Cupertino Municipal Code Ch. 9.20 Off-Site Hazardous Waste Facilities

The purpose of this chapter is to establish uniform standards, land use regulations and a permit review process for controlling the location, design, maintenance and safety of off-site hazardous waste treatment, storage, transfer and disposal facilities. This chapter is intended to implement the City’s policies concerning hazardous waste management, as contained in the public health and safety element of the general plan, and is enacted in accordance with the statutory authority granted to local government agencies under the California Health and Safety Code.

(Ord. 1555, Part 1 § 1, 1991)

A. General. The specific requirements of this chapter are applicable to the siting and development of hazardous waste treatment, storage, transfer and disposal facilities as defined in Section 9.20.030 of this chapter.

B. Exceptions. The provisions of this chapter shall not apply to permanent on-site hazardous waste management facilities at locations where hazardous waste is produced, and which are owned by, leased to, or are under the control of the producer of the waste.

C. State License Required. All hazardous waste management facilities regulated by this chapter shall require state licensing prior to installation and operation. The project sponsor shall assume all responsibility in connection with obtaining licenses and entitlements from all other agencies having jurisdiction over such facility.

(Ord. 1555, Part 2 §§ 1-3, 1991)

Unless otherwise stated, the following definitions pertain to this chapter:

A. “Applicant” means any person, agent, firm or entity applying to the City for a permit or a land use decision concerning a specified hazardous waste facility, or as otherwise defined under the term “proponent” contained in California Health and Safety Code, Section 25199.1(i).

B. “City” means the City of Cupertino, a California municipal corporation.

C. “County” means the county of Santa Clara, California.

D. “Director” means the Director of Community Development of the City of Cupertino, or authorized agent or designee thereof.

E. “Governor’s Appeal Board” means a panel formed to review the appeal by an applicant, as defined herein, of a specific hazardous waste facility land use application denied by the City, or of one or more conditions of approval attached to any offsite hazardous waste facility land use decision, or an appeal brought by an interested person, as defined herein, for review of any hazardous waste facility land use decision on the grounds that the conditions imposed therein do not adequately protect the public health, safety and welfare. The Governor’s Appeal Board membership, purpose and procedures are defined in the California Health and Safety Code, Sections 25199.9 through 25199.14.

F. “Hazardous waste” means a waste, or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, flammability or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or serious, irreversible or incapacitating illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise mismanaged.

G. “Health and safety assessment” means a technical and environmental evaluation of a proposed facility site to consider the physical and chemical characteristics of the specific types of wastes that would be processed in the facility. The assessment shall include all content described in Sections 9.20.140-9.20.220 of this chapter.

H. “Immobile population” means persons present in schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, and other similar facilities.

I. “Interested person” means any individual or group of persons who participated in one or more public hearings held to consider an application for a land use decision for a specific hazardous waste facility. “Participation,” for purposes of this definition, shall include, but not be limited to, attendance at, giving of testimony at, or submission of written or verbal questions at a meeting or hearing concerning said application.

J. “Land use decision” means a discretionary decision given by the City concerning a specific hazardous waste facility including the approval of a change of zone, planned development.

K. “Local Assessment Committee (LAC)” means a committee of locally appointed representatives whose membership, duties and mission are defined in California Health and Safety Code, Section 25199.7(d), and as described in Sections 9.20.230-9.20.270 of this chapter.

L. “Off-site hazardous waste facility” means any structure(s), other appurtenances or improvements on the land, and all contiguous land serving more than one producer of hazardous waste and used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, including but not limited to:

1. Chemical oxidation facility;

2. Incineration facility;

3. Neutralization/precipitation facility;

4. Stabilization/solidification facility;

5. Transfer/storage facility.

M. “Office of Permit Assistance (OPA)” means the State of California Office of Permit Assistance.

N. “Office of Planning and Research (OPR)” means the State of California Governor’s Office of Planning and Research.

(Ord. 2056, (part), 2010; Ord. 1555, Part 3, 1991)

The following steps identify the actions to be taken for processing of an application for an off-site hazardous waste facility, by the applicant, State and City.

(Ord. 1555, Part 4 (part), 1991)

A. At least ninety days prior to filing an application with the City for a land use decision for an offsite hazardous waste facility, the applicant shall file with the Office of Permit Assistance, and with the County a notice of intent (NOI) to make application.

