The URL can be used to link to this page

Home My WebLink AboutRES 1990 218 0702RESOLUTION NO. PC -90 -218 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MOORPARK ZONING CODE, IN COMPLIANCE WITH HEALTH AND SAFETY CODE SECTION 25135.7(C), TO REQUIRE THAT APPLICABLE PROJECTS ARE CONSISTENT WITH THE VENTURA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN'S GENERAL AREAS AND SITING CRITERIA FOR HAZARDOUS WASTE FACILITIES WHEREAS, at a duly noticed public hearing on July 2, 1990, the Moorpark Planning Commission considered proposed amendments to the Zoning Code, as identified in attached Exhibit A. related to implementation of the Ventura County Hazardous Waste Management Plan in compliance with Health and Safety Code Section 25135.7(c); and ! WHEREAS, the Planning Commission after review and consideration of the information contained in the staff report dated June 26, 1990, concurs that the proposed Zoning Code amendments will not have a significant effect on the environment and are exempt from CEQA; and WHEREAS, at its meeting of July 2, 1990, the Planning Commission considered said proposed amendments at a public hearing and reached its decision; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Planning Commission concurs that the project is exempt based on Sections 15061 and 15308 of the State CEQA Guidelines, and recommends that a Notice of Exemption be filed. SECTION 2. The Planning Commission hereby finds that adoption of an ordinance consistent with the proposed Zoning Code revisions identified in Exhibit A would serve to further protect the public health, safety and welfare. SECTION 4. The Planning Commission hereby finds that adoption of an ordinance consistent with the proposed Zoning Code revisions identified in Exhibit A would not result in an inconsistency with the City's General Plan. SECTION 5. The Planning Commission hereby finds that adoption of an ordinance consistent with the proposed Zoning Code revisions identified in Exhibit A would satisfy the requirements of Health and Safety Code Section 25135.7(c). SECTION 6. The Planning Commission hereby recommends that the City Council adopt an ordinance which amends the Municipal Zoning Code, consistent with the proposed revisions identified in Exhibit A; and that the Council consider adopting these revisions in conjunction with City adoption of the new County Zoning Code. The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioners Scullin, Schmidt, Talley, Lanahan; NOES: None; ABSENT: Chairman John Wozniak PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF JULY, 1990. ATTEST: C�24ok Xl'Yllze� Celia La Fleur Secretary //tiLtd ►�- .' Vice -Chai an, William Lanahan EXHIBIT A ARTICLE 2 DEFINITIONS Section 8102 -0 - APPLICATION OF DEFINITIONS The following language is proposed to be added to the Zoning Code: Hazardous Waste - A waste, or combination of wastes which because of its quantity, concentration, or physical, chemical or infectious characteristics may do either of the following: 1) Cause or significantly contribute to an increase in mortality or increase serious irreversible, or incapacitating reversible, illness. 2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Unless expressly provided otherwise, the term "hazardous r'^ waste" shall be understood to also include extremely hazardous waste and acutely hazardous waste. (Reference: Section 25117 California Health and Safety Code) Hazardous Waste Facility - All contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of those units. (Reference: Section 25117 California Health and Safety Code) The following existing definition is proposed to be amended as shown: Waste Treatment and Disposal - Public or disposal facilities or transfer stations, operated for the purpose of recycling, reclaiming, treating or disposal of garbage, sewage, rubbish, offal, dead animals, oilfield wastes, hazardous waste, or other waste material originating on or off the premises. The Planning Commission June 26, 1990 Page 4 The Plan also identifies that commercial offsite transfer, storage, treatment, and recycling facilities are preferred in industrial zones, although they can be considered in other areas if consistent with the siting criteria and if within the designated proximity (10 -20 miles) to those who may use the facility. Since the City does not currently have any M -3 Zoning, these type of facilities would not be permitted in the existing industrial areas within the City. If the City adopts the new County Zoning Code, there would be the potential for "waste treatment and disposal facilities" to locate in OS, AE, RA, or RE Zones, subject to approval of a conditional use permit and consistency with the County Hazardous Waste Management Plan Siting Criteria. Environmental Clearance Pursuant to the California Environmental Quality Act (CEQA) , an evaluation has been conducted to determine if the proposed project could significantly affect the environment. It has been found that a significant effect would not occur and that the proposal is exempt from CEQA based on Sections 15061 and 15308 of the CEQA Guidelines. Section 15061 identifies that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and states: " ..Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." Section 15308 exempts: "...actions taken by regulatory agencies, as authorized by State or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment." Recommendation Staff is recommending that the Planning Commission adopt the attached resolution (Exhibit D) recommending that the City Council adopt an ordinance which requires that all applicable zoning, subdivision, conditional use permit, and variance decisions are consistent with the portions of the Ventura County Hazardous Waste Management Plan which identify specific sites or siting criteria for hazardous waste facilities. Staff does not recommend continuance of this matter due to the State mandate that cities must take action within 180 days after approval of the County Hazardous Waste Management Plan. PJR /DST Attachments: Exhibit A: Proposed Changes to Zoning Code Exhibit B: Ventura County Hazardous Waste Management Plan Siting Criteria Exhibit C: Mapped Siting Criteria Exhibit D: Draft Resolution