Ordinance 1555
ORDINANCE No. 1555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERT(NO
ESTABLISHING PERMIT PROCEDURES FOR
THE SITING OF OFF SRE HAZARDOUS WASTE FACILITIES
i. PURPOSE
Sfu10II_l: The purpose of ehb Ordinance fs b establish uniform shndards, land.usa cngulations and a
permit review process for controWng the location, design, maintenance and safety of off site hazardous
Casts treudtlncontorsgc, transfer and dbposal fadlltla. This Ordinance is intended to implement the
ty' po cerning hazardous waste tnansgemmt, as contained fn the Public Health and Safety
Element of the General Plan, and b enacted In accordance with the statutory authority granted to bcat
government agencies under rite California Health rnd Safety Code.
IL APPLICABILITY
SeeNen ~: General Tha spedAc requirements of this Ordinance are epplicable'to the suing and
development of hazardow waste treatment, storage, transfer and disposal hdlities u defined in. Part 111
of this Ordinance.
SecNen 2• R=ceoHona The provisbro of this Otdinancs shall not apply t0 permatypu on site hazardous
waste managematt hdtitia at locations where hazardous wore b produced, and which ire owned by,
leased to, or see under the eontr+ol of the producer of the waste,
Scatters a, 4lat. rtc.^.. a.47disd All hazardow wash managematt fadlities regulated by this
Ordinutoe shall require state tkensing prior to lnshllatioa and operation. The project sponsor shall
assame all reponaibBlty in connection with obtaiNng licenses and entitkmena from ell other 6genete
having jurisdiction over such heiBry.
III. DEFINITIONS
Unless otherwise stated, the following defWtions pertain to this Ordinattc~
Section I: ^AppticanN Mans any person, agent, firm or entity applying to the City of Cupertltw for a
permit or a land use decision concerning a spedfled hazardow wane fadUty, or u otherwise defined
under the term "Proponent" contained in Section 75199.1(p of the California Health and Safety Code;
Section ?s "CItJ' Mans the Clty of Cupertino, a Glifornla municipal corporation,
SeeNoe t. ^ evnty" Means the County of Serra taara, California
Section a: ^Df.w+or^ Morns the Director of Community Development of the City of Cupertino, or
authorized agent or designee thereof.
Seetinn s. ^ .+.resners aaF~^* Mearu ^ panel formed to review the appeal by an apptkant, a
defined herdtt, of a spedfle hazardous wane fia7ity land ux application denied by the City, or of one or
more conditions of approval attached to any ofhia harardow waste fadllty tend tts~ dedsion, or an
appal brought by an Interested Pierson, as defined herein, for review of any hazardow waste fadlity land
use dedsion on tM grounds that the conditions imposed therein do not adequately protect the public
health, safety and welfare. The Governor's Appal Board membership, purpose and procedure are
defined N Section 75199.9-14 of the California Haith and Safety Code.
Seetfoe 6s ^ Na±arden^ w ..^ Mans a waste, or rnmbination of wutes, whfdl because of its
quantity, conoentntion, toxldty, corrosiveness, muagenicity, flammability or physical, ehemicii or
infectious characterinia may cause or signlAcanUy contribute to an ltterrase in morality or serious
irreversible or inapadhting illnew„ or pose a substantial present or potentlal hazard to human health
or the environment when improperly treated, stored, transported or disposed of, or otherwise
mismanaged.
Ordinance No. 15x5 Oft Site ~ Waste Facility
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Stollen 7t "H rich and Saftl^Aunsment" Means a technical and environmental evaluation of a
proposed facility, site to mnaider the phyaipl and chemical characteristics of the apeciflc types of wastes
that would be processed in acid faciUry. The assessment shall include sU content described In Part IV of
this Ordinance under Appliation Requirements.
SeeMoa a: "immobile Pppn!atiee" Mena persons present in achoo4, hospitals, mnvaleseent homes,
prisons, faeU)Nes for the mentally UI, and other similar fadUtles.
Section Sh "Interested Pmee" Means any individual or group of persons who participated In one or
moro public hearings held to consider an appUation for • land use decision for a speclflc hazardous
waste facility. "ParHdpation,' for purposes ~ thL Ordinance Section, shall include, but not be Umited to
anendanee at, giving of testimony at or submission of wrinen or verbal questions at a meeting or hearing
rnnarning said application.
Section lot "Lnd Use Dedsien" Moans a discretionary derision given by the City mneerning a
spetifle hazardous ware facLLiry Including the approval of s Change of Zone, Usa Permit, Valance or
Subdivision.
