HomeMy WebLinkAboutExcavation of Disposal Site, HBMC Amendment Section 9331, Co f
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hup4onzed to Publish Advertisements of all kinds including public
notices by Decree of the Superior. Court of Orange County,
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California, Number A-6214, dated 29 September, 1961, and CCU
A-24831, dated 11 June, 1963. 19�
STATE OF CALIFORNIA
t '3 -
County of Orange PubhC Nobce Adv9AM71ng coveasd
by this amdeat is sm in pant GITY
wan 10 pica column width ,
I am a Citizen of the United States and a resident of PUBLIC NOTICE !
the County aforesaid; I am over the age of eighteen NOTICE OF- .
PUBLIC HEARING
years, and not a party to or interested in the below CODE AMENDMENT
NO.W7
entitled matter. I am a principal clerk of the Orange EXCAVATION of
LAND DISPOSAL
Coast DAILY PILOT, with which is combined the NOTICE IS sI .
. IS HEREBY
NEWS-PRESS, a newspaper of general circulation, GIVEN a public hearing
will be held tby he City Cou 9
printed and published in the Cityof Costa Mesa, -oil,of, City of Huntington
Beach, In the Council
Civic
County of Orange, State of California, and that a Chamber of the each,
Center; Huntinggton Beach,
at the hour of 7.30 P.M.,or
Notice of p 11 h 1 ; r Tie a Y'1 n rr — as soon thereafter as pose-
Ibis on.Monday the 15th day
of July, 1985, for the
Purpose. of consideringg
`Code Amendment No.85-T,
a request by the Clty of Hunt-
of which copy attached hereto is a true and complete Ington,.Beach to amend
Article` 933 (miscellaneous
copy, was printed and published in the Costa Mesa, Isection of: the ordinance
code) by requiring a con-
Newport Beach, Huntington Beach, Fountain Valley, ditional use permit prior to
excavation of a land dis-
Irvine, the South Coast communities and Laguna Posal site. lradopted, the
1 time proposed code amendment
Beach issues of said newspaper for would cause the existing
moratorium on the Ascon
Moms utimix,At$t t0 wit the issue(s) Of Landfill to expire,by roces-i
Ing a public hearing process
for excavation activity.
Negative Declaration No.
184-5 assessing the� en=.vironmental effects of the
July proposed code amendment
4 198 5 {will also be considered by
fCouncil.
All Interested persons are
�Invlted to attend said hear-
198 IIng and express their
lopinlons for or against said
Code Amendment No, 85-7
Land_ Negative Declaration
198 tNo.84-5.
1 :Further,Information, mayl
be obtained from the Office
of'the City Clerk,2000 Main)
198 !Street, Huntington Beach„
ICelifornla 92648 - (714)`
i536:6227.__
%"?ated:June 25, 1985
198 �)CITY OF HUNTINGTON�
BEACH, BY: Alicia M.
j Wentworth,Clty Clark
Published 'Orange Coast
Daily Pilot July 4, 1985
I declare, under penalty of perjury, that the Th-112
foregoing is true and correct.
Executed on July s , 198 5
at Costa Me , California. '
;'
'Z�41
Signature
-U-E� CITY COUNCIL A
arptt CTIO
Date
July 10 , 1 925
Submitted to` rable Mayor and City Council ' fig,
Submitted by: Charles W. Thompson, City Administrator
Prepared by: James W. Palin, Director , Development Services `Cie
Subject: CODE AMENDMENT NO. 85-7 , A CODE AMENDMENT REQ RING
THAT THE EXCAVATION OF A LAND DISPOSAL SITE BE SUBJECT
TO THE APPROVAL OF A CONDITIONAL USE PERMIT
Consistent with Council Policy? b4 Yes [ ] New Policy or Exception okb .Ida 781
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments:
STATEMENT OF ISSUE:
On July 15, 1985 the City Council approved Code Amendment No. 85-7 ,
requiring a conditional use permit for the excavation of a land
disposal site. At that meeting, the City Council directed staff to
meet with the Huntington Beach Company to develop minor language
changes in order to clarify the intent of the ordinance.
RECOMMENDATION:
Staff recommends that the City Council make the minor revisions as
suggested by staff.
ANALYSIS•
Staff has reviewed the ordinance with representatives of the
Huntington Beach Company and can concur with the following minor
modification of the ordinance (delete - "other than excavation of
landfills and land disposal sites" as outlined below) :
9331 . 1 . 2 . LANDFILL EXCAVATIONS AND LAND DISPOSAL SITE.
DEFINITIONS. The following words and phrases shall be
construed as defined herein unless a different meaning is
apparent from the context:
(a ) "Excavation" shall mean any activity and/or movement
of material which exposes waste to the atmosphere.
