§ 13-182. Procedures

The following procedures are for the purpose of identifying the steps for processing a conditional use permit application for a proposed hazardous waste facility in compliance with State Health and Safety Code Section 25199.7:

(a) At least ninety (90) days before filing a conditional use permit application for a proposed hazardous waste facility, the applicant shall file a notice of intent to make an application with the Office of Permit Assistance (OPA) in the State's Office of Planning and Research (OPR) and with the development services director. The notice of intent shall contain a complete description of the nature, function and scope of the project. The OPA shall immediately notify affected state agencies of the notice of intent. The city shall publish a notice in a newspaper of general circulation in the area affected by the proposed project, shall post notices in the location where the project is proposed, and shall notify, by a direct mailing, the owners of record and tenants of all property within a 300-foot radius of the boundary of the project site. A greater radius of notification, up to one thousand (1000) feet, may be required at the discretion of the development services director. A notice of intent is not transferable to a location other than the location specified in the notice, and it shall remain in effect for one (1) year from the date it is filed or until it is withdrawn by the applicant, whichever is earlier.

The applicant shall also provide for the notification area, a surrounding ownership map, a list of names and mailing addresses of all tenants and property owners of record, and one (1) set of mailing labels for all tenants and property owners per the specifications of the planning division.

The city shall impose a fee upon the applicant equal to the cost of notification required by this section. The fee shall be established by resolution of the city council.

(b) Within ninety (90) days after a notice of intent is filed with the OPA, the OPA shall convene a public meeting within the city to inform the public on the nature, function, and scope of the proposed project and the procedures that are required for approving the project application. The development services director shall coordinate with OPA regarding the meeting's location and time and shall provide a notice of the meeting.

(c) Anytime after receiving a notification of the filing of a notice of intent, but no later than thirty (30) days after the application is accepted as complete, the city council shall appoint a seven-member Local Assessment Committee (LAC) in conformance with State Health and Safety Code Section 25199.7(d). The city shall provide staff resources to assist the LAC in performing its duties. The city shall charge the applicant a fee to cover the city's costs of establishing and convening the LAC; the fee shall be established by city council resolution and shall accompany the conditional use permit application.

(d) The development services director shall notify the OPA within 10 days after the conditional use permit application is accepted as complete. Within sixty (60) days after receiving this notice, the OPA will convene a meeting of the lead and responsible agencies for the project, the applicant, the LAC and the interested public, for the purpose of determining the issues which concern the affected agencies and the public pursuant to State Health and Safety Code Section 25199.7(e). The meeting shall take place in the city and shall be noticed pursuant to subsection (a).

(e) Following the meeting as specified in subsection (d), the applicant and the LAC shall meet and confer on the proposed hazardous waste facility for the purpose of establishing the terms and conditions under which the project will be acceptable to the community.

(f) If the LAC finds that it requires assistance and independent advice to adequately review a proposed project, it may request technical assistance grants from the city to enable the LAC to hire a consultant to assist and/or advise the LAC. The LAC may use the available technical assistance grant funds to hire a consultant to do either or both of the following:

(1) Assist the LAC in reviewing and evaluating the project's application, environmental documents and any other documents, materials and information that are required by a public agency in connection with the conditional use permit application.

(2) Advise the LAC in its meetings and discussion with the applicant to seek agreement on the terms and conditions under which the project will be acceptable to the community.

The applicant shall pay a fee, in addition to the fee set forth in subsection (c), to the city equal to the amount of any technical assistance grant provided to the LAC. The city shall deposit any fee imposed in an account created in the city, maintain records of all expenditures from the account, and return any unused funds and accrued interest at the legal rate to the applicant upon completion of the review of the proposed project.

(g) If the LAC and the applicant cannot resolve any differences through the meetings, the OPA may assist in this resolution pursuant to State Health and Safety Code Section 25199.4.

(h) At the request of the applicant, the city council shall, within sixty (60) calendar days after the application is determined complete, issue an initial written determination on whether the hazardous waste facility is consistent with both the general plan and Zoning Code in effect at the time the application was received, and the county hazardous waste management plan.

(i) Upon completion of the project review by the LAC, and all necessary environmental review, the planning commission shall hold a public hearing on the conditional use permit and make its recommendation to the city council in writing. The recommendation shall include a statement of whether or not the proposed hazardous waste facility complies with the findings contained in section 13-184, Findings.

(j) After the planning commission has made its recommendation, the city council shall hold a public hearing and shall approve, disapprove, or conditionally approve the request based on the findings contained in section 13-184, Findings, and, where applicable, the findings contained in section 13-179(b), Conditional use permit required.

The city council may impose conditions on granting a conditional use permit in order to achieve the purposes of this article and the general plan and to protect the health, safety, and general welfare of the community.

(k) An applicant may file an appeal of a decision made by the city council with the appeal board as provided in State Health and Safety Code Section 25199.9.

(Ord. No. 97-11, § 2, 5-5-97)