B. The City shall publish a notice in the Cupertino Courier, the official newspaper of general circulation in the City, that an NOI has been filed, and summarizing the scope, intent and location of the project. The City shall also notify by direct mail owners of property contiguous to the proposed location of the facility, as said owners are listed on the latest equalized assessment roll. The City shall collect a fee from the applicant equal to the cost of notification required by this section.

(Ord. 1555, Part 4 § 1, 1991)

A. Within forty-five days of receiving the NOI, the City shall issue to the applicant and to OPA a written determination that the proposed application is or is not consistent with the Cupertino general plan, and with the Santa Clara County hazardous waste management plan. Said determination shall be made following a public hearing before the Planning Commission and City Council, in accordance with the provisions of Section 9.20.280 of this chapter.

B. If the city determines that the application is inconsistent with either the Cupertino general plan or the Santa Clara County hazardous waste management plan, the applicant shall be advised in writing of the specific issue(s) of inconsistency. The applicant may elect to modify the application and refile the NOI with the Office of Permit Assistance, to withdraw the application, or to proceed with the application in its original form. Should the applicant elect to proceed with a project which is found to be inconsistent with the general plan, such determination may be used as the basis for denial of a City land use application at a subsequent hearing, even if said application is determined to be otherwise complete in accordance with the requirements of Sections 9.20.140-9.20.220 of this chapter.

(Ord. 1555, Part 4 § 2, 1991)

Within ninety days after the filing of the notice of intent with the Office of Permit Assistance, the city shall establish a date, time and location within Cupertino for OPA to conduct an informational public hearing concerning the nature, function and scope of the proposed facility, and describe the procedures required to review the project application. Notice of the hearing shall be given in accordance with the provisions of Section 9.20.280 of this chapter. The City’s Director of Community Development shall attend the OPA hearing in the role of an information resource person.

(Ord. 1555, Part 4 § 3, 1991)

Following the OPA hearing described in Section 9.20.070, the applicant may file application(s) for City land use approval actions. The City shall inform the applicant within thirty days that the subject application(s) is/are complete in regard to the content and form specifications of Sections 9.20.1409.20.220 of this chapter, and that the requisite number of copies of required material have been received, or shall describe in detail the materials needed to correct the incomplete nature of the submittal. In no case shall application(s) for local land use approval be deemed complete without payment in full of the following fees:

A. Land use application fee(s);

B. Fee for establishing, convening and staffing the Local Assessment Committee as described in Section 9.20.250 of this chapter.

C. Technical assistant grant funds as described in Section 9.20.250(B) of this chapter.

Within ten days of the City’s acceptance of application(s) for local land approval actions as complete, the City shall so notify OPA in writing.

(Ord. 1555, Part 4 § 4, 1991)

Within thirty days after acceptance of the application(s) for local land use approval actions as complete, the City Council shall appoint a Local Assessment Committee in accordance with the provisions of Section 9.20.230 of this chapter.

A. Scoping Meeting. Within the prescribed statutory time limits following notification to OPA that the application(s) for local land use approval(s) is/are complete, the OPA shall convene a scoping meeting at a date, time and place within the City, subject to the hearing notice requirements provided in Section 9.20.280 of this chapter. The purpose of said scoping meeting is to determine the issues which concern the agencies required to review the proposed facility, and the issues which concern the public, including review of the project under the California Environmental Quality Act. The applicant, the LAC, the Cupertino Director of Community Development, and representatives of the lead agency and responsible agencies shall attend the scoping meetings.

B. Meet and Confer. Following the scoping meeting described in subsection A, the applicant, the Local Assessment Committee (LAC) and LAC staff shall meet and confer for purposes of establishing terms and conditions under which the proposed offsite hazardous waste facility may be acceptable to the city. Based on the results of the meet and confer session, the applicant may amend the application materials submitted for the local land use decision. The requirement for environmental assessment for the project may be waived by the City if the applicant agrees that an environmental impact report must be prepared for the project.

(Ord. 23-2247, § 1 (part), 2023; Ord. 1555, Part 4 § 5, 1991)

A. The City shall conduct a public hearing before the Planning Commission for the local land use application(s) affecting the proposed off-site hazardous waste facility. The public hearing shall be subject to the notification requirements described in Section 9.20.280 of this chapter.

