Culver City Municipal Code Ch. 9.03 Health, Sanitation and Hazardous Materials

Section

Health Code

Public Health Licensing

Hazardous Materials Disclosure Requirements, Business Plans, and Inspections

Culver City Hazardous Waste Management Plan

HEALTH CODE

There is hereby adopted by reference the Los Angeles County Public Health Code, as amended, three (3) copies of which are on file in the Office of the City Clerk. Any violations of said County Code, hereby adopted as the Health Code of the City of Culver City, shall be punishable as a misdemeanor under the provisions of §§ 1.01.035 et seq. of the Culver City Municipal Code.

('65 Code, § 16-1) (Ord. No. CS-826 § 3; Ord. No. 88-014 § 1)

PUBLIC HEALTH LICENSING

A. Division 1 of Title 8, Consumer Protection, and Division 1 of Title 11, Health and Safety, of the Los Angeles County Code, as amended as of February 1, 2002, are hereby adopted by reference thereto; and a copy of Division 1 of Title 8 and Division 1 of Title 11 of the Los Angeles County Code, as amended as of February 1, 2002, shall be kept on file in the office of the City Clerk and shall be maintained by the City Clerk for use and examination by the public.

B. In the event of any conflict or ambiguity between the provisions of this Code and those contained in Division 1 of Title 8, Consumer Protection, and Division 1 of Title 11, Health and Safety, of the Los Angeles County Code, as amended as of February 1, 2002, thereto, this Code shall prevail.

C. Any person who violates any provision of Division 1 of Title 8, Consumer Protection, or Division 1 of Title 11, Health and Safety, of the Los Angeles County Code, as amended as of February 1, 2002, is guilty of a misdemeanor and shall be punishable in such manner and to such extent as provided by Chapter 1.01 of this Code and any and all remedies, civil and criminal, provided therein.

(Ord. 2002-004 § 1)

HAZARDOUS MATERIALS DISCLOSURE REQUIREMENTS, BUSINESS PLANS, AND INSPECTIONS

The City Council finds and declares in order to protect the public health, safety and welfare and the environment, and in order to supplement the City's existing emergency response program and to comply with Federal and State laws and regulations, it is necessary to establish a system for collecting and verifying information for business plans relating to the handling, use, storage, release or threatened release of hazardous materials. The authority for this Subchapter includes the provisions of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), 42 USC 11001 et seq., as amended; Cal. Health & Safety Code§§ 25500 et seq., as amended, and the City's police power to protect the health, safety and welfare of the general public. Furthermore, pursuant to Cal. Health & Safety Code § 25502, the Culver City Fire Department has been designated as the administering agency for Cal. Health & Safety Code§§ 25500 et seq. and shall carry out its intent and requirements.

('65 Code, § 16-8) (Ord. No. 88-014 § 2)

Unless the context otherwise indicates, the following definitions govern the construction of this Subchapter:

ACUTELY HAZARDOUS MATERIAL. This term shall have the same meaning as EXTREMELY HAZARDOUS MATERIAL.

BUSINESS PLAN. An emergency pre-plan prepared for each facility, site, or branch of a business which meets the requirements of § 9.03.115 A. Each business plan shall provide the information required in § 9.03.115.

BUSINESS. Any employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association. For the purpose of this Subchapter, BUSINESS includes both for-profit and non-profit enterprises.

CAL. HEALTH & SAFETY CODE. The California Health and Safety Code, as amended.

CHEMICAL. Any chemical element, chemical compound or chemical mixture.

CHEMICAL NAME. The scientific designation of a substance in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service.

COMMON NAME. Any designation or identification, such as a code name, code number, trade name, or brand name used to identify a substance other than by its chemical name.

DEPARTMENT. The Culver City Fire Department.

DUN & BRADSTREET NUMBER. The number assigned to a business as listed in various directories published by Dun & Bradstreet.

EPA NUMBER. The number assigned by the U.S. Environmental Protection Agency to a specific business site where hazardous wastes are generated.