Settles vt "re ,1 As,nameet ewvness.. n •n" Means a committee of locally appointed
represenutlves whose membership, duties and mission an defined in Section 25199.7(d) of the
Gllfornia Health and Safety Cade, and a desm'bed In part VI of this Ordinance
Beetles 12: "off c_U• ,:,.nom water F Nt~!' Mans any atrtutute(s) other appurtenances or
improvements on the lard, and all comigtaus land saving awn than one proderar of harardow ware
and used for the croatmatt, transfer, stonge, resource recovery, dbposat or tecyeUng of hazardous waste,
including but not limited to:
1) Incineration fadUty
D StabiUzation/solldiflcatlon faculty
~ Chemial orddatlon faclity
4) NeutnUzatlon/precipitation fadiity
S7 transfer/stung. faeillty
Seetien 13s `Office of P It A^d^ ,nee (OPAL" Means the State of Gllfomia Office of Petmlt
Assistance
Beetles 14s "Office of Pl,nninf A Rese,rrl+ (O M Manna the State of CaUfomia Governor's Office
of Plarming and Research.
1V PROC&DURS
The following steps identify the actions to ba taken for processing of an application for an Off Site
Hazardous Was FadUty, by the appUnnt, State std the Gty of Cupertino.
Scetloe 1: Neliea of Ins..k At leaf ninety (9i1) days prior to flung an appliation with the City for a
land rue dedabn fbr an Oft Site Hazardous Waste FaellIty, the appUane shall file with the Office of
PeratU Asdstattoq std with the Coumy a Notice of Intent (NOp to auks an appUeation.
The City shall pubUsh a notlce in she Cupertino Courier, the offlefal newspaper of general eireuladon in
the City, that an NOI ha been filed, and sumaurizing the scope,lntent and ~atlon of the project. The
City shall also notify by direR tnaU owrMn of property eontlguous to the proposed kxation of the fadUty,
as Bald owners are Used on the latest egtrallzed aseeaement roll. The City shall eo:leet a fees from the
appUeant equal to the eat of ttotlflntlon er,grtired by this Section.
Ordinance No. 1555 t~te Haurdoua Waste Facility .
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section 2 FLndins at Cmenl Plan Comfatrnev Within forty five (45) days of receiving the NOT, the
City shall issue to the Appliant and to OPA a wrNten determination that the proposed applkation is or is
not consistent with the Cupertino Cenenl Plan, and with the Santa Claza County Iiazardoua Waste
Managemene Plan. Said determination shall be made following a Pnbilc Hearing before the Planning
Commluion and Ctry Coundl, In aornrdatue with the provisions of Pazt VI Section 2 of this Ordinance.
If the City determines that the apptlation !s inconsistent with either the Cupertino General Platt or the
Santa Clan County Haurdous Waste Management Plan, the applicant shall be advised in writing of the
spedfle issue(s) of incotuistency. The Applicant tray elect to modify the application and reflie the NOT
with the Office of Permit Assistance, to withdrew the appllntion, or ro ptoceed with the appllntion In its
original form. Should the applicant elect to procced with a project which is found to be inconaiatent with
the General Plan, such determinstion may be used as the basis for denial of a City land ux appllntion at
s subsequent haring, evm if acid apptlation is determined to be otherwix complete in accordance with
the requirett(enb of Part V of thin Ctrdltuuta.
SeeMen 3! Peblic Heating by oPw Within ttinery (90) days after the filing of the Notice of intent with
OPA, the City shall estabtlsh a date, time and location within Cupertino for OPA to conduct an
inforeutiottal public hearing concerning the nature, function and scope of the proposed facility, and
describe the procedures required to review the project appllatlon. Notice of said hating shall be given
in accordance with the provisions of Part Vl, Section 2 of this Ordinance. The City's Director of
Community Development shall attend the OPA hmrittg in the tole of an inforenatlon resource person.
Section ae L1.ei Agplintlon for Land Use Ayytoval Following the OPA hearing described in Part
IV, Section 3 of this Ordinance, the apptkant enay file appliaNon(s) for Ciry land ux approval actions.
The City shall ittform the applicant withi^ thirty (30) days that the wbject application(s) is/are complde
in regard to the rnntent and form s~ec.flcations of Part V of this Ordinance, and that the requisite
number of copies of requited material has been received, or shall describe in detatl the materials needed
to correct eha incomplete tuture of the submittal. in no case shall application(s) for loci land use
approval be deemed complete without payment in full of the (otlowing fees:
1) Land Ux Apptlntion Fee(s)
?) Fee for eshbl(shing, converting and staffing the Leal Assessment Committee u described in Part V
Section ! (C) of this Otdinattee.
~ Technical Assistant Grant folds u described in Part V, Section i (C3 pJ of ehia Ordinance.
