Chapter 11.26
UNCLASSIFIED USES
Sections:
11.26.010 Unclassified uses designated--Review and permit.
11.26.020 Yard requirements.
11.26.030 Permitted height, floor space and area coverage.
11.26.040 Off-street parking and loading space requirements.
11.26.010 Unclassified uses designated--Review and permit.
All of the following and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones herein defined, and the authority for the location and operation thereof shall be subject to review and the issuance of an unclassified use permit. The purpose of review shall be to determine that the characteristics of any such use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas and for the further purpose of stipulating such conditions as may reasonably assure that the basic purpose of this title shall be served. Factors to be considered are as set forth in Section 11.30.040 of this title. Unclassified use permits shall be processed in the manner specified in Chapter 11.40. Any use that is subject to control by the air pollution control district shall be allowed to locate only when it shall have secured a permit to operate from such district.
(1) Airports and landing fields.
(2) Borrow pits to a depth of over three feet.
(3) Boxing and wrestling arenas.
(4) Cemeteries.
(5) Columbariums, crematories and mausoleums, provided these uses are specifically excluded from all "R" zones unless inside a cemetery.
(6) Commercial incinerators and dumps, public or private (other than those specifically prohibited) provided they are specifically excluded from all "R" zones.
(7) Establishments or enterprises involving large assemblages of people or automobiles, as follows, provided these uses are specifically excluded from all "R" zones:
(a) Amusement parks,
(b) Circuses, carnivals or fairgrounds,
(c) Golf driving ranges,
(d) Labor camps,
(e) Open-air theaters,
(f) Race tracks and rodeos,
(g) Recreational centers privately operated,
(h) Stadiums.
(7.5) Hazardous waste management facilities.
(a) Ambiguity in Definitions. If ambiguity arises in administrating and implementing the provision of this chapter regarding the meaning of terms (as they pertain to the management, production, storage, transportation of hazardous waste) not defined by this title, the definitions of the County of Los Angeles Hazardous Waste Plan, 1989, or the State Department of Health, in that order, shall be used to resolve the ambiguity.
(b) Procedures. The following procedures shall apply to all applications for land use decisions regarding hazardous waste facilities.
1. All hazardous waste facility projects shall require an unclassified use permit pursuant to the region requirements of this chapter and section. The city’s permitting process is intended to assure adequate protection of public health, safety and the environment of the city of South Gate.
2. All hazardous waste facility projects must meet the criteria listed herein unless the city council makes the finding and determines that one or more criteria should be relaxed to meet an overriding public need.
(c) Applications. All applications for unclassified use permits for hazardous waste facilities shall be filed with the secretary of the planning commission, accompanied by appropriate fees.
(d) Hazardous Waste Facility Projects. All applications for hazardous waste facility projects which are not specified hazardous waste facility projects shall follow the following procedures in addition to, and consistent with, Public Resources Section 21000-21177 and Government Code Section 65920 et seq. and the County of Los Angeles Hazardous Waste Management Plan.
1. Secretary to the Planning Commission shall have thirty working days to make a determination that an application is complete for filing purposes.
2. Within ninety calendar days after the application is deemed complete, the planning commission shall hold a public hearing on the application for a hazardous waste facility project provided:
(i) The secretary of the planning commission has determined that the application complies with all ordinance requirements;
(ii) All procedures required by the city of South Gate with regard to the California Environmental Quality Act have been met; and
(iii) All necessary state and federal permits regulating the facility have been obtained; and
(iv) The local assessment committee has completed its work and submitted its recommendation to the planning commission.
3. Not later than one month prior to a public hearing scheduled either by the city or the Governor’s Office of Permit Assistance, the applicant shall provide three sets of mailing labels indicating all owners of record as shown on the latest County Equalized Assessment Roll that lie within a one-thousand-foot radius of the boundary of land owned by the project applicant and three sets of mailing labels indicating all residents, tenants, businesses, child day care centers, kindergartens, elementary and secondary schools, medical facilities with overnight facilities, hospitals, nursing homes, convalescent centers and correctional facilities within a two-thousand-foot radius of the boundary of land owned by the project applicant.