EXTREMELY HAZARDOUS MATERIAL. Any chemical on the list prepared by the United States Environmental Protection Agency and classified as an extremely hazardous substance pursuant to 40 CFR 300 and 355, and any amendments thereto.

FIRE CHIEF. The Fire Chief of the Culver City Fire Department or his/her designee(s). A designee of the Fire Chief may vary for any different aspect of the hazardous material disclosure and business plan program.

HANDLE. To use, generate, process, produce, package, treat, store or possess, emit, discharge or dispose of any hazardous material in any fashion. STORE, as used in this Subsection, does not include the storage of hazardous materials which are in transit or which are temporarily maintained in a fixed facility for a period of less than thirty (30) days during the course of transportation.

HANDLER. Any business which handles any hazardous material.

HAZARDOUS MATERIAL. Any material that because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. HAZARDOUS MATERIALS include, but are not limited to, hazardous substances, acutely hazardous materials, hazardous waste, infectious waste, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, biological agents, flammable, corrosive, oxidized or reactive materials and any material for which a handler or the Department has a reasonable basis for believing it would be injurious to the health, safety and welfare of persons or harmful to the environment if released into the workplace or the environment.

HAZARDOUS SUBSTANCE.

1. Any substance or chemical product listed in 49 CFR 172 and 173 and in Cal. Health & Safety Code § 25501.1.

2. In general, if the manufacturer or producer is required to prepare a Material Safety Data Sheet (MSDS) for the substance or product, or if the substance is radioactive, the handler should refer to the above described lists.

HAZARDOUS WASTE. Includes the definitions found in Cal. Health & Safety Code §§ 25115, 25117, and 25316, as amended. In general, if the chemical meets the definition of HAZARDOUS MATERIAL and is being disposed of or will no longer be used, the handler should refer to the above described Sections.

MATERIAL SAFETY DATA SHEET or MSDS. A form on which data about a specific chemical substance is provided, as required in Cal. Admin. Code Title 8, § 5194 and in the Occupational Safety and Health Act of 1970, 29 USC 651 et seq. This data includes, but is not limited to, information about the chemical in the following categories: hazardous ingredients, physical data, fire and explosion data, health hazard data, reactivity data, spill or leak procedures, special protection information and special precautions.

MODIFIED FACILITY.

1. An addition or change to a facility or business which results either in a substantial increase in the amount of extremely hazardous materials handled by the facility or business, or a significantly increased risk in handling an extremely hazardous material, as determined by the Department.

2. MODIFIED FACILITY does not include an increase in production up to the facility's existing operating capacity. MODIFIED FACILITY also does not include an increase in the production levels up to the production levels authorized in a permit granted pursuant to Cal. Health & Safety Code § 42300, as long as the increased levels would not result in a significant increase in danger or harm to persons in the workplace or to the environment.

QUALIFIED PERSON. A person who is qualified to attest, at a minimum, to the validity of the hazard and show the relationship between the plan and the hazards the plan is designed to mitigate.

RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, dumping, or disposing (including the abandonment or discarding of barrels, containers, and other closed receptacles) into the environment of any hazardous material, extremely hazardous substance, or toxic chemical, unless permitted or authorized by a regulatory agency.

RISK MANAGEMENT AND PREVENTION PROGRAM or (RMPP). The administrative and operational programs which are designed to prevent acutely hazardous materials accident risks, including, but not limited to, design safety of new and existing equipment, standard operating procedures, preventative maintenance programs, operator training and accident investigation procedures, risk assessment for unit operations, or operating alternatives, emergency response planning and internal or external audit procedures to ensure these programs are being executed as planned.

SITE. A location with a single address used by a business. Locations with different addresses, but used by the same business, even if contiguous, shall be considered separate sites. Furthermore, if a location with a single address used by a business has two (2) or more buildings or structures at that location, each building or structure may be considered a separate site, if in the discretion of the Fire Chief or his designee, there exists a significant potential danger to the public health and safety and/or environment.

STANDARD INDUSTRIAL CLASSIFICATION CODE or SIC CODE. The identification number assigned to specific types of businesses in the Standard Industrial Classification Manual issued by the Federal Office of Management and Budget.

THREATENED RELEASE. A condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, or the environment.