Within ten (10) days of the City's acceptance of applkwtbn(a) for loci land ux approval actions as
complete. eha City shall so notify OPA in writing.
section rt Loeai Aunsment Committee ft_wCi WitMn thirty (90) days Aker acceptance of
appliatlon(s) for loaf land use approval actions a txetpiet~ The Cuperttno City Coundl shall appoint a
Loal Assessment Cotneilttee (n aorordance with the provisions of Part Vi, Seetbn 1 of this Cecdinance.
p ~p~~ MerNwe Within the prescribed statutory Hma tlmlts following notiflntlon to OPA that
the apptloatiwKs) (or 1oa1 land use approval(s) is/are complete, the OPA shall convene a ecoptng
meeting at a date, time and place within the City, subject to the hearing notice requirements
provided In Part VI, Section 2 of this Ordinance. The purpose of said sniping meeting b to determine
the isattes whkh eatcere the agtmeies regtdted to review the proposed fadllry, and the issexs which
concern the pub&. The appllnnt, the LAC, the Cupertino Director of Community Development,
and representatives of the lead Agency and Responsible Agenda shall attend the scoping meeting.
B) Mret and Coefm Following the Scoping Meeting described in the pmeding paregnph, the
appliant, the Loal Asswment Committee (LAC) and LAC staff shall meet and confer for purposes
of establlahing terms and cotditions under which the proposed Off Site Hazardous Waste Fadlity
may be acceptable to the City. Based on the testilts of the Meet and Coster Session, the apptlrant
may amend the appllntion materials submitted for the loal land ux decision.
J _
Ordinance No. 1555 Off Site ~ Waue Facility .
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Seetioe 6e ne.l T_+nd Ts• Adton Environmental Au sement Within thirty (30) days of the Meet
and Confer Seabn described in the preceding paragraph, the City's EnvironmenW Review Committee
(ERG) ehaU oases the enWronmental affects of the foal )and uses actions for the proposed Off Site
Harardow Waste Fadliry. ps provided in Part V, Section 1 (B) of this Ordinance, eha regtdrornent for
environmental asseament may be waived by the City upon prior agreement with the appUunt that an
Environatental impact Report is to bs prepared. Completion of the EnWronmental Assessment process
shall be evidenced by a recommendation of the ERC that a Negative Dalaration ba approved for all
tool land tree appUutions pertain to the proposed facility, or, in tlw case where an EnvironmenW Impact
Report is required, filing of a Notice of Completion In accordance with the California Environmental
Quality Ad Guidelines.
Section 7~ Local Lnd Use Action Publle Hndna Within thirty (30) days of completlon of the Loeai
land Use At:tion EnvironmenW Assessment, the Ciry shall conduct a Publle Hearing before thta Planning
Commissbn of the Clry of Cupertino for the foul lord use applkationG) affecting the proposed OEf Stte
Hazardow Waste Facility. Said Publle Hearing shall be subject to the notification requirements
deseribod N Part Vl, Section 2 of this Ordinance.
The Planning Commlasion's decision(s) on said application(s), whether a final action or a
recommendation to the City Coundl. shall be rendexd in aocordance with Procedural Ordinance No.
b52.
The Planning Commission's dedsion(s) to approve said appllnt(on(s), whether a final action or a
recommendation to the Ciry Council, shall be accompanied by the following written findings for each
separate attbn:
1) That eha proposed facillry i, conefseent with eha Cupertino Certeral Paart.
21 That the proposed faefUry will not M detrimental to rite heahh, safety or general weiiare of the
wmmtmity.
~ That the proposed facility is oonsiuent with the provisions of the Association of Bay Area
Governments' Regbnal Fair Share Memorandum of Understanding, and with the siting polldes
estabibhed in the Santa Clara County Hazudow Waste Management Plan,
4) That the proposed faclliry (s ronslstent with the Siting Criteria stated In Part V[, Section 3 of this
Ordinanea
Section e: City Coenetl Artton Recommendation(s) of the Planning Commbsion cronceming loaf
land use appliatbn(a) for an Off Site Haraudow Wute Facility shall ba subject to final dedabn of the
City Council, wTiTch ehaU be given at a Publle Hearing preondad by notiflation requirements as
deeaibed in Part VI Section 2 of this Ordinance.
SecHen 9e AAaeal to Gevemer's Areal Board An applicant or an Interested person may files an
appeal of a 4rtd use decision made by the City Council to the Governor's Appeal Board within thirty (30)
days after the date on whb2t the City Coundl tapes flrtal action on said Lnd use applludon. Appellants
shall follow rite peocedtere outlined b Section ?51999-14 of the California Health and Safety Coda
V. APPLICATIt?N RBQUIRHMBNTS
StdiCIIli The following matesfaL are regtrircd for submittal of a completes apptiutbn for an Off Site
Harudous Waste Fadl(ty:
A) Completed Appl(atbn Form, including property owner(s) signature, and filing fees and depodt of
other fonds as spedfled in this Ordinance.
B) Completed Initial Study Chaekllst, unkw an Environmental Impact Report is to 1» prepared by Prior
agr~eeatent betwtxn the applicant and Clty
Ordinance No. 1555 ~ite Huardous Waste Facility .
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C) Site Plan drawn to an appropriate sale which describes:
i) dimenabns of the property and aU exluing and proposed uructurp
~ surrounding Properties and improvement, and adjoining pubUe roadways within 100 feet of the
3) set circulation a~Llryes, roadways and puking, Ingress and egreu dtivewayf
4) Actual location of known earthquake fault zottes or 100 year flood plain within ]OO h of the
property, or rote desaibtng proximity of such zones if mote than 100 k. distant.