B. The Planning Commission’s decision(s) on the application(s), whether a final action or a recommendation to the City Council, shall be rendered in accordance with procedural ordinance, Ordinance No. 652.

C. The Planning Commission’s decision(s) to approve the application(s), whether final action or a recommendation to the City Council, shall be accompanied by the following written findings for each separate action:

1. That the proposed facility is consistent with the Cupertino general plan;

2. That the proposed facility will not be detrimental to the health, safety or general welfare of the community;

3. That the proposed facility is consistent with the provisions of the Association of Bay Area Governments’ regional fair share memorandum of understanding, and with the siting policies established in the Santa Clara County hazardous waste management plan;

4. That the proposed facility is consistent with the siting criteria stated in Section 9.20.290 of this chapter.

(Ord. 23-2247, § 1 (part), 2023; Ord. 1555, Part 4 § 7, 1991)

Recommendation(s) of the Planning Commission concerning local land use application(s) for an offsite hazardous waste facility shall be subject to final decision of the City Council, which shall be given at a public hearing preceded by notification requirements as described in Section 9.20.280 of this chapter.

(Ord. 1555, Part 4 § 8, 1991)

An applicant or an interested person may file an appeal of a land use decision made by the City Council to the Governor’s Appeal Board within thirty days after the date on which the City Council takes final action on the land use application. Appellants shall follow the procedure outlined in the California Health and Safety Code, Sections 25199.9 through 25199.14.

(Ord. 1555, Part 4 § 9, 1991)

The following materials are required for submittal of a complete application for an off-site hazardous waste facility:

A. Completed application form, including signature(s) of property owner(s), filing fees and deposit of other funds as specified in this chapter;

B. Completed initial study checklist, unless an environmental impact report is to be prepared by prior agreement between the applicant and City;

C. Site plan drawn to an appropriate scale which describes:

1. Dimensions of the property and all existing and proposed structures;

2. Surrounding properties and improvements, and adjoining public roadways within one hundred feet of the boundary of the property;

3. Setbacks, circulation aisles, roadways and parking, ingress and egress driveways;

4. Actual location of known earthquake fault zones or one hundred year flood plain within one hundred feet of the property, or note describing proximity of such zones if more than one hundred feet distant;

5. Existing and proposed topography of site, including pad elevation for existing and proposed structures and the surrounding area within one hundred feet of the property boundary;

6. Identification of utilities to serve the proposed facility;

7. Location of buffer zones, fire hydrants, containment berms or other life safety and property protection areas and devices that may be required in accordance with environmental impact mitigation or strategies indicated in the emergency contingency plan, or risk assessment required for the application in Section 9.20.170 and Section 9.20.160, respectively, of this chapter.

8. Such other information as the Director may deem necessary according to the specific circumstances of the site or facility proposed.

D. Architectural elevations for proposed structures or for those existing structures which will be modified in the context of the application, including materials, a color palette and building height dimensions.

E. Conceptual landscape plan with certification of compliance with the Cupertino xeriscape guidelines program.

(Ord. 1555, Part 5 § 1, 1991)

The application for an off-site hazardous waste facility shall also include the following elements of a health and safety assessment. The Director and/or Local Assessment Committee shall have the authority to require specific items of content in the report addressing each element of the health and safety assessment, according to the specific circumstances of the site or facility proposed.

A. Geotechnical element to determine the proximity of known active or potentially active faults, landslides or other hazards which could affect the proposed facility design, or which might expose the operation thereof to earthquake or landslide hazards, and proposed mitigation of such hazards if required. The complete scope of work for the study shall be provided by the City Geologist prior to commencement of work on the study.

B. Hydrology element to consist of the following information:

1. Identification of all wastewater generated by the proposed facility, treated and untreated, the method of treatment and place of final discharge;

2. Identification of known aquifers on or within proximate distance of the site of the proposed facility, and impact of the project upon the aquifers regardless of the potability of the aquifers.

C. Traffic element to determine the daily trip generation rate for the proposed facility, especially the trip rate during the weekday evening ping peak hour, impact on existing level of service for any signalized intersection in the project vicinity, and identification of the haul rate from the City limits to the facility, including any likely alternatives.