TITLE III. Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), 42 USC 11001 et seq., as amended, which Act amended the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 USC 9601 et seq. Title III is also known as the “Emergency Planning and Community Right-to-Know Act of 1986.”

TRADE SECRET. Information about a chemical or chemicals, the release of which would unreasonably harm the competitive position of a business. Specific factors for determining trade secret status are described in Cal. Health & Safety Code § 25511, as amended, 42 USC 11042, as amended, Cal. Gov't Code § 6254.7(d), as amended, Cal. Evid. Code § 1060, as amended, and § 9.03.125 of this Subchapter and any Resolution adopted thereunder.

('65 Code, § 16-9) (Ord. No. 88-014 § 2)

A. Applicability and contents. Every business within the City must complete the Departments reporting form(s), declaring whether that business handles any hazardous or extremely hazardous materials at any time within the calendar year. All businesses handling hazardous or extremely hazardous materials shall be required to prepare and submit a business plan to the Department. Business plans shall include, but not be limited to, the inventory of hazardous materials, as described in § 9.03.115, procedures for emergency notification to the Department and the State Office of Emergency Services, procedures for mitigation of a release or threatened release of hazardous materials, evacuation plans and employee training, as required by Resolution by the City Council.

B. Reporting dates; facilities, sites, and branches. Business plans shall be submitted under the same schedule established for the hazardous material inventories under § 9.03.115 as set by Resolution by the City Council. A separate business plan shall be required for each facility, site, or branch of a business which meets the requirements of Subsection A.

('65 Code, § 16-10) (Ord. No. 88-014 § 2)

A. Applicability; reporting dates. Every business within the City which handles hazardous or extremely hazardous materials shall prepare an inventory of all hazardous materials it handles within a single calendar year. The inventory shall be considered part of the business plan, required pursuant to § 9.03.110 of this Subchapter, and shall be submitted to the Department annually, according to the dates established in the Inventory Reporting Schedule. The Inventory Reporting Schedule and specific information required thereunder shall be established by Resolution by the City Council.

B. Required inventory data. The inventory data shall be submitted in a manner and format authorized by the Department. This data shall include all information required by Resolution by the City Council and the following:

1. Cal. Health & Safety Code § 25509;

2. Title III, §§ 311 and 312, being 42 USC 11021 and 11022;

3. Any regulations adopted by the State or Federal governments for the implementation of these laws;

4. Any amendments to these laws or their respective implementing regulations;

5. Any information the Fire Chief deems necessary to promote the health, safety and welfare of the general public.

('65 Code, § 16-11) (Ord. No. 88-014 § 2)

A. General requirements; timetable.

1. Any business which handles any acutely hazardous material at any time within the calendar year, shall be required to file an acutely hazardous material registration form, pursuant to Cal. Health & Safety Code § 25533. Within ninety (90) days after the Department receives the form, said business may be required, at the discretion of the Fire Chief, to prepare a Risk Management and Prevention Program (RMPP) for that business. The RMPP shall be prepared within twelve (12) months following the Fire Chief's request for preparation.

2. The RMPP shall be required for any new or modified facility which will be used for the handling of acutely hazardous materials and which will commence or have commenced new or modified operations on or after January 1, 1988. The new or modified operations dealing with acutely hazardous materials shall not commence until the RMPP has been prepared and certified, pursuant to Subsection D. The RMPP shall be prepared in addition to the business plan required in § 9.03.115 of this Subchapter. A separate plan shall be prepared for each site, branch, or facility of the business located within Culver City, unless the Fire Chief agrees to a consolidated plan.

B. Plan contents. The RMPP shall include all the information required by Cal. Health & Safety Code § 25534.

C. Review and update of RMPP. The handler shall review the RMPP, and shall make necessary revisions to the RMPP at least every three (3) years, but, in any event, within sixty (60) days following a modification which would materially affect the handling of an acutely hazardous material.

D. Certification; copy of RMPP. The RMPP, including any revisions required by the Department, shall be certified as complete by a qualified professional and the facility operator. If requested, a copy shall be provided to the Department.

