res 92-06 - 1992-05-20 " RESOLUTION NO. 92-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE TEXT AMENDMENT NO. 92-1 RELATING TO OFF-SITE HAZARDOUS WASTE FACILITES. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOL VB: WHEREAS, In 1986, the State legislature approved AB 2948 (Tanner), requITmg "Hazardous Waste Management Plans" to be prepared by the counties and cIties of California The major objective of the Tanner legislation IS to ensure that suffiCient hazardous waste facIlities are available ID the state to manage hazardous waste and protect the public health and envlfonment, and WHEREAS, the Tanner legislatIOn establishes that each County In the state has the responsibility to prOVlde for sufficient faCIlity capacity to manage the hazardous waste generated WIthin that county, and WHEREAS, pnmary decision-making for the lnltial siting and permitting of new faCIlities lies with the local elected officials. Local land use controls are authorIZed by the California Government Code for the protectIOn of the public health, safety and welfare and are carried out through local General Plans, zonmg and land use ordmances and permits, and WHEREAS, Local land use permits must be obtamed from cities or counties for new hazardous waste facdltles to budd and operate at particular locations FaCilities must also comply with a vanety of Federal, State and regional regulations and permit reqUirements, and WHEREAS, the Tanner legislation and the "State GUldelmes for the PreparatIOn of Hazardous Waste Management Plans" recognize local control over land use decisions and operations of hazardous waste facilities, and WHEREAS, county hazardous waste management plans must contain "FaCility Sltmg Cntena", to be used by facility developers In locating SUitable facility sites and deslgmng appropnate facilities, and to be used by cities In evaluating proposed facility projects for local land use permits, and C \WPSI\ORDlZTA92 I PCRILW\05-08-92 PltuJlllng CommI.UfDn ResolUllon No 92-6 Zone Tt!XI Amendment 92 1 re OfT-ste llauudOlU Wtule Facwt,a WHEREAS, the Tanner leglslation and subsequent legislation (AB 477, Greene, 1987) requires counties and cities to take 1ffip1ementing actions withID 180 days follOWIng state approval of the county hazardous waste management plan to Incorporate the facility sIting policies and cnteria mto local plannmg and permitting processes; and WHEREAS, the Orange County Hazardous Waste Management Plan has been approved by the State, and the cities were nonfied of this action on December 6, 1991, and WHEREAS, the attached Zone Text Amendment has been prepared based on the "Hazaldous Waste FaCIlity Model Ordmance" prepared by Orange County as part of the "Orange County Hazardous Waste Management Plan" to comply with the requirements of AB 2948, and WHEREAS, the attached Zone Text Amendment contains the folloWIng major prOVlSlons 1) Establishes a ConditIOnal Use Permit requirement for "Off-site Hazardous Waste Faclbty", In the M-l, Light Manufactunng Zone [Section 28 1500 (12)] 2) Establishes speCific "Hazardous Waste Facility Procedure" provlSlons (SectIOn 28-3300 through 28-3312); and WHEREAS, the proposed Zone Text Amendment IS In compbance with the provlSIons of Fmal Program Envlfonmental Impact Report # 490 for the Orange County Hazardous Waste Management Plan, approved by the Seal Beach City Council on Apn117, 1989, and WHEREAS, a duly nonced public heanng was held on May 20, 1992 to conSider Zone Text Amendment 92-1, and WHEREAS, the Planning Commlsslon received Into eVldence the Staff Report of May 20, 1992, along with all attachments thereto, and considered all pubbc testlInony presented, and WHEREAS, The Planning Commission made the follOWIng fmdings and recommended approval of the subject Zone Text Amendment by the City Council on May 20, 1992' C \WPSI\ORD\ZTA92 I PCR\LWIOS-08-92 2 PltllUlutg Commwum Resolullon No 92 6 ZOIlt! Tt!Jd Ammdmt!lll 92-1 re Off-sl/t! flllztudous WlISte Faetb/1eI 1 The previously prepared Environmental Impact Report (# 490) adequately dlSCloses the potential envlfonmenta1 Impacts of the proposed Zone Text Amendment, and no substantial adverse envlfonmental impacts will result upon the adoption of thlS Zone Text Amendment. 2 The proposed Zone Text Amendment will set forth policies and requlfements for establlshmg off-Slte hazardous waste facilities within the City, m accordance WIth the prOVlslons of Health and Safety Code Section 25135 7(c). 3 The proposed Zone Text Amendment does not replace or supersede any of the other General Plan elements It amplifies and supports the goals and pohcles that are included m the other General Plan elements and establishes new pohcles and requlfements where necessary m order to comply WIth the provisions of State law. 4. The proposed Zone Text Amendment IS conslstent WIth the elements of the Seal Beach General Plan NOW, THEREFORE, BE IT RESOLVED by the Planmng Commlsslon of the City of Seal Beach that Zone Text Amendment 92-1, attached as Exhlbit A and made a part hereof, is hereby approved, and recommends the same to the City Council of the City of Seal Beach PASSED, APPROVED AND ADOPTED by the Plannmg Commission of the City of Seal Beach at a meeting thereof held on the 20th day of May, 1992, by the follOWIng vote: AYES Commlssloner(s) Flfe, Dahlman, Sharp, Law, OrSlnl NOES Commlssloner( s) ABSTAIN Commlssloner(s) ABSENT Commlssloner( s) C\WPSI\ORDIZTA921 PCRILWIllS-08-92 3 J ~~1- tJ~/ ( ,~e Whittenberg L/ Secretary Planmng Commission C \WPSI\ORD\ZTA92-1 PCRILWW5-08-92 PI",I1..ng Comml8Slon Raolullon No 92 6 Zon~ Tat Ammdmtllt 92-1 Fe Off-me HtlZardous Walt' Fac,bllG 1 -i;k L/ 4