D. Hazardous waste element to identify the amounts (tonnage) and types of hazardous wastes to be treated at the proposed facility; the source of these wastes; the ultimate disposition of the wastes, and the anticipated life of the facility. Information shall be provided on the amounts, sources and types of hazardous wastes to be treated based on an actual survey of the industries to be served.

E. Facility security element to prevent the unauthorized entry of persons or animals onto any portion of the facility. The element shall contain appropriate specifications for control of entry to the facility, adequate perimeter fencing and twenty-four-hour surveillance by on-premise security personnel or by monitored electronic media, and such other information as may be required by the City or cooperating agency.

(Ord. 1555, Part 5 § 2, 1991)

The application for an off-site hazardous waste facility shall also include a risk assessment for each project to estimate the level of risk to human health and the environment. The risk assessment shall include the following:

A. The physical and chemical characteristics of the various wastes to be processed at the facility;

B. Determination of acute and chronic health threats, based on worst case and maximum credible accident scenarios;

C. Characterization of routine emissions (operative or fugitive) from the maximum credible accident scenario;

D. Characterization of exposure pathways for all emissions, including those along the identified haul route(s) within the City limits.

Information from the risk assessment shall be incorporated into the findings of the project environmental review, and the emergency contingency plan described in Section 9.20.100 and Section 9.20.170, respectively, of this chapter.

(Ord. 1555, Part 5 § 3, 1991)

The application for an off-site hazardous waste facility shall include a preliminary plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions or any sudden or nonsudden release of hazardous waste or constituent products to the air, soil or surface water. Content requirements of the emergency contingency plan are as follows:

A. Actions to be taken by facility employees in response to a fire, explosion or unplanned release of hazardous waste at the facility;

B. Designation of a facility emergency coordinator and identification of the responsibilities of that person in the event of a fire, explosion or unplanned release of hazardous waste at the facility;

C. Arrangements and protocols agreed to by local emergency response officials for various emergency situations;

D. Listing and location of all emergency equipment at the facility, and description of its capabilities.

(Ord. 1555, Part 5 § 4, 1991)

The application for an off-site hazardous waste facility shall include a closure plan which shall identify steps necessary to completely or partially close the facility during its intended life and to completely close the facility at the end of its intended operating life. The closure plan shall provide:

A. For postclosure monitoring to detect and correct leakage from stored materials;

B. Provisions for reclamation and maintenance of the site so that appropriate and ongoing uses may follow the closure process; and

C. A description of financial arrangements to fund the closure and postclosure process.

(Ord. 1555, Part 5 § 5, 1991)

The application for an off-site hazardous waste facility shall also include a monitoring plan to ensure that the facility operates consistent with the requirements of the City of Cupertino, and with the requirements of cooperating agencies with jurisdiction including, but not limited to, the Bay Area Air Quality Management District, the Environmental Protection Agency, the Air Resources Board, the Regional Water Quality Control Board and such other agencies as deemed appropriate by the City. The monitoring plan shall contain at least the following:

A. Provision for inspection of the facility by City officials or designee(s) to ensure that the facility is operating according to permit entitlements;

B. Provision for periodic reporting to the City of the amount, type and disposition of wastes processed at the facility;

C. Summary of data from monitoring logs of pollution detection equipment, and description of remedial actions taken to correct deviations from prescribed standards.

(Ord. 1555, Part 5 § 6, 1991)

The application for an off-site hazardous waste facility shall also include a schedule demonstrating that the proposed facility is consistent with the siting criteria stated in Section 9.20.290 of this chapter.

(Ord. 1555, Part 5 § 7, 1991)

The application for an off-site hazardous waste facility shall also include a list of owners of property of record, as well as residents in nonowner-occupied properties located within one thousand feet of the boundary of the proposed facility, as shown on the latest County equalized assessment rolls, and three sets of mailing labels for each entry on the list, along with the following recipients:

A. Adjacent jurisdictions, including County and school districts;

B. Santa Clara Valley Water District;

C. CALTRANS District IV;

D. County Sheriff, Central Fire Protection District, California Highway Patrol;

E. Private and publicly-owned water, power and sewer utilities;

F. State agencies including Department of Fish and Games, Department of Health Services, OPR, OPA;

G. Homeowner associations within one thousand feet of the project.

(Ord. 1555, Part 5 § 8, 1991)

It is recognized that the diversity of information required to complete an application for an off-site hazardous waste facility will entail input from numerous consultants and specialists. However, the applicant shall be responsible to ensure that the materials submitted to the City are internally consistent and that the findings and recommended mitigating actions are consistent and mutually supportive. The City shall require correction of any inconsistent information identified.