E. Notification of completion; implementation of the RMPP. The handler shall notify the Department in writing when the RMPP has been completed and certified. The handler shall implement the programs and activities specified in the RMPP. The handler shall again notify the Department in writing when the RMPP has been implemented, and shall summarize the steps taken in the preparation and implementation of the RMPP. The handler shall continue to carry out the programs and activities specified in the RMPP after notification of implementation is sent to the Department.

('65 Code, § 16-12) (Ord. No. 88-014 § 2)

A. Trade secret factors; disclosure to Department. If a business believes the inventory required by this Subchapter involves the release of a trade secret, the business shall still make the full disclosure to the Department, but shall notify the Department in writing of that belief on the inventory form.

B. Protection from disclosure. Subject to the requirements of Cal. Health & Safety Code § 25511, this Section and the Resolution adopted pursuant to this Subchapter, any person who receives trade secret information as authorized hereunder, shall protect from disclosure any trade secret designated as such by the handler.

C. Violations; enforcement. Any person, as described in the Resolution adopted pursuant to this Subchapter, who discloses trade secret information in violation of this Section and/or the Resolution, is guilty of a misdemeanor.

('65 Code, § 16-13) (Ord. No. 88-014 § 2)

A. The business plan and revisions thereto shall be available for public inspection during the regular working hours of the Administration Division of the Department, except that those portions of the business plan specifying the location where hazardous materials are stored and handled on-site, shall not be available for public inspection. Such location information includes, but is not limited to, any maps of the site, as required by Cal. Health & Safety Code § 25509(a)(5).

B. Trade secret information shall not be revealed, except if it is required by Cal. Health & Safety Code § 25511 or § 11042 of Title III (42 USC 11042). However, business plan information shall be made available to Federal, State and other local agencies upon request.

('65 Code, § 16-14) (Ord. No. 88-014 § 2)

A. Immediate verbal notice required.

1. A person shall provide an immediate, verbal report of any release or threatened release of a hazardous material to the Department and the State Office of Emergency Services, as soon as:

a. He or she has knowledge of the release or threatened release;

b. Notification can be provided without impeding immediate control of the release or threatened release; and

c. Notification can be provided without impeding immediate emergency medical measures.

2. The immediate reporting required hereunder shall include all the information described in the Resolution adopted pursuant to this Subchapter. An immediate report shall not be required if there is a reasonable belief that the release or threatened release poses no significant present or potential hazard to human health and safety, property, or the environment. Each handler shall allow fire, public health and safety personnel to have access to the facility.

B. Written report required. In addition to the immediate verbal notification required in Subsection A., any business with ten (10) or more employees and which handles more than ten thousand (10,000) pounds of hazardous materials in a single calendar year shall submit a copy to the Department of any report on any release or threatened release of a hazardous material prepared in writing, pursuant to Title III, being 42 USC 11001 et seq., as submitted to the Administrator of the U.S. Environmental Protection Agency, within ten (10) days of the date of the release.

('65 Code, § 16-15) (Ord. No. 88-014 § 2)

In order to carry out the purposes of this Subchapter, any employee or authorized representative of the Department shall be granted access to inspect the premises of a handler, and any real property within two thousand (2,000) feet of the premises of a handler, pursuant to the authority specified in Cal. Health & Safety Code §§ 25185, 25185.5 and 25508. The Department shall also have the right to inspect the premises of a handler to determine if the business plan and/or RMPP has been implemented.

('65 Code, § 16-16) (Ord. No. 88-014 § 2)

A. In general. To pay for the costs incurred by the City in carrying out the provisions of this Subchapter, the City Council shall by Resolution, set a schedule of fees to be collected from each business.

B. Late fees. Businesses submitting inventories and business plans after the filing deadlines established by Resolution by the City Council, shall be assessed a penalty as provided by Resolution. Any business which pays its fees after the required payment date shall also be assessed a penalty.

C. Enforcement. Any business which fails to pay the fees established pursuant to this Subchapter or fails to pay the late fees when applicable under Subsection B. shall not be issued a City Business Tax Certificate nor be allowed to renew a current Certificate, until such time as the fees are paid in full.