(b ) "Land disposal site" shall mean any site where land
. disposal of Group I , II or III waste, as defined by the
California Administrative Code, has been deposited either
legally or illegally on or into the land, including but not
limited to landfill , surface impoundment , waste piles , land
spreading, sumps, and coburial with municipal refuse .
�J
.00
P105/8E�ZCA - 7/30/85 -I- 'J r ')a7AA
This article is not intended to apply to grading and
surcharging operations permitted under Appendix Chapter 70 of
the Uniform Building Code (pSI��`/ pfpl/� ¢ �6pSpf/qS /X3�Y� �X�`
Permits for grading on previously
approved development projects shall be subject to the
discretion of the Director of Development Services .
By removing this section from the ordinance code, the reader is no
longer referred back to the previous sections of the code ( "land
disposal site" ) which does not allow for the intended exception.
ENVIRONMENTAL STATUS:
Not applicable.
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
The City Council may consider keeping the original language of Code
Amendment No. 85-7 .
ATTACHMENT:
Ordinance
JWP :HZ : kla
RCA - 7/30/85 -2- (2974d)
V '
ORDINANCE NO. 2781
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
ADDING SECTION'S 9331 . 1. 1 THROUGH 9331 .1.8
RELATING TO LANDFILL EXCAVATIONS AND HAZARDOUS
WASTE SITES
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1 . The Huntington Beach Ordinance Code is hereby
amended by adding sections 9331 .1.1 through 9331.1.8 to read as
follows :
9331 .1. 1. LANDFILLS OR LAND DISPOSAL SITES. CONDITIONAL
USE PERMIT REQUIRED. A conditional use permit may be granted
for excavation of landfills or land disposal sites, except in
the S1 district, subject to the requirements set out in this
article.
9331 .1 .2 : LANTDFILL EXCAVATIONS AND LAND DISPOSAL SITE.
DEFINITIONS. The following words and phrases shall be con-
strued as defined herein unless a different meaning is apparent
from the context:
(a) "Excavation" shall mean any activity and/or movement
of material which exposes waste to the atmosphere.
(b) "Land disposal site" shall mean any site where land
disposal cf Group I, II or III waste, as defined by the
California Administrative Code, has been deposited either le-
gally or illegally on or into the land, including but not lim-
iced to landfill, surface impoundment, waste piles, land
spreading , sumps, and coburial with municipal refuse.
This article is not intended to apply to grading and
surcharging operations permitted under Appendix Chapter 70 of
the Uniform Building Code. Permits for grading on previously
approved development projects shall be subject to the
discretion of the Director of Development Services.
9331.1.3. EXCAVATION ACTIVITY. OPERATIONS PLAN REQUIRED.
(a) No person shall conduct any excavation activity at any
land disposal site in the city of Huntington Beach without
first submitting to the city an operations plan, approved by
1.
the Director of Development Services. Such plan shall include
complete information regarding the identity, quantity and char-
acteristics of the material being excavated, including 'a chemi-
cal analysis performed by a laboratory, acceptable to the city,
together with the mitigation measures that will be used to in-
sure that health hazards, safety hazards, or nuisances do not
result from such activity.-
(b) Mitigation measures contained in the operations plan
may include gas collection and disposal of waste, encapsula-
tion, covering waste, chemical neutralization, or any other
measures deemed necessary by the city.
(c) Ambient air quality monitoring, as well as other moni-
toring or testing deemed reasonably necessary, shall be in-
cluded in the operations plan.
9331.1.4. EXCAVATION ACTIVITY. APPROVAL OF OPERATIONS
PLAN. (a) The city shall not approve an operations plan un-
less such plan includes provisions for the immediate cessation
of excavation activity when the operator, or any agent thereof,
of a land disposal site has been notified by the city that a
nuisance, health or safety hazard has or is about to occur as a
result of such activity therein.
(b) Upon determination by any government agency that a
nuisance, safety or health problem exists on any land disposal
site in the city, mitigation measures, contained in the opera-
tions plan, shall be implemented immediately.
9331.1.5. HAZARDOUS WASTE SITES. For any land disposal
site determined to be a hazardous waste site by the state
Department of Health Services and/or the City of Huntington
Beach, the following additional measures shall be taken prior
to excavation of such site:
(a) All property owners within a one-half mile radius of
the site shall receive written notice of all public hearings to
be held regarding proposed excavation on the site. The cost of
preparing and mailing such notice shall be paid by the
operator/applicant.
(b) A type of bond, acceptable to the City Attorney, shall
be posted by the operator/applicant insuring that necessary
funds are available to restore the site to a safe condition if
excavation is prematurely terminated.
(c) Excavation of the site shall be performed in accord-
ance with the requirements of the state Department of Health
Services, and any other public agency with jurisdiction over
2.
hazardous waste sites.