(e) Contents of Application. Every application for a hazardous waste facility project shall be made in writing to the secretary of the planning commission on the forms provided by the community development department and accompanied by a filing fee. Following application shall include, but is not limited to, the following information:
1. Name and address of the applicant;
Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make such application.
2. A plot and development plan of no less than forty inches by thirty inches in size drawn in sufficient detail to clearly describe the following:
(i) Physical dimensions of the property and structures;
(ii) Location of existing and proposed structures;
(iii) Setbacks and landscaping; lighting, signage, fencing, trash enclosures, fire control and suppression measures;
(iv) Layout of circulation and parking;
(v) Drainage patterns;
(vi) Ingress and egress;
(vii) Storage and processing areas;
(viii) Utilization of property under the requested unclassified use permit;
(ix) Topographic description of the property and surrounding area;
(x) Map or routes, streets, etc. used to access the facility;
(xi) Vicinity maps.
3. The distance from the project property line to the nearest adjacent residentially zoned areas, and a description and location of such residences;
4. Proximity of the project to nearest parks, day care centers, schools, nursing homes, hospitals, kindergartens and convalescent homes within four-thousand feet, within the city and outside;
5. Proximity of the project to the one-hundred-year flood prone areas and areas subject to liquification;
6. Proximity of the project to any known earthquake fault zones;
7. The relationship of the proposed project to all aboveground water supplies and all known underground aquifers that might be threatened with contamination;
8. A preliminary geological study of the property and surrounding area which comprehends as deep of a soils analysis as there are known aquifers, regardless of the potability of those aquifers;
9. Existing and proposed utilities which service or will be required to service the facility;
10. Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge;
11. An analysis of visual, noise and any olfactory impacts associated with the project and recommended mitigation measures;
12. An analysis of all anticipated air quality impacts associated with the project and proposed mitigation measures to ensure no degradation of air quality in the area;
13. Identification of any rare or endangered species of plant or animals within the project site and recommended impact mitigation measures;
14. Identification of the amounts (in tons), sources and types of hazardous wastes to be treated, stored or disposed of at the proposed facility; the ultimate disposition of the wastes and anticipated life of the facility. This information shall be based on an actual survey of the industries to be served and thereby be representative of the wastes that will be processed at the facility.
15. A risk assessment which analyzes, in detail, all probabilities of accidents or spills at the site, transportation related accidents from the point of origin to the facility and any other probabilities requested by either the director of community development, the planning commission, or the Los Angeles Unified School District. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the hazardous wastes to the facility.
16. A plan that identifies an ongoing monitoring program of air, soil and groundwater. This plan shall include any monitoring requirements imposed by other permitting agencies such as, but not limited to, the South Coast Air Quality Management District, Regional Water Quality Control Board and Department of Health Services.
17. All applications shall contain a designation of at least two reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act.
18. All applications shall be accompanied by a draft environmental impact report or negative declaration pursuant to the California Environmental Quality Act prepared by a qualified environmental consulting firm.
19. An emergency response plan that indicates at a minimum:
(i) That the proposed plan is consistent with any and all applicable county and regional emergency response plans and all city, county, state and federal regulatory requirements regarding emergency response procedure;
(ii) Detailed procedures to be employed at the time of emergency for each and every type of chemical substance and emergency, including contingency procedures;
(iii) Anticipated impacts on local fire, police and medical services;
(iv) Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures. An application shall not be declared complete until such emergency response plan is approved by the director of community development.
20. A copy of all federal, state, county and special district findings, requirements and permits.
(f) Public Hearings. Public hearings shall be noticed, held and conducted in accordance with Sections 11.42.050, 11.42.060, 11.42.070, 11.42.080, 11.42.090, 11.42.100, 11.42.110 and 11.42.120.
(g) Standard and Locational Criteria. All specified hazardous waste facility projects in the city of South Gate shall comply with the following requirements:
1. Permitted Zones. Hazardous waste facilities shall be sited only in M-3 [heavy manufacturing] zones.
2. Proximity to Populations. Hazardous waste facilities shall be located at a 25 minimum of at least one thousand feet from any residential areas (regardless of zone). The planning commission or the city council upon making appropriate findings may increase the distance requirement.