('65 Code, § 16-17) (Ord. No. 88-014 § 2)

A. Civil liability. Any business found in violation of §§ 9.03.110 (Business Plans), 9.03.115 (Inventories), 9.03.120 (RMPP), 9.03.140 (Inspections) and/or 9.03.145 (Fees) of this Subchapter, or of the implementing regulations, rules and procedures thereto shall be civilly liable to the City in the following amounts:

1. For any violation, an amount not to exceed Two Thousand Dollars ($2,000.00) for each day of violation, except as otherwise provided in this Section.

2. Any business that knowingly violates the above-stated sections, after reasonable notice of the violation, shall be civilly liable to the City in an amount not to exceed Five Thousand Dollars ($5,000.00) for each day of violation.

3. If the violation results in, or significantly contributes to, an emergency, including but not limited to a fire, the business shall also be assessed the full cost of the City and/or county emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.

4. If a civil penalty has been levied under this Section, against a business which fails to submit full payment of the penalty, that business shall not be issued a new City Business Tax Certificate nor be allowed to renew a current Certificate, until such time as the penalty is paid in full. Furthermore, a late fee may be assessed.

B. Criminal fines and imprisonment; failure to report releases; risk management and prevention.

1. a. Any business that violates §§ 9.03.110 (Business Plans), 9.03.115 (Inventories), and 9.03.145 (Fees) of this Subchapter shall be guilty of an infraction, except as otherwise provided in this Subchapter, which shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00), in accordance with the provisions of § 1.01.035 of the Culver City Municipal Code. Each and every day a violation continues shall constitute a separate offense.

b. Any violation which would otherwise be an infraction shall be a misdemeanor if a defendant has been convicted of three (3) or more violations of this Subchapter within the twelve (12) month period immediately preceding the violation and if such prior convictions are admitted by the defendant and/or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed a conviction of the offense charged.

2. Any person or business who violates § 9.03.135 of this Subchapter (reporting of releases), or who knowingly makes any false statement or representation in any record, report, or other document filed, maintained, or used for the purpose of compliance with § 9.03.120 of this Subchapter (RMPP) or with Cal. Health & Safety Code§§ 25500 et seq., shall, upon conviction, be subject to the following penalties:

a. First conviction - A fine not to exceed Twenty-Five Thousand Dollars ($25,000.00) for each day of violation, or by imprisonment in the county jail for not more than one (1) year, or by both the fine and imprisonment.

b. Repeat convictions - If the conviction is for a violation committed after a first conviction under this Section, the person shall be punished by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Fifty Thousand Dollars ($50,000.00) for each day of violation, or by imprisonment in the State prison for sixteen (16), twenty (20), or twenty-four (24) months or in the county jail for not more than one (1) year, or by both the fine and imprisonment.

c. If the violation results in, or significantly contributes to, any emergency, including, but not limited to a fire, the person or business shall also be assessed the full cost of the City and/or county emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.

C. Interference with enforcement; misdemeanor. Any person who willfully prevents, interferes with, or attempts to impede the enforcement of this Subchapter by any authorized representative of the City is, upon conviction, guilty of a misdemeanor.

D. Rewards; persons providing information. Any person who provides information which materially contributes to (1) the imposition of a civil penalty under § 9.03.150 A.; or (2) the conviction of a person under § 9.03.150 B. as determined by the City Attorney or other person filing the action, shall receive a reward from the City or the State equal to ten percent (10%) of the amount of the settlement or the fine collected, not to exceed Five Thousand Dollars ($5,000.00), according to the provisions and limitations of Cal. Health & Safety Code § 25517. The reward shall be paid from the amount of the civil penalty or criminal fine collected. This Section shall not apply to any City employee who provides such information in the scope of his/her employment.

E. Other laws, rules and regulations.

1. The provisions of this Section are in addition to other provisions of local, State and Federal laws, regulations, and rules, which in and of themselves, or in combination with the requirements of this Section, may bring about civil and/or criminal actions against a person or business for violation of the specific sections of those laws, rules, or regulations.