(Ord. 1555, Part 5 § 9, 1991)

A. Pursuant to Section 9.20.090 of this chapter, the City Council shall appoint a seven-member Local Assessment Committee (LAC). Additional members may be appointed to the LAC as deemed appropriate by the City Council.

B. Membership of the LAC shall be broadly constituted to reflect the makeup of the community, and shall include three representatives of the community at large, two representatives of environmental interest groups, and two representatives of affected businesses and industries. LAC members shall have no direct financial interest, defined in California Government Code, Section 87103, in the proposed off-site hazardous waste facility under its review.

(Ord. 1555, Part 6 § l (part), (A), 1991)

Duties and responsibilities of the LAC shall include, but are not necessarily limited to, the following:

A. Negotiate with the applicant for the proposed off-site hazardous waste facility on the detailed provisions of and conditions for project approval which would:

1. Protect the public health, safety and welfare, and would ensure adequate protection of Cupertino’s environmental quality and that of surrounding jurisdictions;

2. Promote the fiscal welfare of the City through special benefits and compensation.

B. In negotiations with the project proponent, represent generally the interests of the residents of the City and those of the adjoining communities.

C. Advise the City Council of the terms, provisions and conditions for project approval which have been agreed upon by the LAC and the applicant, with additional information which the LAC deems appropriate to substantiate its recommendation. The City Council may use the advice of the LAC for its independent consideration of the project.

(Ord. 1555, Part 6 § 1(B), 1991)

The applicant for the proposed off-site hazardous waste facility shall provide funding equal to the costs incurred by the city in staffing the Local Assessment Committee, including the costs of technical assistance grants described in the following subsections:

A. Technical Assistance Grants. If the LAC finds that it requires assistance and independent advice to adequately review a proposed hazardous waste facility proposal, it may request a technical assistance grant from the City to enable the LAC to hire consultant services. These services may include, but are not limited to, evaluation of documents and materials submitted in support of the application, or which are received from other agencies in the course of the review process, and assistance in negotiating with the project proponent on the terms and conditions under which the project may be acceptable to the community.

B. Fees for Technical Assistance Grants. The City shall collect from said proponent a fee equal to the amount of any technical assistance grant provided to the LAC. The city shall maintain records of all expenditures, and return any unused portion of said fee to the proponent upon completion of the LAC’s duties.

(Ord. 1555, Part 6 § 1(C), 1991)

If the LAC and the project proponent cannot resolve disputed matters through the meeting process specified in this chapter, the LAC or project proponent may request OPA to assist in the resolution of the disputed matters, as provided in California Health and Safety Code, Section 25199.4.

(Ord. 1555, Part 6 § 1(D), 1991)

The Local Assessment Committee shall cease to exist after final administrative action has been taken by all State and local agencies on the permit actions for the proposed off-site hazardous waste facility for which the LAC was formed.

(Ord. 1555, Part 6 § 1(E), 1991)

Notification of any hearing required by this chapter shall be given in accordance with the procedural ordinance, Ordinance No. 652, of the City of Cupertino. In instances where the explicit direction of this chapter contradicts the procedural ordinance, Ordinance No. 652, the requirements of this chapter shall take precedence.

(Ord. 1555, Part 6 § 2, 1991)

Any application proposing to locate hazardous waste transfer, treatment, or incineration facilities in the City shall comply with all of the following criteria:

A. Consistency with County Plan. The application must be consistent with the goals and policies of the County hazardous waste management plan.

B. Consistency with Local Plan. The application must be consistent with the City’s general plan.

C. Major Roads. Transfer, treatment or incineration facilities shall be located on a site having access to major paved roads designed and constructed to accommodate heavy vehicles and with good access to highways or freeways. Residential streets or streets in areas housing immobile populations shall not be used as designated routes for the transportation of hazardous wastes.