3. Proximity to Immobile Populations. Hazardous waste facilities shall be located at least two thousand feet from any park, day care center, kindergarten, elementary and secondary schools, nursing homes, hospitals, medical care centers with overnight facilities, convalescent facilities and correctional facilities. For all types of facilities, a risk assessment must be performed which details the maximum credible accident from the facility operations and its impact on all immobile populations in the city of South Gate. The extent of the study must appropriately address the quantity and types of wastes that could be received at the facility. It must also include consideration of the design features and planned operational practices at the facility. Additionally, the study must provide an estimate of the distance over which the affects of a spill or emergency situation would carry, a variety of options for reducing the risks and procedures for dealing with such spills or emergency situations.
4. Capability of Emergency Service. All hazardous waste facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established and where demonstrated emergency response times by hazardous materials squads are the same or better than those recommended by the National Fire Prevention Association. In addition, hazardous materials accident response services at the facility may be required based on the type of wastes handled of the location of the facility.
5. Flood Hazard Areas. Residual repositories are prohibited in areas subject to inundation by floods with a one hundred year return frequency, and shall not be located in areas subject to flash floods, liquification and subsidence. All other facilities shall avoid locating in floodplains or areas subject to flash floods, liquification/subsidence unless they are designed, constructed, operated and maintained to prevent migration of hazardous wastes in the event of inundation.
6. Proximity to Active or Potentially Active Faults. All hazardous waste facilities shall locate at least three thousand feet from any active or potentially active earthquake fault.
7. Slope Stability. All hazardous waste facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed and maintained to preclude failure as a result of such changes.
8. Aqueducts and Reservoirs. All hazardous waste facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies contained in reservoirs and aqueducts.
9. Discharge of Treated Effluent. Hazardous waste facilities generating wastewater shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge.
10. Proximity to Supply Wells and Well Fields. A residuals repository shall locate away from the cone of depression created by pumping a well or well field ninety days. Location is preferred where the saturated zone predominately discharges to nonpotable water without any intermediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the cone of depression created by pumping a well field for ninety days unless effective hydrogeologic barrier to vertical flow exists.
11. Depth to Groundwater. At all hazardous waste facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression or uplift as certified by a California Registered Civil Engineering Geologist.
12. Groundwater Monitoring. Residuals repositories and hazardous waste facilities with subsurface storage and/or treatment must develop a program that successfully satisfies the Regional Water Quality Control Board shall permit requirements for groundwater monitoring. Hazardous waste facilities which handle liquids be located where groundwater flow is in direction with no vertical informational transfer of water.
13. Major Aquifer Recharge Area. Residuals repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer. Hazardous waste facilities with subsurface storage or treatment must be located at least one-half mile away from potential drinking water sources. All other hazardous waste facilities located in areas known to be, or suspected of, providing recharge to an existing water supply well shall provide for increased spill containment and inspection measures.
14. Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board. All other aboveground hazardous waste facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices. All other hazardous waste facilities may be located in areas where surficial materials are principally highly permeable materials if adequate spill containment and inspection measures are employed.
15. Existing Groundwater Quality. Residuals repositories are allowed only where the uppermost water bearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that it could not reasonably be considered for beneficial use.
16. Nonattainment Areas. All hazardous waste facilities with air emissions locating in nonattainment areas and emitting air contaminants in excess of established limits will require preconstruction review under new source review requirements, and the obtaining of a permit to construct and a permit to operate from the South Coast Air Quality Management District.
17. Prevention of Significant Deterioration (PSD) Areas. All hazardous waste facilities with air emissions locating in the city which are classified under the PSD regulations as major stationary sources will be required to submit to preconstruction review and apply best available control technology.
18. Access to the Facility. No hazardous waste to and from the facility shall be transported through residentially zoned areas.
19. Distance from Major Transportation Routes. Distance traveled on minor roads shall be kept to a minimum. Facility proponents shall be required to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility.