5) Existing and proposed topography of site, including pad elevation for existing and proposed
structures and tM surrounding area within 100 k. of the property boundary.
t7 Identlfindon of utilities to serve eM proposed faciity.
~ Location of buffer nines, tins hydrant, containment berms or other Iifa safety and property
protection areas and device that may be required in acoordanos with envlronmeatl impact
mitigation or strategics indicated In tM emergency eontingenry Pon, or risk assessment
required for the applintion In Part IV Section 2 of thL Otdirunce.
B) Sueh other information as the Dlrecror may deem necessary according to the specific
circumstances of eM site rn facility proposed.
D) Architectural Elevations for proposed structures or for those exluing structures whkh wUl be
modified !n the context of the appllutbn, including materLls, a rnbr palette and building height
dlmensloro.
E) Conceptual landscape plan with certification of compliance with tM Cupertino Xerlacape gukfelirtea
program.
Secion 2 Hnllh and Cafety A++~aenenN The appllntlon for pHsite Haurdous Waste Facility shall also
include the following Ekmmt of a Health and Safety Assessment. The Director and/or Local Assessment
Committee shall have tM authority to regtdre spedfk items of mnteret in eM sport addressing each Element
of the Health and Safety Assessment, aorotding to tM specific drcwnsnnces of tM site m hcility proposed.
N ~'eote'hnlcat Ft.m nt: to determine tM proximity of known active or poteretialiy active hulls,
landslide rn other hazards which could affect tM proposed fadlky design, or whkh might expose the
operation thereof to earthquake or landslkie hazards, and proposed mitigation of ouch hazards if
required. TM complete scope of work for Bald study shall be provided by the C(ty Ceologiat prior to
commencement of work on said uudy.
B> ~ to consist of the folbwittg informatksn:
1) ldentifintlon of all waste water generated by the proposed fadiky, treated and untreated, the
method of treatment and place of Hnal dlscltarge.
2) Idendfintion of known aqul(ers on or wkhln proximate dbtance of the eke of the proposed
fadllty, and impact of the project upon sold aquifers regandlds of the potability of said aquifers.
C) Traffic Element: to determine the dally Mp generation rate for the proposed fadlity, es the
Mp rata during the weekday evening peak hour, im~ad on existing Level of Servk~oBryany
signalized intersection it eM Project vldNty, and identiflntlon of tM haul route from the Gty Limit
ro tM fadllq, hxluding any Bkdy alternatives.
D) Harardow Waste Element to identify the amount (tonnage) and types of hazudow waua ro be
treated at tM proposed facility; the sovrea of these wastes; the ultimate dbposition of the wastes, and
the anddpated life of tM fadlity. lttformatlon shall be provided on the amount, sources and types
of hazardots wastes ro be nested based on an actual survey of the indusMes to be served.
~ to peevatt the tuuutMrized entry of peons or animal onto any portion
of the fadllry. Said Ekmteni shall contain appropriaa speciAatlom for control of entry to the faeUity,
adequate perimeter fencing and 24 hour surveillance by on premise secvr(ty personnel or by
moNtored electronic media, and such other information as may be required by the Cky or
cooperating agsnry.
TM applintlon for Offsite Hatardow Waste Fadlity shall alw indude a rlak
assessment for each project to estimate the level of risk to huatan health and the environment. The rink
assessment shall include the following:
Ordinance No. 1555 Off Site ffuarcl, Wute Facility .
f age-6-
A) Tha physical and chemical characteriatin of the varbw wastes ro be processed at the facility.
B) Determination of acute and chronic health threats, based on wont use and maximum credible
accident scenuios.
C) Chazacteeizatlon of roudne emissbm (operative and fug[tlve) from the maximum credible accident
scenario.
D) Chuacterizatlon of exposure pathways for all emissbns, including those along the identlftad haul
route(s) within the City Limit.
Information Erom the Risk Assessment shall be inmrponted Into the findings of the project environmental
review, and the Emergency Contingency Plan described In Patt N, Section 4 of this Ordinance.
Section 4: Emer;~enw Conti~ej'y Plan The applteation for Ofhite Hazardous Waste Facility shall
Include a preliminary plan for emergency procedures designed to minimize hazards to human health or the
environment from firs, explos[ons or any sudden or non-sudden relase of hazardous waste or constituent
products to the air, soil or surface water. Content requirement of the Emergency Contingency Plan an as
follow:
A) Actionr to be taken by hdlity empbyea to response to a fire, explosion or unplanned release of
hazardow waste at the hdUry.
B) Designation of a Facility Emergency Coordinator and identlflcaHon of the responsibilities of that
person h the event of a fin, explaion or utplanned nlase of hazardow waste at the facUity.
C) Arrangement and protocob agreed to by local emergency response officials for various emergency
sitwtions.