9331. 1.6. CONTENTS OF OPERATION PLAN. The operations plan
shall contain the following:
(a) A plan establishing lines of authority and responsi-
bility between public agencies and the operator/applicant, or
his agents, during excavation. The plan shall contain specific
procedures to be followed by all responsible parties involved
with the excavation.
(b) A plan containing specific measures to monitor air
quality to be implemented during excavation to prevent the ex-
posure of on-site workers or area residents to unhealthful va-
pors from the site. If deemed necessary by the state
Department of Health Services, the plan shall also include spe-
cific measures for evacuation of residents in the vicinity of
the site.
(c) A plan showing specific routes for vehicles trans-
porting hazardous wastes from the site.
(d) A plan containing specific steps for restoration of
the site to a safe condition if excavation is terminated
prematurely. .
9331.1.7. EXEMPTIONS. The following activities shall be
exempt from the requirements of this article unless otherwise
determined by the Director of Development Services:
(a) The drilling of holes up to twenty-four ( 24) inches in
diameter for telephone or power transmission poles or their
footings.
(b) The drilling of oil wells, gas wells or landfill gas
collection wells or the maintenance of gas or leachate
collection systems.
(c) The city may exempt from the requirements of this ar-
ticle any excavation activity which has been determined to pose
an ,insignificant risk, or any activity which has been covered
sufficiently in a plan prepared for any other agency having
jurisdiction over the site.
9331.1.8. EXCAVATION ACTIVITY PROHIBITED. (a) No person
shall excavate at any land disposal site in the city of
Huntington Beach unless he or she first certifies that all ap-
plicable regulations of other public agencies with jurisdiction
over hazardous waste sites have been met .
3.
(b) Compliance with the provisions of this article shall
not exempt any person from .failing to comply with the require-
ments of the California Health and Safety Code, and any other
applicable codes, rules or regulations.
SECTION 2 . This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of August 1985.
•
Mayor
ATTEST: APPROVED AS TO FORM: j
GAIL HUTTON, Cit Attorney
40
� a
By f
City Clerk Deputy City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
/ Q t/1t-f.d��
City Administrator irector of evelopment
Services
3357/0185L
RCS:ahb
8/9/84; 2/28/85; 5/15/85; 7/3/85
4.
O. No. 2781
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF .HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
adjourned meeting thereof held on the 6th day of August
19 85 , and was again read to said City Council at a regular
meeting thereof held on the 19th day of August ) 19 85 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, MacAllister, Bailey, Finley, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
None
NOT VOTING: Councilmen: Mandic
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
;tea
REQUE> , FOR CITY C®UNC ACTI®N
Date July 5 , 1985
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrator I
Prepared by: James W. Palin, Director , Development Services I 1,
CO
Sub CODE AMENDMENT N0. 85-7, A CODE AMENDMENT RE I�IG 1
1 THAT THE EXCAVATION OF A LAND DISPOSAL j'SUBJECT �19
TO THE APPROVAL OF A CONDITIONAL USE P T ,�,/- --�`-
J/
Consistent with Council Policy? [ ] Yes New Policy or Exceptio rr'
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Adfl&ns-s c mentts:
W IpEt,1'IJ� 1
STATEMENT OF ISSUE: w,�y►e �'�J
Transmitted for the City Council 's consideration is Code Amendment
No. 85-7, an amendment to the Huntington Beach Ordinance Code adding
Section 9331 .1 .1 through 9331.1 . 8 which will require the approval of
a conditional use permit for excavation of a land disposal site.
RECOMMENDATION:
Planning Commission action and recommendation:
On June 4, 1985, the Planning Commission recommended to the City
Council approval of Code Amendment No. 85-7 amending Article 933 by
adding Section 9331 .1.1 through 9331 .1 . 8.
ON MOTION BY MIRJAHANGIR AND SECOND BY ERSKINE, THE ABOVE ACTION WAS
APPROVED BY THE FOLLOWING VOTE:
AYES: Mirjahangir , Erskine, Rowe, Winchell , Livengood, Porter
NOES: None
ABSENT: None
ABSTAIN: Schumacher (out of the room)
ANALYSIS:
On September 19, 1983 the City Council adopted Ordinance No. 2650
(attached ) , an urgency ordinance for a period of 45 days,
prohibiting any disturbance, excavation or removal of any materials
from the Ascon Landfill . On October 17, 1983, the City Council
through adoption of Urgency Ordinance No. 2661 , extended the
moratorium on the excavation of material from the Ascon Landfill for
a period of 10 months and 15 days, expiring on September 18, 1984.
The Development Services Department Staff was directed by Council
during the moratorium period to prepare an amendment to Division 9
PIO 5/85
Y
of the Ordinance Code, that would regulate and ensure the proper
level of environmental control and safety over any proposal to
excavate a landfill .