20. Structures Fronting Minor Routes. Hazardous waste facilities shall be located such that any minor routes to and from state or divided highways to or from the facility are used primarily by trucks, and the number of nonindustrial structures (residences, hospitals, schools, etc.) along such routes is minimal. The facility proponent shall evaluate "The Population at Risk" based on Federal Highway Administration’s Guidelines for applying criteria to designate routes for transporting hazardous material.
21. Consistency with the General Plan. The proposed facility shall be consistent with the city’s general plan requirements, zoning ordinances and other planning actions or policies and the County of Los Angeles Hazardous Waste Management Plan, that were in place at the time the application was deemed complete.
22. Changes In Real Property Values. The project proponent shall fund an independent study of the affect of the facility on real property values within the city. Both the project proponent and community development agency shall agree beforehand upon the scope of the study and who will conduct it.
23. Changes In Employment. The project proponent shall fund an independent study of anticipated changes in employment if the facility is sited. The developer and the city shall agree beforehand on the scope of the study and who will conduct it.
(h) Safety and Security.
1. The owner or operator shall prevent the unknowing entry and minimize the possibility for the unauthorized entry of persons, livestock, domestic or wild animals onto any portion of the facility.
2. The operator shall provide a twenty-four hour surveillance system which continuously monitors and controls entry onto the facility.
3. Perimeter fencing shall be constructed subject to the approval of the planning commission or its designee.
4. Signs with the legend "DANGEROUS HAZARDOUS WASTE AREA--UNAUTHORIZED PERSONNEL KEEP OUT", shall be posted at each entrance to the facility, and at other appropriate locations in English and Spanish and shall be legible from a distance of at least thirty feet.
(i) Monitoring.
1. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions and other requirements which the city of South Gate is authorized to enforce under its police power, city officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.
2. The owner or operator of a facility shall report quarterly to the department of community development the amount, type and disposition of all wastes processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous wastes and including a map showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site.
3. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, state or federal agencies to the director of community development.
4. The emergency response plan shall be updated annually, signed by all management personnel at the facility and distributed to all local emergency response agencies and the director of community development.
(j) General Conditions.
1. The city may impose, as necessary, conditions and standards other than those presented in items above in order to achieve the purposes of this ordinance and to protect the health, safety or general welfare of the community.
2. No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the city of South Gate and not currently being managed by a facility located in South Gate unless satisfactory compensation as made to the city or a joint powers agreement provides otherwise.
3. Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved application for land use must be approved by the city before such modifications occur at the facility.
4. Every hazardous waste facility must have a contingency operation plan approved by the Department of Health Services. A copy of the contingency plan shall be maintained at the facility and sent to the director of community development, chief of police, director of public works, director of building and safety, County of Los Angeles Fire Prevention Bureau, local hospitals and the Los Angeles County Department of Environmental Health.
5. The owner or operator of a hazardous waste facility project shall, prior to the local land use decision, submit to the department of community development a written facility closure plan approved by the director of public works, chief of police, director of building and safety and the Department of Health Services. All revisions to such closure plans shall also be submitted to the Department of Community Development.
6. Prior to issuance of a "Certificate of Occupancy" to begin the use identified in the land use decision, the applicant shall show proof that it has met all of the financial responsibility requirements imposed by the State Department of Health Services and any other federal or state agencies.
7. The applicant agrees to indemnify, defend and render harmless the city of South Gate and its city council, and all officers, employees and agents of the city against and from all claims, actions or liabilities relating to the land use decision or arising out of its implementation at the site.
8. No hazardous waste facility project will be approved if it significantly undercuts incentives for waste minimization by hazardous waste generators.
9. Owners/operators of all hazardous waste facilities shall prepare and submit an annual emergency response preparedness report to the director of community development. Such report shall be initialed by each person at the facility who has emergency response responsibilities. Owners/operators of all hazardous waste facilities shall conduct at least one emergency drill per year. The city shall be notified at least forty-eight hours in advance of such a drill and shall have the right to be present and monitor the drill.