D) Listing and keeatlon of ail emergency equipment at the hdlity, and deaaiptlon of (t apabilities.
Section s: dean.. Pte.. The appllntlon for Ofhite Hazardow Wane Facility shall Include a closure plan
which shall identify step necaury to oompletely or partWly close the hdlity during it intended Bfe and to
completely close the fadlity at the end of intended opentlng life. The doaun plan shall provide for post
closure monitoring to detect and correct leakage from atoned materlale, provisions for reclamation and
maintenance of the site so that appropriate and atgoing wee may follow the closun prates, and desaipHon
of financial arrangement to fund the clown std pat tlaure proeas.
Section 6: Monitorlnt,Plan The appiintion for Ofhite Hazardow Waste FaciUty shall ciao include a
monitoring plan to enaun that the Eadllty openta mrtletete with the requirements of the Qty of Cupertino,
and with the requitement of coopentlng agenda with )urtsdktion Including but not limited to Bay Area Air
Quality Management Dbtrict, the Environmental Protaetbn Agency, Air Resources Board, Regional Water
QwUty Control Board and such other agenda as deemed appropriate by the City. The monitoring plan shall
mntain at least the following:
N Provision for Wpeclion of the hdllty by City offidab or daignee(a) to ensure that the fadllty is
operating aooording to permit entltlement.
B) Provision for periodic reporting to the City the amount, type and disposition of wastes processed at
the hcillty.
C1 Summary of data from monitoring logs for pollution detection equipment, and description of
nmed4l ectlans taken to correct deviations from prescribed standards.
ceaine ~: citing di , Resod.. The appUation for Ofhite Hazardow Waste Fadiity shall also Inehde
a schedule demonstrating that the proposed facility is consistent with the altlng Mteria stated in part Vl,
Section 3 of this Ordinance.
Section e: Hearing NeNfieaNoe Li.t/ ,fling L•bel• The appUcat(on for gffsiN Hazardous Waste
Fadlity shall also include a Ust of owners of property of record , as well u resident (n non owner~occttpied
propertla looted within 1000 feet of the boundary ~ the proposed facility, as shown on the latest County
egwllzed assessment roil, and three (3) sets of maUing labels for each every on Bald Ust, along with the
following rec(plent:
Oniirunce No. 1555 t~te Haurdaus Waste Facility
Page-7-
N Adjaomt jurisdktions, including County and School Districts
B) Santa Clara Valtey Water plserict
CJ CALTRANS Dfsttkt IV
D) County Sheri( Central FIro Protection Distrkt, CA. Highway Patrol
E) Private and publicly owned water, power and newer utuitia
F) Stabs Agenda lnt:tuding Dept. of FWt and Camsi, Dapt. of Health Servloes, OPR, OPA
G) Homeowner Associatloru within 1000 ft. of the project.
S.~ioe ee Ceealafenev~gntrr.nent It U rerngnked that the diversity of Infaraution required to mmpleta
an applkation for an Ofhite Hazardom Waste Faculty will enWl input from numetrus eonsultanb and
specWists. Howsva, the Appuant duU be cespondbk b stares that the materWe submitted to the City ate
internally consistent and that the findings sad recommended mitlgating actbns an consistent and mutually
suppordve. Tlu City dull requiro correction of any Inconsistent information Identukd.
VI. SPECIAL PROVISIONS
Ceetloe is t.oc,t Asaeasmmt Commiltee Pursuant to Pact N, Section S of this Oedinactce, -the Clty
Council shall appoint a seven (~ member Local Assessment Committee (LAC). Additional members
tray be appointed to the LAC u deemed appropriate by the City Council.
N t-wC Membenhin Membe»hip of the LAC shall be broadly constltuted to reflect the makeup of
the community, and shall Incude three (3) representative s of the community at large,-two (2)
repreantatlva of envimnmenW interest groups, and two (~ reprnentatlves of affected busirtaaes
and industrks. LAC member shall have no direct flnanclal interest defined in Section 87103 of Ne
Gufornla government Code, in the proposed Ofbite Harudous Waste Fatuity ands its review.
B) t a,C DuHay and RespensiblliNn Duties and Resporoibiutks of the LAC shall include, but aro
neeaaaruy united to, the fdbwirtg:
1) Negotiate with the appllant for the proposed Offsite Hazardous Waste Fadllty on the detaued
provisions of and ooaditbns for ptuject approval which would:
a) Protect the publk: health, safety and welfare, and world ensure adegtuts proteetlon of
Cupertino's envitonmenW quality and that of surrounding juzisdictlons.
b) Promote the find welfare of the City through special txrtef{b and compensation.
2) tr rtegntistioru with t)ts project proponent, represent generally the interests of the residents of
the City and t!-oss of the sdjoWng communltles.