At their August 6, 1984 meeting the City Council reviewed two
versions of a code amendment to regulate the excavation of
landfills . The City Council was unable to reach a consensus as to
the correct approach for regulating this type of activity. On
September 4, 1984, the City Council extended the moratorium for a
one year period (Ordinance 2727 ) in order to allow staff additional
time to fully examine all aspects of the subject problem.
The major issue of concern is whether the proposed code amendment
provides the necessary level of control over excavation related
activities . The amendment would add provisions in the code
requiring the Planning Commission at a public hearing to approve or
deny this type of project . The amendment further requires the
applicant to submit an operations plan for review and approval by
the City identifying and quantifying the material to be excavated
and including the mitigation measures deemed appropriate. It should
be noted that an environmental assessment pursuant to the California
Environmental Quality Act, would be conducted in conjunction with
the preparation of the required operations plan.
In addition to the City 's regulatory power which would be
established through adoption of this code amendment, both the State
Department of Health Services and the South Coast Air Quality
Management District have permit authority over excavation of
hazardous waste materials.
The Ascon Ad-Hoc Committee has reviewed the proposed amendment and
has endorsed the revisions contained in the current version.
ENVIRONMENTAL STATUS:
Pursuant to the environmental regulations in effect at this time,
the Department of Development Services posted Draft Negative
Declaration No. 84-4 . On April 17 , 1984, the Planning Commission
recommended that the City Council adopt Negative Declaration No.
84-5, however at the August 6, 1984 City Council meeting no action
was taken on the draft neative declaration. Before any action is
taken on Code Amendment No. 85-7, it is necessary for the City
Council to adopt Negative Declaration No. 84-4.
FUNDING SOURCE•
Not applicable.
RCA - 7/5/85 -2- (2803d )
ALTERNATIVE ACTION:
Revise Code Amendment No. 85-7 to satisfy the City Council concerns
or not adopt the new code amendment.
ATTACHMENTS:
1 . Ordinance
2 . Planning Commission Minutes of June 4 , 1985
3. Staff Report dated June 4, 1985
JWP:HZ: kla
RCA - 7/5/85 -3- (2803d )
1
n
FINDINGS FOR D&NIAL:
f 1 . The propo 'ed use will have a detr ' ental effect upon the
k ge;reral he th, safety, welfare r convenience of persons
4 , resid:ing ot-' brking in the ar and is detrimental to the value
of the 'proppr and improv ents in the neighborhood since
parking and: `on ite faci ties are not adequate for public
assembly.
.y.
2 . The proposed,: use not compatible with surrounding land `uses
1s+ which include rtm\ ts, commercial businesses and residences..
3 . The propos combinatt and relationship of uses to one
another the site are\ of properly integrated.
,ytl. 4 . The ropos'�� access to and arking for the various church uses
w 1 create-,.traffic or circu 'ation problems .
} C-5 CODE AMENDMENT NO. 85-7 EXCAVATION OF LANDFILLS
Applicant :'_ City of Huntington Beach
On September 19 ,'` 983 the City .Council adopted Ordinance No . 2650 ,
an urgency ordinance for a period of 45 days , prohibiting any
h disturbance, excavation or removal of any materials from the Ascot
Landfill : On October 17, 1983, the City Council through adc,ption of
Urgency Ordinance 'No. 2661 , extended the moratorium on then ;;
excavation of material from. the Ascon Landfill for a 1.-,eriod of 10 ,
months :and 15 days , expiring on September 18 , 1,984 . 'I.1e Develcpmlent
Services Department Staff was directed by Council during the
moratorium period to prepare an amendment to: Division 9 of the
Ordinar:ce Code, .that would regulate and ensure the proper level of
environn-,en.tal control and safety over any-.pr.ol_c,sal to excavate a
1. -
landfill .
THE PUBLIC HEARING WAS OPENED
=x, Beverly Titus , Chairperson of the Ad hoc Committee for the Ascon
yA Landfill , stated ',th:at she has reviewed the staff report and is
pleased with the staff recommendations.
Mike Adams asked the Commission if staff could eliminate the
distance of notification for the City Council Meeting from 1/2 mile
to 300 feet which the Commission stated that they would incorporate
this into the motion.
JYx A MOTION WAS MAD2 '.BY MIRJAHANGIR AND SECOND BY ERSKINE TO RECOMML,1Z
TO CITY COUNCIL 'APPROVAL OF CODE AMENDMENT NO 83-7 WITH .THE REQUEST
OF THE REDUCTION .OF NOTIFICATION RADIUS BY THE FOLLOWING V0TE:
AYES: Rowe., 'Winchell , Livengood, Erskine, Porter , Mirjahangir
NOES: None x''`
E``
t ABSENT: Schumacher out of the room
rt ABSTAIN: Non`.