2. Pursuant to § 1.01.055 of the Culver City Municipal Code, unless otherwise expressly provided, the remedies and penalties provided by this Subchapter are cumulative to each other and to the remedies and penalties available under other laws.

('65 Code, § 16-18) (Ord. No. 88-014 § 2)

The Department shall be the lead agency in all investigations of violations of this Subchapter and/or of violations of Cal. Health & Safety Code §§ 25500 et seq., except if the Fire Chief authorizes in writing that another agency may accept lead status. Such authorizations shall be made on a case-by-case basis.

('65 Code, § 16-19) (Ord. No. 88-014 § 2)

A. This Subchapter is to be liberally construed so as to accomplish the intent of the City Council in protecting the public health, safety and welfare and the environment.

B. For the purpose of this Subchapter, all references to any Federal, State or local laws, statutes and codes shall be construed to include any amendments thereto and any rules and regulations promulgated thereunder.

C. Severability. If any provision of this Subchapter or the application thereof to any person or circumstances is held invalid, that invalidity shall be severable from and shall not affect any and all remaining phrases, clauses, sentences, paragraphs and sections of this Subchapter.

('65 Code, § 16-20) (Ord. No. 88-014 § 2)

The authority for incident command at the scene of an on-highway hazardous substance incident on local streets and roads, other than freeways, is assigned to the Culver City Fire Department.

('65 Code, § 16-21) (Ord. No. 96-008 § 1)

CULVER CITY HAZARDOUS WASTE MANAGEMENT PLAN

Pursuant to state requirements, the City has determined it shall provide a plan for the management of hazardous waste, including the siting of hazardous waste storage, transfer and/or disposal facilities, which is consistent with the provisions of the Los Angeles County Hazardous Waste Management Plan (“LA CoHWMP”). Pursuant to Cal. Health & Safety Code § 25135.7(c)(1), the City, in its efforts to assist in the proper management of hazardous waste and to provide adequate protections for its citizens, adopts that certain document titled the Culver City Hazardous Waste Management Plan (“CCHWMP”), a copy of which shall be kept on file with the City Clerk and the City's Planning Division. The CCHWMP includes the following elements, as described in Cal. Health & Safety Code § 25135.1(d):

A. An analysis of the hazardous waste stream generated in Los Angeles County, including an accounting of the volumes of hazardous waste produced in the County by type of waste, and estimates of the expected rates of hazardous waste production until 1994, by type of waste.

B. A description of the existing hazardous waste facilities which treat, handle, recycle, and dispose of the hazardous waste produced in the County, including a determination of the existing capacity of each facility.

C. An analysis of the potential in the County for recycling hazardous waste and for reducing the volume and hazard of hazardous waste at the source of generation.

D. A consideration of the need to manage the small volumes of hazardous waste produced by businesses and households.

E. A determination of the need for additional hazardous waste facilities to properly manage the volumes of hazardous waste currently produced or that are expected to be produced during the planning period.

F. Siting criteria to be utilized in selecting sites for new hazardous waste facilities.

G. A statement of goals, objectives and policies for the siting of hazardous waste facilities and the general management of hazardous wastes through the year 2000, as well as a statement of the goals of the City.

H. A schedule which describes County and City actions necessary to implement the LA CoHWMP and CCHWMP through the year 2000, including the assigning of dates for carrying out the actions.

('65 Code, § 16-24) (Ord. No. 91-013 § 1 (part))

A. Permit required. A Culver City Hazardous Waste Facility Siting Permit (“Facility Siting Permit” or “FSP”) shall be obtained prior to the siting of any hazardous waste management facility in the City.

('65 Code, § 16-25)

B. Procedures for obtaining permit. To obtain a Facility Siting Permit, the applicant must comply with the following procedures and in addition, with the applicable provisions of the Health and Safety Code, pertaining to permitting of hazardous waste facilities:

1. Information required. Applications shall be accompanied by:

a. A plot plan and description of the property involved, plans and descriptions of the proposed use of the property, with ground plans and elevations for all proposed buildings; and

b. Any other information required in determining the validity of the request.

