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Ordinance 2727CITY OF ALEDA ORDINANCE NO. 2727 New Series AMENDING THE ALEDA MUICIPAL CODE BY AMENDING SECTION30-2 (DEFINITIONS) OF SECTION 30-1 (ZONING PLA), ARTICLE(ZONING DISTRICTS AND REGULATIONS); SECTION 30-4(DISTRICT USES AND REGULATIONS); AND SECTION 30-(VARIANCES, USE PERMITS: PROCEDURE); OF CHAPTER XXX (DEVELOPMENT REGULATIONS) THEREOF , TO ALLOW HAZARDOUS MATERIALS PROCESSING FACILITIES BY CONDITIONAL USE PERMIT IN THE M-2 (GENERA INDUSTRIAL MAFACTURING) DISTRICT, FOR CONSISTENCY WITH THE ALEDA COUNTY HAZARDOUS WASTE MAAGEMENT PLA BE IT ORDAINED by the Council of the City of Alameda that: Section 1 The Alameda Municipal Code is hereby amended byadding the following definitions to subsection 30.2. b (Definitions), of section 30-(Zoning Plan), Article (Zoning Districts and Regulations), Chapter XXX (Development Regulations) thereof to read as follows: 30 -DEFINITIONS. As used in this chapter: Hazardous Ma terials Processing shall mean one or moreacti vi ties to clean, repackage, or perform another industrial operation involving Hazardous Waste which is brought onto a siteand reprocessed, with the end product sent off-site. This definition shall apply to businesses which have Hazardous Materials Processing as the principal use, not to businesses which perform Hazardous Waste reduction as an ancillary acti vi ty.Hazardous Waste shall mean any hazardous waste, material, substance or combination of materials which because of itsquantity, concentration, or physical, chemical, or infectiouscharacteristics may cause or significantly contribute to increase in mortality or an increase in serious, irreversible, orincapaci tating illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored , transported , or disposed of or otherwise managed; and which requires special handling under any present or future federal, state or local law. This excludes minimal quantities of waste of a type and amount normally found in residential Solid Waste after implementation of programs for the safe collection, recycling, treatment and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code, as amended from time to time. "Hazardous Waste" shallinclude, but not be limited tQ: a. substances that are toxic,corrosive , inflammable or ignitable; b. petroleum products, crude oil or any fraction thereof and their derivatives; c . explosives, asbestos , radioactive materials or related hazardous materials; and d. substances defined by applicable local, state or federal law as"hazardous substances,II hazardous materials " " reproductivetoxins, II or II toxic substances. Section The Alameda Municipal Code is hereby amended by adding subsection 30-12 (c) (17) to subsection 30-12 (M- General Industrial (Manufacturing) District) of section 30-4(District Uses and Regulations), of Chapter XXX (Development Regulations), thereof to read: 30-General Industrial (Manufacturing) District. Uses Requiring Use Permi ts . It is the intent of this paragraph that the followinguses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise and similar considerations. 17. Hazardous Materials Processing, as defined by Subsection 30.2. b of the Alameda Municipal Code, and subj ect to the terms and conditions of Subsection 30-21.e thereof. Section The Alameda Municipal Code is hereby amended by adding subsection 30-21.3 (e) to subsection 30-21.3 (Use Permits) of section 30-21 (Variances, Use Permits: Procedure), Chapter XXX (Development Regulations) thereof, to read as follows: 30-21.3 Use Permi ts. Uses. Additional Requirement for Hazardous Materials Processing1. Use Permits for Hazardous Materials Processingfacili ties shall be subj ect to review by the Planning Board. They shall be subj ect to standards and conditions of approval, including but not limited to the following:Floodplains. Facilities in areas subject to 100-year flooding shall be protected by measures to preclude failure, such as berms, raising above flood levels, etc. Residuals Repositories. Residuals repositories, which are facilities for the permanent storage of hazardous wastes, areprohibited. Wetlands. No facilities shall be allowed in wetlands, as they are defined by regional or state policies. Endangered Species. No facilities may be located within critical habitats for endangered species, as the habitats and species are defined by the U. S. Department of the Interior or the State of California. Unstable Soils. Facilities on steep slopes and areas subj ect to liquefaction and subsidence shall have engineered designfeatures to assure structural stability.Distance from Residences. A buffer zone of at least 000 feet shall be required between the operational area of the facility and the nearest residence, unless the developer can demonstrate by risk assessment that a smaller buffer zone provides adequate protection for the public in the event of an accident. Distance from Immobile Populations. A minimum bufferzone of 5,000 feet shall be provided between a facility and any immobile population, including schools I hospitals, convalescenthomes, prisons, facilities for the mentally ill, day care centers homeless shelters, and other similar uses, unless the developer can demonstrate by risk assessment that a smaller buffer zone provides adequate protection in the event of an accident.Transportation. Pacilities shall be located so as to minimize distances to maj or transportation routes which are designed to accommodate heavy vehicles. Access routes leading to major transportation lines should not pass through residential neighborhoods and should be demonstrated to be safe with regard toroad design and construction accident rates, and excessivetraffic. Permeable Strata and Soils. Facilities shall avoidlocating on highly permeable soils or sediment Facilities in areas where surficial soils are principally permeable materials such as sand and gravel shall provide fOI spill containment and monitoringmeasures.Air Quality. All facilities shall comply with the requirements of the Bay Area Air Quality Management District. Water Quality. All facilities shall comply with therequirements of the Regional Water Quality Control Board. Facilities in high groundwater areas shall be designed to withstand failure because of geologic or soil failures. Public Services. The developers of all facilities shall demonstrate the availability of adequate public services, including but not limited to police, fire, sewer, water, emergency services, and electricity. Historic Areas. designated historic areas. Airport Zones. Facilities shall not be located within an FAA approach zone, air installation compatible use zone, or safety zone as described in the Alameda County Airport Land Use Plan. Code Compliance. Facilities shall be in full compliance with current Fire and Building codes.Alameda County Hazardous Waste Management Plan. Facilities shall be found to be in compliance in all respects with the 1995 Alameda County Hazardous Waste Management Plan.User Fee. All hazardous waste processing facilitiesshall be subject to a user fee equal to 10 percent of thefacilitys gross annual receipts, payable to the City of Alameda, as provided by Section 25173.5 of the California Health and Safety Code.2. Notification and Review. Applications shall be subj ect to additional steps of notification and review , including but notlimi ted to: a. When required by Health and Safety Code Section ' 25199 et sea , filing of a Notice of Intent to make an application withthe California Office of Permit Assistance, which shall published in a local newspaper of general circulation, and shall beposted on the subject property at least 90 days before thescheduled Planning Board hearing. Facili ties shall not be permitted in Completion of a Risk Assessment Checklist supplied by the City.c. Formation of a Local Assessment Committee, when required pursuant to Section 25199.7 (d) of the California Health and Safety Code, such Committee to provide technical assistance and consulting services as determined by the City, with all such costs to be paid by the applicant. Section 4 This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. pre mCil :SL . ty Clerk ! the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 2nd day of July 1996, by the following vote to wit: NOES: Councllmembers Arnerich DeWitt, Hannix and President Appezzato - None. AYES: ABSENT:Councilmember Lucas - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 3rd day of July , 1996.