Y' MOTION PASSED
( 2684d), -12- P.C. 6-4/85
huntington beach development services department
STAf f
REPOR .
TO: Planning', Commission
FROM: Development Services
DATE: June 4 1985
SUBJECT: CODE AMENDMENT NO. 85-7 EXCAVATION OF LANDFILLS
1 . 0 GENERAL INFORMATION/HISTORY:
On September 19 , 19,63 . the City Council adopted Ordinance No. 2650
(attached ) , an urgency ordinance for a period of . 45 days ,
prohibiting any dis,t.ur-bance, excavation .or removal of any materials
from the Ascon. Landfill . On October 17 , 1983, the City Council
through adoption of -Urgency Ordinance No. 2661 , extended the
moratorium on the excavation of material from the Ascon Landfill for
a period of 1.0 months and 15 days , expiring on September' 18 , 1964 .
The Development Services Department Staff was directed by. Council
during the moratorium period to prepare an-- amendment to ":Lvisi:>n 9 i
Of th.F Ordinance.,C ode, that would. regulate and .ensure the proper
level_ of environmental control and safety over any ,proposal to
exca�> 4 a landfi.l.1 .
At t}_ eir=.Aulqust 6 .:1984_-weet.1ing the City Coun.6il rcview�_ �� , w,o
versions of a code ,amendment to. r_egulate. .fihe. exc dvat_ion r
landfills . The City Council was unable to: reach a°;c.onst-n- zs as to
the cGrrect approach. for regulating this type of activity. On
September 4 , 1984 , the City Council extended- the moratorium for a
one year period (ordinance 2727 ) in order to allow staff additional
time to fully examine all aspects of the subject problem.
2. . 0 ENVIRONMENTAL STATUS:
Pursuant to the environmental regulations in effect at this time,
the Department of Development Services posted Draft Negative
Declaration No. $4-4 . Ong April 17 , 1984 , the Plaanning Commission
recommended that th.e- City Council adopt Negative Declaration No .
84-5 , therefore, no action is necessary at this time .
3 . 0 ISSUES AND ANALYSIS:
The major issue of .concern is whether the proposed code amendment
provides the necessary level of control over excavation related
activities. The amendment would add provisions in the code
requiring the Planning Commission at a public hearing to approve or
deny this type of project. The amendment further require: the
A92tX
A-FM-23A
applicant to submit . an operations plan for review and approval by
the City identifying and quantifying the material to be excavated
and . including the mitigation measures deemed appropriate. It should
be noted that an 'environmental assessment pursuant to the California
Environmental Qua;lty Act, would be conducted in conjunction with
the preparation of 'the required operations plan.
In addition, to the,*'CJty 's regulatory power which would be
established througb ,adoption of this code amendment, both the State
Department of Health .Services and the South Coast Air Quality
Management District •have permit authority over excavation of
hazardous waste materials .
The Ascon Ad-Hoc Committee has reviewed the proposed amendment and
has endorsed the revisions contained in the current version .
4 . 0. RECOMMENDATION`:
Staff recommends that the Planning Commission recommend to the City
Council adoption of. Code Amendment No. 85-7 .
ATTACHMENTS
1 . Ordinance
2 . Urgency Ordinance 2727
JWP: HZ : kla
Staff Peport - 6/4/.85 -2- ( 2458d)
CODE AMENDMENT NO. 85-7
ORDINANCE NO.
. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING SECTIONS 9331 . 1 . 1 THROUGH 9331 .1 . 8
RELATING TO LANDFILL EXCAVATIONS AND HAZARDOUS
WASTE SITES
The City Counycil' of the City of Huntington Beach does ordain as
follows :
SECTION 1 . Th.e: Huntington Beach Ordinance Code 'is hereby
amended by adding sections 9.331. 1 .1 through 9331 . 1 . 8 to read as
follows :
9331 .1 . 1 LANDFILLS OR LAND DISPOSAL SITES. , CONDITIONAL USE
PERMIT ,REQUIRED. A conditional use permit may be granted for
excavation of landfills or land .disposal sites , except in the Al ,
SP-1 and Sl districts , subject, 'to the requirements set out in this
article .
9331 . 1 . 2 . i..ANDFILL .EXCA.VA,.IONS AND LAND: DISPOSAL ;ITS;.
DEFINITIONS . The following words and phrases wall. b(, ec>ns r .a_ed as
defined 11 herein unless a different meaning is-_°a parent Irom the
context :
f (a ) "Excavation" shall mean any activity and/or r;;ovemeat of�
material which exposes waste to the atmosphere.