2. Filing of applications.

a. Applications for a Facility Siting Permit shall be made in writing to the City Planner and in such form and supplying such information as is required pursuant to this Subchapter. No application shall be accepted, unless it complies with such requirements.

b. Applications filed pursuant to this Subchapter shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City and there shall be attached thereto copies of all notices and actions pertaining thereto.

3. Filing fees. Before accepting any application for filing, the City shall charge and collect a filing fee, based on the type of application, in an amount set forth by resolution of the City Council, for the purpose of defraying the expenditures, incidental to the proceedings required.

4. Investigation. The City Planner, or his/her designee shall make such investigation of facts bearing upon such applications as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this Subchapter. The City Planner, upon completing the investigation, shall immediately prepare for the Planning Commission a staff report setting forth the pertinent facts and one or more recommended courses of action.

5. Procedures for public hearings and actions; Planning Commission and City Council. The procedures and requirements as set forth in this Section shall govern public hearings before the Planning Commission and the City Council and actions on matters requiring public hearings.

6. Setting of public hearings. The Clerk of the Planning Commission, upon receipt in proper and complete form of any application requiring a public hearing shall fix a reasonable time and place for a public hearing which shall commence not less than twelve (12) calendar days nor more than ninety (90) calendar days after the receipt of the application.

7. Notice of public hearings.

a. All notices for public hearings regarding a Facility Siting Permit, before the Planning Commission and the City Council, shall be by mailing, postage prepaid, to the owners of property within a radius of one thousand (1000) feet of the exterior boundaries of the property described in the application, using for this purpose the last known name and address of such owners as shown upon the City's copy of the assessment rolls of the County of Los Angeles. Such notice shall state the nature of the request, the location of the property and the time and place of the hearing.

b. Notice of a public hearing regarding a Facility Siting Permit shall be published once in a newspaper of general circulation in the City, not less than ten (10) calendar days prior to the date of the public hearing.

c. In the case of a hearing before the City Council, the City Clerk shall cause to be posted notices headed “Notices of Hearing for a Culver City Hazardous Waste Facility Siting Permit,” which heading shall be in words not less than one (1) inch in height and the notice to be substantially the same as the postcard, except that explanatory maps or plats posted shall not be required on the postcard. Posted notices shall be posted not more than one hundred (100) feet in distance apart within a one thousand (1000) foot radius, and there shall be at least three (3) of such notices on each side of the property. Such notices shall be posted at least ten (10) calendar days prior to the time set for the public hearing.

d. Notices of the public hearing shall be sent by certified mail to the applicant(s), not less than ten (10) calendar days before the date set for the hearing.

8. Public hearing. The Planning Commission and City Council shall each review the application or proposed action and the staff report and recommendation followed by any other evidence pertinent to any action proposed to be taken. All persons so desiring shall be heard relative to the subject matter for the public hearing. The applicant or appellant may appear in his/her own behalf or be represented by counsel or other duly authorized representative. The Planning Commission and City Council may establish their own rules for the conduct of such hearings.

9. Notice of decision. Within ten (10) working days after recommendation by the Planning Commission, a notice to the applicant shall be delivered or mailed at the address shown on the application. A copy of such notice shall also be sent, within the same period of time, to each member of the City Council, City Manager, City Attorney and to each person who has made a written request for such notice.

10. Decision of the Planning Commission. The decision of the Planning Commission shall be advisory to the City Council.

11. City Council hearing and final decision. Within ten (10) working days after action by the Planning Commission, the Planning Commission's recommendations and the complete record of the case, shall be delivered to the City Clerk for transmittal to the City Council. The City Clerk shall set a City Council public hearing in accordance with the provisions of this Section. The City Council shall reach a final decision within thirty (30) calendar days following the close of the City Council public hearing.

('65 Code, § 16-26)

(Ord. No. 91-013 § 1 (part))

Pursuant to Cal. Health & Safety Code § 25135.7(d) the City may attach appropriate conditions to the issuance of any land use approval of a hazardous waste facility in order to protect the public health, safety or welfare of its citizens.

('65 Code, § 16-27) (Ord. No. 91-013 § 1 (part))