~ Advise the Cfty Coundl on the tams, provisions and conditions fvr Project approval which have
been agreed upon by the LAC and the appliant, with additional information which the LAC
deeau appropriate ro substantiate [ts teoommendatlon. The City Council may use the advise of
the LAC for its irdeperdent considtntlon of the project.
C) n lne~,_h+r LAC AelhiNu The apparent (or the proposed Offsita Hazardous Wane Fadllty shall
prtrvide Atrtdlag equal to the cvw inct:rred by the City In staffing the Loral Assessment Committee,
irrdtrdittg the Costa of Technlul Awiatanae Grartb desrsibed in the following PangnP~:
D Teel»tieei Aadsh~ee Graab if the LAC finds that it requires assbtanee and Independent
advkoebs sdagtsaM]y review a proposed hazardous waste facility proposal it may request a
Techttloi Asefstat-a Grant from the City ro enable the LAC to hire consultant services. Thee
servka may Include, but era rwt united to, evalrutlon of documents and materials submitted 1n
wpport of the appuntlon, or whkh are reodved from other agectcks in the cwtrrse of the review
process, and assistance In negotlating with the project proponent on the terms and conditlons
undo which the project may be acceptable to the community.
7,1 Fees for Tedtnial Msbtauce Graa4 The City shall collect from saM proponent a fee equal
to the amount of any Technical Awiatance Grant provided to the LAC. The City stall maintain
records of aB expertdittua, and return any unused portion of said fee to the proponent upon
completion of till LACs duties.
Ordinance No. 1555 OH Site F[arara Waue Facility •
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D) QpA Au . •wce If the LAC and the project proponent annot resolve disputed matters through the
meeting process specified in the Ordinance, the LAC or project prpponent may requen OPA b assist
in the resolutbn of Bald disputed marten, as provided in Section ?5199,4 of the Hmtth and Safety
Coda
D Sumer Claeae Tha local Mseament Committee shall cease to artist after Anai admiaiftntive
acdon ha been taken by all State and I.ot:al agendas on eha permit aetioas for the proposed CNhite
Hazardous Waste FadUty for whkh the LAC was formed.
Section 2s Pabik Hearluga: NodfkaHon of any hearing csquind by this Ordtnartce shall be given in
accotdaaca with Proadurat Ordlnara 652 of the City of Cupertino, In instances when the explkit
direction of this Ordinance rnntradlcu said Procedural Ordinance No. 6SZ, the nqufremenb of ehls
Ordinance shall take pracedena.
Section 3t Criteria for Siting Transfer, Treatment or ladneratlon Faeillties: Any appilcaHon
proposing to krote hazardous waste transfer, treatment, or indnention Eaelllties h the City shall comply
with all of the following criteria:
a. Cowistenq With Cotmty Play The appUntion must be oonsiuent with the Coals and Polldes of
the County Hazardous Waste Management Plan.
b. ConsLteacy with Loeai Plan: The appUcation must be mnsistertt with the City's General Plan.
e Major Aads: Trwfer, treatment, or ineineratlon hdUtla shall be kxated on a site having aocns
to mapr paved roads designed and rnnstruded ro accommodate heavy vehlda and with good
aoxss to highways or freeways. ResidentW etreea or streets in area housing immobile populetbns
ehaU not be used a designated routes for the transportation of hazardous wanes.
d F~rthgtuke Falb: Trarufer, tratment, or Indneration hdUtles shatl rat be kxated within 200 feet
of an active earthquake hull.
e. Celtaral Sigalfkaaee: Transfer, treatment, m indneratkn hdtitles dull not be located in arcs
loving partleular cultural, aesehade, htstoriul, m archaeologlal signlflnnee a identlAed in the
City's General Plea, or any Regional or State plan.
f. Critical Hablbb: Transfer, trramten4 or indneration fadUHa shall not be bntred wfthtn aitial
habitats of endangered spedee, a defined or designated in the City's gaetetrd plan or say Regional
or State plan.
g. High Prloder Protsdioa Area: Traruhr, treatment, or indneratfon EadUties atoll trot be bated in
a High Priority Protection area a designated by the Santa Clem Yalley Water District in
'Groundwater Management rn Santa CLra Valley" (Apd119f1~.
h Dam Falltare Transfer, treatment, or {ndneraHon hdUtles should avid loating in arras which
could bemome fntrttdaead dw to hUute of a dam structure unless designed, constructed, opented
and aufaWsad b preclude failure due to stilt an event.
L 100•Ytat Heed Trarts6er, treatment, or indneatfon hdUtles should avoid bxating in ants that are
subject to httmdatbn in the 100-year flood unless deigned. wnstructed, operated, sad malnbirted
to preclude 6sittae due to ouch an event.
} Rapid Geologic Change: Trarofa, treatment, or indnention hdlltlee should avid Ioating in
area o[ potential reek! geologk change such a ground aubsidertce m IlqueFactlon.
k Major Agnifen: Transfer, treatment, or indneratlon hdlttia should aw(d lettering in anus that
are known m contain highly permeable soil or are is area known to ba ptlndpal recharge arses to a
Major aquikr.