(b ) "Land disposal site" shall mean any site where lard
disposal of Group ` I ,.. II or III waste , as defined by the California
Administrative Code, has been deposited either_ legally or illegally
l on or into the lard , including but not limited' to landfill , surface
impoundement , waste piles , ,land spreading, sumps , and coburial with
municipal refuse . -.
THIS ARTICLE. I.S NOT INTENDED to apply to typical grading and
surcharging operat`�ions (as defined in the UBC ) for approved.
development projects subject to the discretion of the.`Director of
Development Services .
9331 . 1 . 3. EXCAVATION ACTIVITY. OPERATIONS PLANS REQUIRED.
(a ) No person shall conduct any excavation . activity at any
land disposal site in the City of Huntington Beach without
first submitting to the City an operations plan, approved by
the Director of Development Services . Such plan shall include
complete information regarding the identify, quantity and
cliaracteri8tiCS..'Of the materlal being excavated, including a
chemical analyse; performed by 'a laboratory, acceptable to the
city, together °with the mitigation measures that will be used
to insure that .health hazards , safety hazards , or nuisances do
not result tromp.,such activity.
(b) Mitiga:ton measures contained in the operat:lons plan
may include gas collection and disposal of waste, encapsula-
tion, covering waste, chemical neutralization, or any other
measure,s' deemed. necessary by the city.
( c) Ambient air quality monitoring, as well as other moni-
toning or testing deemed reasonably necessary, shall be in-
cluded in the operations plan .
9331 . 1 .4. EXCAVATION ACTIVITY. APPROVAL OF OPERhTIONS
PLAN. ( a). The.`.city' shall not approve an operatiohs , plan un-
less such plan. ir,,cludes provisions for the ' immedlat:e r_essation
of excavation aca.tiv'ity when the' operator, or any agent thereof,
or a land. disposal site has been notified by the city that a
nuisance, health or safety hazard has or is about. to occur as a
result of such activity therein.
(b) Upon determination by any government agency that a
nuisance, - satety. or health prob..lem exists on _any Land disposal
site in the ci'ty, mitigation measures, contained in the c--)pera-
tions plan, shall be implemented immediately-
933.1. . 1 .s5. IIAZARDOUS WASTE. SiTES. For any .].anti d i.-0-posa L
site,, determined .-to be a hazardous waste site by L I I e state
Department of .Health Services. _'-And/or the. City of Hunt-Ington
Beath, the following additional measures shall be tak.� n prior
to excavation of such site:
( a). All property owners within a one-halt mile radii_is of
the site shall receive written notice of all public hearings to
be held regarding proposed excavation on the site. The cost of
preparing and mailing such notice shall be paid by the
operator%applicant'.
(b) A.-type of bond, acceptable to the City Attorney, shall
be. posted by the operator/applicant insuring that necessary
funds are available to restore the site to a sate condition it
excavation . is preiiiaturely terminated.
( c ) Excavat,i*bn of the site' shall be performed li`l accord-
ance with the requirements of the state Department of. I-Iealth
Services, and any other public agency with jurisciiction
2 .
over hazardous waste sites .
9331. 1 . 6. CKQNTENTS OF OPERATION PLAN. The operations plan
shall contain tkae following :
(a) A plan`establishing lines of authority anci response-
bility between public agencies .and the operator/applicant , or
his agents, during excavation. The plan shall contain specatic
procedures to be ,,tollowed by all responsible parties involved
with the excavation.
(b) A plan containing specific measures. to monitor air
quality to be implemented during excavation to prevent .the ex-
posure of on-site workers or area residents to unnealtntul va-
pors from the site. If caeemed necessary by the state
Department of lIealth Services, the plan shall also include spe
citic measures tor. evacuation of residents in the vicinity of
the site:
(c ) A plan =showing specific routes for vehicles trans
porting. hazardous wastes from the site.
(d ) A plan containing specific steps for restoration ot
the site to a safe condition it excavation is terminated prema-
tu e
9331 . 1 . 7. 1EXEMPTIONS . The following activities fall r,
exefilk)t from the requirements of this article „urile_ss, ol :iGLWI
determined .by, the Direc":or ot;..Developme.rit Services :
( a ) The-.:drilling o: holes ":up to -:twerity-loi.:ir , _( 24 ) ;�ches in
diameter •"for , .tel-ephone .or power transmission poles or, the"Lr
footings .
(b) The drilling of oil wells, gas wells or lanatil_L gas l
collection wells or. the maintenance of gas or leachate collec-
tion systems .
( c ) The city may exempt trom the requirements of tnis . ar-
ticle any excavation activity which has been determined to pose
an insignificant risk, or any activity which has been covered
sufficiently in a .plan prepared for any other agency having
jurisdiction over' the site.