D. Earthquake Faults. Transfer, treatment or incineration facilities shall not be located within two hundred feet of an active earthquake fault.

E. Cultural Significance. Transfer, treatment or incineration facilities shall not be located in areas having particular cultural, aesthetic, historical or archaeological significance as identified in the City’s general plan, or any regional or State plan.

F. Critical Habitats. Transfer, treatment or incineration facilities shall not be located within critical habitats of endangered species, as defined or designated in the City’s general plan or any regional or State plan.

G. High Priority Protection Area. Transfer, treatment or incineration facilities shall not be located in a high priority protection area as designated by the Santa Clara Valley Water District in “Groundwater Management in Santa Clara Valley” (April, 1987).

H. Dam Failure. Transfer, treatment or incineration facilities should avoid locating in areas which could become inundated due to failure of a dam structure unless designed, constructed, operated and maintained to preclude failure due to such an event.

I. One Hundred-Year Flood. Transfer, treatment or incineration facilities should avoid locating in areas that are subject to inundation in the one hundred-year flood unless designed, constructed, operated and maintained to preclude failure due to such an event.

J. Rapid Geologic Change. Transfer, treatment or incineration facilities should avoid locating in areas of potential rapid geologic change such as ground subsidence or liquefaction.

K. Major Aquifers. Transfer, treatment or incineration facilities should avoid locating in areas that are known to contain highly permeable soils or are in areas known to be principal recharge areas to a major aquifer.

L. Buffer Zone. A minimum buffer zone of one thousand feet is required between a transfer, treatment or incineration facility and the nearest permanent residence or area designated or zoned for residential use, unless it can be demonstrated that a smaller buffer zone will provide adequate protection for the public in the event of an accident.

M. Local Emergency Response Capability. An application proposing to locate a transfer, treatment or incineration facility within the City shall include an analysis of the local emergency response capability, including fire, police, medical and hazardous materials incident response personnel.

N. Risk Assessment. Potential impacts which could occur due to the proximity of transfer, treatment or incineration facilities shall be determined as part of the risk assessment.

O. Air Emissions. Transfer, treatment or incineration facilities must demonstrate that air emissions can be adequately mitigated.

P. Traffic Intensity. Transfer, treatment or incineration facilities must demonstrate compliance with the traffic intensity performance standard (TIPS) if such facilities are proposed for location in the geographic area in which the TIPS is applied. Transfer, treatment or incineration facilities proposed outside the TIPS area shall comply with the extraordinary use policy described in Planning Commission Resolution No. 2996.

(Ord. 1555, Part 6 § 3, 1991)

A. A hazardous waste facility permit shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increase in the quantity of approved wastes shall be allowed beyond those specified in the approved facility permit, unless a separate application is made therefor which shall satisfy the same procedures and contents as those required in an initial application.

B. Any off-site hazardous waste facility permit that is granted shall be used within one year from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of two years; otherwise the permit shall be null and void.

C. Notwithstanding the foregoing, if a permit is required to be used within less than two years, the permittee may, prior to the permit’s expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the City Council and shall be filed with the Planning Director, accompanied by the fees established by the City Council.

D. Within thirty days following the filing of a request for an extension, the Planning Director shall set the matter as an advertised public hearing on the regular agenda of the Planning Commission who shall review the application, make a recommendation thereon, and forward the matter to the City Council.

E. An extension of time may be granted by the City Council upon a determination that valid reason exists for the permittee not using the permit within the required period of time.

F. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of three years, calculated from the effective date of the issuance of the original permit.

G. The term “use” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

(Ord. 1555, Part 6 § 4, 1991)

Violations of any provision of this chapter constitutes a misdemeanor punishable as prescribed in Chapter 1.12 of this code. In addition to the criminal penalties prescribed above, the City Attorney may bring appropriate civil action to enforce the provisions of this chapter or any permit issued pursuant to this chapter. Nothing in this section shall be construed as affecting permit entitlements granted by other jurisdictions, nor shall this section be deemed to confer any rights or remedies upon any person, firm or corporation not a party to the permit or other entitlements granted by the City.

(Ord. 1555, Part 7 § 1, 1991)