Ordinance No. 1555 ~te Haurdow Waste Facility
Page-7-
N Adjacevtt jttriad4tions including County and School Dhtrlcb
B) Sams Chia Valley Wares District
C) CALTRANS District IV
D) County Sheriff, Central Firer Protection DisMd, CA. Highway Patrol
E) Private and publicly owned water, power std newer utillde
F) Stab Agencies ittduding Dept. of Fish arwl Caste, Dept. of Healtlt Servtons, OPIl, OPA
G) Homeowrta AssocLtfon within 1000 tt. of the project.
Section 9< Cemlalener Asa Rrnrnt It is recognized that the diversity of )nforatatbn required to complete
an applkation for an Ofhite Hattrdous Waster FacWty will entail input from numerous eonsultanb and
spedalisb. However, the Appliant shall be responsible to ensure that ehs materWa submitted to the City era
Internally consistent and that the findings and recommended mitigating actbtu are mnsisbrd and mtrtwlly
supportive. The City shag tequiro correction of any inconsistent Information kfentifiad:
Vl. SPECIAL PROV[S)ONS
3eetloe 1: Local Aneaameet Committee Pursuant ro Part N, Section 5 of this Ordinance, the City
Council shall appoint a seven (~ member Local Assessment Committee (LAC). Additional members
may ba appointed to the LAC as deemed approprlab by the Ctry CourxB.
N LAliMtmFttathlR Membership of the LAC shall be broadly consdtuted to reflect the makeup of
the commtmiry, and shall include thres (3) repreyertbtlwe s of the coatattmiry at lugs, two (~
represenbdves of environmental interet groups, and two (7J representatives of affected buairtesses
and Industries. LAC members shall have no direct financial interest, defined fn Section 87103 of the
CalifornL Government Code, in the proposed Ofhlb Haurdous Wub Facility under ib review.
B) LAC Dntln and Re~eenaibll)Nee Dutles and ResponsibiBties of the LAC shall Include, but aro
necesaarfly !ladled to, the following:
1) Negodab wish the applicant for the proposed Cdfsib Hazudow Waste Fadllry on the detailed
provisions of and oondltlons for projsa approwi which would:
a) Protoet the publk heslth, safety and welfare, and would ensure adequab protection of
CuperNno'a envlronatental quaBry and that of suerotrrtdiag jtaisdtction..
b) Promote the final welfare of the Clry through spedal beneAb and mmpensadon.
~ In etagotiaNons with the project proponent, eepresertt generally the interests of the raidenb of
the Gty attd those of the ad joining coatmttnities.
3) Adviw the City Coundl on the teats, provlsbns and condidoru for project approval whkh have
been agtecd upon by the LAC and the applkartt, with additions) information whkh the LAC
deems approprtab to substantlab its recommendatlon. The City Council tray use the advice of
the LAC far tts tnd¢pendattt cotts4teradon of the project. '
C) The appBartt for the proposed Offsib Hazardous Wasb Faclltry shall
provide ftttdtng equal to the costs incurred by the Ciry in staffing the Loa) Assessment Committee,
including tin oosn of Tedmieal Aulstuta Grants described in the foUowin8 Paai3*aPh~
1) Tachfiasit Asdstasue Graab If the LAC finds that it roquira assistance and Independent
advfcr M adagtutety revew a proposed harardous wash facility proposal, it auy e:gtret a
Teelmiol Asdstartoa Grant from the Qry to enable the LAC to bite consultant services. These
service may hedrrd4 but erns not limited to, evaluatlon of docvaunb and materials submhted N
support ~ the appliatlon, or whkh are reedved from other agendas in the course of the review
process, and assistance !n negodating with the project proponent on the terms and condltlons
under which the project may be acceptable to the community.
A Fees for Tedtalnl Assfaunee Gnob The Clty dull collect from said proponent a fen equal
to the amount of any TecMial Assiabnoe Cntrtt provided to the LAC. The City shall maintain
records of all expenditure, std return any unused portion of said fee to the proponent upon
completion of the LACs duties.
Ordinarue No. i5a5 Af~ Hu~rdous Waste Fadllty
Fags-9•
t BaNer Zoos A minimum buffer zone of 1,000 feet is required between a transfer, treatment, or
indneratlon ladllry and the nearest permanent residence or area designated or coned for residendal
use, arias k can ix demon rated that a smaller buffer zone will provide adequate protection for the
public rn the event of an accident.