10. Owners/operators of all hazardous waste facilities shall submit an annual air, soil and groundwater monitoring report to the director of community development.
11. All costs of compliance with this ordinance shall be borne by the facility owner/operator.
12. The city of South Gate may employ any and all methods permitted by law to enforce this ordinance.
(k) Findings. The following findings shall be made in writing prior to making a land use decision which will allow the siting of a hazardous waste facility project:
1. The project will be consistent with the general plan;
2. The project will not be detrimental to the health, safety, or general welfare of the community;
3. The project has met or exceeded each requirement of this ordinance;
4. The environmental impacts identified in the environmental impact report or proposed negative declaration have been adequately mitigated.
(l) Duration of Land Use Decision. The life of the unclassified use permit shall be determined at the time of approval on such terms as the planning commission or the city council shall establish. The project proponent shall commence substantial construction of the facility within one year of the effective date of the unclassified use permit and such construction must be pursued diligently to completion.
(m) Modification. Upon sixty days prior notice given in writing, in advance, to the permittee, at a hearing at which the permittee is given an opportunity to be heard, the city shall have the right to modify the terms of the unclassified use permit to impose such further and additional conditions or to remove such conditions on the permit herein granted, that they deem just or that are reasonably related to public safety and health, traffic, noise, dust, olfactory, air emissions, vibration impacts and surrounding land use compatibility and aesthetics previously imposed.
(n) Citations. Violation of the requirements of the unclassified use permit may result in a citation or a fine, or all or any combination of same, in addition to other penalties and consequences herein provided.
(o) Revocation. Violations of the requirements of the unclassified use permit may result in the revocation or modification of the unclassified use permit by the issuing body at a regularly scheduled meeting, notice of which will be given to the applicant by first class mail, postage prepaid or by posting notice of said hearing at two prominent locations on the premises to which this unclassified use permit refers. (Ord. 1835 § 15, 5-29-90).
(8) Hospitals, mental; provided they are specifically excluded from the "R" zones.
(9) Institutions for treatment of alcoholics, provided these uses are specifically excluded from the "R" zones.
(10) Jail farms or honor farms, publicly-owned and used for rehabilitation of prisoners, provided these uses are specifically excluded from the "R" zones.
(10.5) Microwave installations, where any tower or portion of the receiver extends more than six feet in height and is not enclosed within a building.
(11) Natural mineral resources, the development of, together with the necessary buildings, apparatus or appurtenances incident thereto, provided that no review or permit shall be required for the exploration of oil, rock, sand, gravel, or clay if this title or any other ordinances makes separate provisions with respect thereto.
(12) Booster stations or conversion plants with the necessary buildings, apparatus or appurtenances incident thereto of public utilities or utilities operated by mutual agencies, provided these uses are specifically excluded from the R-1 zone, and provided further that these uses are permitted in the M-1 and M-2 zones without review. Distribution mains are permitted in any zone without review.
(13) Radio or television transmitters, commercial.
(14) Refuse disposal, but not including garbage.
(Ord. 1835 § 15, 5-29-90; Ord. 824 § 1300, Ord. 851 § 30, 8-14-61; Ord. 978 § 4, 11-8-65)
11.26.020 Yard requirements.
The requirements for front and side yards and open spaces applicable to the particular zone in which any such use is proposed to be located shall prevail unless in the findings and conditions recited in the resolution dealing with each matter specific exceptions or additions are made with respect thereof.
(Ord. 824 § 1301, 2-8-60)
11.26.030 Permitted height, floor space and area coverage.
The provisions applying to height, floor area and area coverage applicable to the particular zone in which any such use is proposed to be located shall prevail unless in the findings and conditions recited in the resolution dealing with each such matter specific exemptions or additions are made with respect thereto.
(Ord. 824 § 1302, 2-8-60)
11.26.040 Off-street parking and loading space requirements.
The requirements for provision of off-street parking and loading space applicable to the particular use shall prevail unless in the findings and conditions recited in the resolution dealing with each such matter specific exemptions or additional requirements are made with respect thereto.
(Ord. 824 § 1303, 2-8-60)