9331 - 1 . 8. h:�.CA�VATION ACTIVITY PROFIIBITED. ( a) No person
shall excavate at, "any land disposal site in the city of
Huntington Beach`:unless he or she first . c_ertifi es that all ap-
plicable regulations of other public agencies with jurisdiction
over hazardous waste sites have been met
(b) Compl1ari:ce with the provisions of this article sha11
not exempt any person trom tailing to comply with tvae require
ments of the Cal.it.o.rnia FIealth and Satety Code , and -c,y
other applicable' -codes, rules or regulations .
SECTION .2 . 'This ordinance shall take ettect thirty days
utter its -passage.
PASSED AND AJ�OPTED by the City Council of the City of
Huntington Beach ,at a regular meeting thereot held on the
day of 1985.
Mayor
ATTEST : APPROVED AS TO FORM :
City Clerk' � City Attorney
REVIEl1ED AND APY,ZOVED: INITIATED A'PID APPROVED:
City Administrator Director of Development
Services
3357/0185L
RCS :ailb
8/9/84; 2/28/85 ; 5/15/85
4.
7
a OrD
ORDINANCE NO.
AN ORbIN' ANCE OF TiIE CITY OF HUNTINGTON 13 :ACH
AMEOlY G TliE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING SECTIONS 9331 . 1 . 1_ THROUGH 9331 . 1 . 7
RELATING TO EXCAVATION OF LANDFILLS OR LAND
DISPOSAL SITES
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1 . ' The Huntington Beach Ordinance Code is hereby
amended by adding. thereto sections 9331 . 1 . 1 through 9331 . 1 . 7 to
read as follows:
9331 . 1 . 1 . LANDFILLS OR LAND DISPOSAL SITES . CONDITIONAL USE
PERMIT REQUIRED- ' . A conditional use permit may be granted for
excavation of landfills or land disposal sites except in the Al
SP-1 and Sl districts subject to, the requirements of this article .
93.31 . 1 .2 . LANDFILL .EXCAVATION AND LAND .'DISPOSAL SITE .
DEFINITIONS . The following words and phrases .shall be const-rued
as .defined herein unless a different meaning is apparent from the
context :
( a) "Excavation". shall mean any activity and/or .,iovement of
earth which exposes buried waste to the atmosphere.
. (b) "Land disposal site" shall mean any site where land
disposal of Class I , II or III .waste, as defined by California
Administrative_C_od_e, has been deposited either legally or
illegally on or into the land, including but not limited .to
landfill; surface .i'mpoundment, waste piles , land spreading, .
sumps , and coburial with municipal refuse .
9331 . 1.3 . EXCAVATION ACTIVITY. OPERATIONS PLAN REQUIRED.
( a ) No persosi shall conduct any excavation activity at any
land disposal si-te d n the city of Huntington Beach without first
submitting to the"-.city an operations plan, approved by the
Director of Development Services . Such plan shall include
complete ' information regarding the identity, quantity and
characteristics 'of the material being excavated , including a
chemical analysis performed by a laboratory, acceptable to the
city, together with the mitigation measures that will be used to
insure that health hazards , safety hazards , or nuisances do not
8 Y
t� C
Si 84
result from such activity. .;
(b) Mitigation measures included in the operations plan may
include gas col. ection and disposal of waste, encapsulation,
covering waste; ;chemical neutralization, or . any other .-measures
deemed necessary by the city..
( c) Ambient air quality monitoring, as well as other
monitoring or testing deemed reasonably necessary, shall be
included 'in the :;operations plan.
9331 . 1 .4 . EXCAVATION ACTIVITY. APPROVAL OF OPERATIONS
PLAN. (a) Thezcity shall not approve an operations plan unless
such plan includes provisions for the immediate cessation of
excavation activity when the operator, or any agent thereof , of a
land disposal site has been notified by the, city that a nuisance,
health or safety( hazard has or is about to occur a.s. a result of
such activity therein.
(b) Upon determination by any government agency that a
nuisance, safety- or health problem exists on any land disposal
site in th.e city.,. .mitigation measures , contained in 'the
operations plan,. shall be implemented immediately.
9311 . 1 . 5 . HAZARDOUS WASTE SITES : ' For any land disposal site
determined to be a hazardous. waste-..site by the state Department
11
f of Health Servic'es ,. the following. additional.. measures shall be
taken prior to excavation of such site :
(a) All pr.operty owners within a one-half mile radius of the
site shall receive written notification of all public hearings to
be held regarding proposed excavation on the site. The cost of
preparing and mailing said notification shall be paid by the
operator/applicant .
(b) A type ,of bond, acceptable to the City Attorney, shall
be posted by the operator/applicant insuring that necessary funds
are available to restore the site to a safe condition if
excavation is prematurely terminated .
( c) Excavat'i.on of the site shall be performed in accordance
with the requirements of the state Department. of Health Services ,
and any other public agency with jurisdiction over hazardous
waste sites .