A minimum buffer zone of 1,000 tact is required between a transfer, treatment, or indneration focUity:
and fadlities housing Immobile populations, unless it can be demonstrated that a smaller buffer
cone wiB provide adequate protection fot the immobile population in the event of an acddent. --_ .
m. Loea1 Entergeory Rapoase Gpablllty: An application proposing to locaa a transfer, treatment,
or ineineradon fadUry within tM Clry shall Include an analysis of the ktcal emergency response
capability - including foe, police, medical, and hazardow matalaL Inddant response personnel.
n Rink Aaeutaeat: Potential impacts which could emu dw to the proximity of trwfer, treatment,
or ittdneration fadlldes shall be determined u part of the risk assusment.
o. Afr Eatisdone: Transfer, treatment, or Indneration fadlities moat demonstrate that air eatissbns
can be adegwtely mSdgated.
p. Tr:fflc Intessity: Transfer, treatment, or indneradon fadlitia must demonstrate oompiiana with
the Traffic Intensity Per(ormanca Standard (TIPS) if such fadlitia are proposed for location k the
geographic arse N which eha TIPS b app8ed. Transfer, treatment, ar irtelttaration fadllda proposedl
outside the TIPS are. shag comply with the Hxtreordinary Use Policy described in Planning
Commission Resoludon 2996.
Secdoa 4t Use of Permit A Hazardow Wute Fadliry Permit shall be granted for oNy those
subsancd std gwntida ideneified in the condidons of approval No additbnal types of wales or
[notease fn the quandty of approved waste shall ba allowed bryond those specified in the approved
fadlity permit, unlew a separate application U made therefore whkh shall sadsfy tM same procedum
and contena u those required in an Wtial application.
Any offsia harardow wua fsdliry permit thae is granted shag be wed within one (1) year from the
effective date thereof, or within such additlonal tlme a tray ba set in the mndidons of approval which
shall trot exceed a tool of two (2) year; otherwise the permit shall be null and wid. Notwithstanding the
foregoing, iE a permit is required to be used within less than two (2) years the pererdttee may, prior to its
ezplradon, roqueMan extendon of time in whkh to use eha permit. A tsquat for extension of time shall
be made to the City Courtdl and shag be filed wish tt ~ ' .raring Director, accompanied by the fees
established by the City Couttdl. within thirty (30) says fobLwing the filing of . tequeN for an extension,
the Planning Director shall set the matter as an adverdeed public hearing on the ntgttlar agenda of the
Planning Commission who shall review eha appllcadon, make a recommendation thereon, and forward
the matte: to the City Coundl. An extension of Hma may be granted by the Gry Coundl upon a
deteradnadon that valid resort exisa foe the permittea not wing the permit within the required period of
tithe. If an ~ b granted, the coal dma albwed for use of the permit shall not exceed a period of
three (3) yaers~ eakvlated from ehs effective date of the issuance of the original permit. The term 'use"
shall mean the bs>6ietning of substantial constructlon of the we that b authorized, which mnstntcdon
muse thereeRar be ptasetad diligently to mmpietion.
Vft. PENALTIES:
Sedbn 1: Vbiadons of any providon of this Ordinateca mnsdtutd a misdemeanor punishable as
ptesaibed in Chapter 1.12 of the Cuperdrto Munkipal Coda.
In addidon to the aiminal penaltks praaibed above, the Citp Attorney may bring appropriaa dull
ardor to enforce the provisions of thb Ardlnanca or anq permit issued pursuant to this t7rdinance.
V
Chdltunece No. 1555 Off Site Fla:., Waste Facility
Pte' IQ"
Nothing in thin Section rha11 be oonatrusd as affecting permit entitlements granted by other juriadlctionr,
nor shall ruck Seabn be deemed to cooler any dghn or remedies upon any person, firm or oorporatWn
cwt a patty to eM permit or other entitlement grants! by the Gry of Cupertino.
Vill. SEVERABILRY: ,
Section 1: to tlta event that any one a mom of tM phraas, rantences, claws, pangnpha, or sections
mntalned In the Chapter era declared Invalid or ucunforeeable by valid judgmentof a court of competent
jurisdktlon, such invalidity or ut-anfoereaMUty shall oat affect any of tM nmairting phrase„ rscttencs,
clauses, paragnplu, or reetiona of thin CMpt« which are hereby declared a severabM and sMU be
interpreted to carryout tM intent hatsutdar.
IX: PUBLISHING CLAUSB
Section 1: The City Clerk b hereby authorized arui directed to uuae a certlRed copy of this Ordinance
to be published at least once within fiftan US) da)n after its snactatent in tM Cupertino Courier, the
official newspaper of the City, published and cinvlated in tM City of Cupatlno.
X: EFFECTfVB DATE
Seetioe Is -This Ordinance No.1555 dull take effect and ba in full force thirty (30) days esker itr
enactment
INTRODUCED at a regular meeting of the City Coundl of tM City of Cupertino on thin 15th day of Apri11991
and ENACTED at a regtilas muting of tM Cfry Council of tM City of Cupertino thL 6th day of May, 1991, by
tM following vote:
VOTE: COUNCIL MEMBERS
Aye Rogers, Sorensen, Szabo, Koppel
NAPS: None
ABSTAIN: None
ABSENT: Goldman
Dorothy us Bubart Koppel. ~~~ ~~
Citq Clerk Mayor
~ . ,. ..._