Del Mar Municipal Code Ch. 11.26 Hazardous Waste Management Plan

This Chapter implements the provisions of Article 3.5 of Chapter 6.5 of Division 20 of the California Health and Safety Code relating to Hazardous Waste Management Plans within the City of Del Mar. This Chapter is further intended to implement the provisions of the San Diego County Hazardous Waste Management Plan within the City of Del Mar. In enacting this Chapter, the City Council is acting pursuant to the provisions of California Health and Safety Code § 251.35.7(c)(3).

Notwithstanding any other provision of this Code, no application for a General Plan Amendment, Zone Change, Tentative Subdivision Map, Tentative Parcel Map, Coastal Use Permit, Use Permit, Site Development Permit, Variance, or any other discretionary permit or approval for the development or use of property shall be approved or conditionally approved unless the approving authority finds that the application as approved or conditionally approved is consistent with the portions of the San Diego County Hazardous Waste Management Plan which identify general areas or siting criteria for hazardous waste facilities.

A. The approving authority may impose any appropriate condition which it determines to be reasonably necessary in order to find that an application subject to Section 11.26.020 is consistent with the portions of the San Diego County Hazardous Waste Management Plan which identify general areas or siting criteria for hazardous waste facilities.

B. The approving authority for any permit or other land use approval, including without limitation building permits, for a hazardous waste facility may impose appropriate conditions to the issuance of such permit or approval, which the approving authority determines are reasonably necessary in order to protect the public health, safety or welfare.

C. Nothing in this Section shall be construed to preclude an approving authority from denying an application, permit or other land use approval for which the approving authority does not make the finding required under Section 11.26.020 which the approving authority finds is contrary to the public health, safety or welfare.

For the purposes of this Chapter, the Approving Authority is any person, commission, or legislative body of the City which is vested with authority under the provisions of this Code to approve, conditionally approve or deny, either originally or on appeal, any building permit, permit for use or development, or land use approval with respect to a hazardous waste facility.