9331.. 1 . 6 . CONTENTS OF OPERATION PLAN. The operations plan
shall contain the. .-following :
(a) A plan formalizing lines of authority and responsibility
`� 2
between public agencies and the operator/applicant, or his
+ agents , during excavation . The plan shall contain specific
procedures to b.e, followed by all responsible parties ionvolved
with the excava.t'ion.
(b) A plan containing specific measures to monitor air
quality to be ijpl"emented during excavation to prevent the
exposure. of on-site workers or area residents to unhealthful
vapors from. the'.site . If deemed necessary by the State
Department of Health Services, the plan shall also include
specific measure.s for evacuation of residents in the vicinity of
the site.
( c ) A plan showing specific routes for vehicles transporting
hazardous wastes ,-;from the site.
(d) A plan- containing specific . steps for restoration of the
site to a safe dondition if excavation is terminated prematurely .
9331 . 1 . 7 . EXCAVATION ACTIVITY PROHIBITED. ( a) No person
shall excavate at' any land disposal site in the city" of
Huntington Beach unless he or she first certifies that, all
applicable regulations o.f other public -agencies with jurisdiction
over hazardous waste sites. have been met .
(b) Compliance with the provisions of .this article shall n0t..
A exempt any person from failing to .comply with the requirements cf.
.tire Cal i.for.n.ia . ieal_th and Safety Code, °and ant, - other appliccible
codes, rules or regulations .
SECTION 2 . . This ordinance shall take effect thirty days
after its passage :
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of _, 1984 .
--_----
ATTEST:
---------------------------
Mayor
City Clerk
Publisn July 4, 1985
NOTICE OF PUBLIC HEARING
CODE AMENDbEW NO 85-7
EXCAVATION OF LAND DISPOSAL SITES
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City
Council of the City of Huntington Beach, in the Council Chamber of the Civic
Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter;!as
possible on Monday the 15th day of July, 1985, for the purpose of considering
Code Amendment No. 85-7, a request by the City of Huntington Beach to amend
Article 933 (miscellaneous section of the ordinance code) by requiring a
conditional use permit prior to excavation of a land disposal site. If
adopted, the proposed code amendment would cause the existing moratorium on
the Ascon Landfill to expire, by providing a public hearing process for
excavation activity.
Negative Declaration No. 84-5 assessing the environmental effects of the
proposed code amendment will also be considered by Council.
All interested persons are invited to attend said hearing and express
their opinions for or against said Code Amendment No. 85-7 and Negative
Declaration No. 84-5.
Further information may be obtained from the Office of the City Clerk,
2000 Main Street, Huntington Beach, California 92648 - (714) 536-5227.
Dated: June 25, 1985
CITY OF HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk �/
- .
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149-034-02 WALLACE, TERRY D 149-041-01 BUCHNER, ISIDORE �•' '
04=001 21602 BAHAMA LN - 04-001- 9002 NIGUEL CIR
92646 HUNTINGTON' BEACH, CA 92646 HUNTINGTON BEACH, CA 926 9" I
149-034-03 ZANGAN, EBRAHIM 149-041-02 HAV'ERCROFTi ROBERT A
04-001 20242 RAVENWOOD LN 04-001 9022 ,NIGUEL CIR
92646 HUNTINGTON BEACH, CA 92646 HUNTINGTN BCH, CAL 926 6
149-034-04 BENNETT, FRED 1.49-041-03 OSCHMAN, JOHN W "
04-001 21622 BAHAMA LN 04-001 9032 NIGUEL CIR
92646 HUNTINGTON BEACH, CA 92646 HUNTINSTN BCH, CAL 92646
F:
77,
I n.
,
P1L67
Publish Date
L==.AL `1CT:v�
ORD 7,VA`dCE- 11C. 2 7 81
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY ADDING SECTIONS 9331.1.1 THROUGH 9331.1.8 RELATING TO LANDFILL
EXCAVATIONS .AND HAZARDOUS WASTE SITES"
'iCrS
Ordinance No. 2781 amends the Huntington Beach Ordinance Code .by requiring a
conditional use permit for the excavation of a land disposal site.
�E =�L_ TE`(` CF -HE CRDI`�A;�+GE iS A'ja- jBL= -`! . =E ' �' =RK S CF, rrc
r „ee: ,ng ne' _ Mcnca i , August 19 i:7 85 ="e
CW' ng r ii Ca /c:?.
nvcy: ^C'. 1-re n : Kelly, MacAllister, Bailey, Finley, Green, Thomas
NCE3 . CCUnc4 ,.'?en. None
J
NoneV iJJI C i T�.1.
NOif VOTING: Councilmen; Mandic C , ';r :+'^+';�;r-C•� �"'�- {
u'i