Escondido Municipal Code Art. 30 Hazardous Chemical Overlay (h-C-O) Zone

The purpose of the hazardous chemical overlay (H-C-O) zone is to allow for the use of properties within the city for the manufacture and wholesale trade of hazardous drugs, chemical and allied products and for petroleum bulk stations, within a specified district as a principal permitted use.

(Zoning Code, Ch. 106, § 1066.11)

The H-C-O zone shall be used only in combination with the M-1, light industrial zone, and the M-2, general industrial zone.

(Zoning Code, Ch. 106, § 1066.20)

Establishment of the H-C-O zone, in combination with a designated industrial zone, shall be designated on the official zoning map of the city by adding the designation "H-C-O" in parentheses as a suffix to the regular zone designation.

(Zoning Code, Ch. 106, § 1066.30)

The following uses and structures are allowed in any M-1 and M-2 zone designated as an H-C-O, hazardous chemical overlay district:

(a) Chemicals and allied products, except the following:

(1) Perfumes, cosmetics, and other toilet preparations;

(2) Printing ink;

(3) Explosives, including dynamite, nitroglycerin, fuses, etc.;

(4) Battery acid;

(5) Non-agricultural pesticides; and

(6) Fireworks;

(b) Drugs; and

(c) Petroleum bulk stations and terminals.

(Zoning Code, Ch. 106, § 1066.40; Ord. No. 2018-20, § 7, 11-28-18)

The purpose of hazardous materials regulations is to insure that adequate safeguards are implemented prior to the operation of any use or project involving certain hazardous materials or substances which may present a threat to public health and safety.

(Zoning Code, Ch. 106, § 1066.61)

Any existing or proposed use or project involving unstable material, highly toxic material or poisonous gas as defined by the Uniform Building Code, or acutely toxic materials, as defined in Section 25532 of the California Health and Safety Code, shall be disclosed to the fire chief and to the San Diego County Department of Health Services—Hazardous Materials Management Division, prior to the issuance or renewal of a business license, permit or certificate of occupancy.

(Zoning Code, Ch. 106, § 1066.70)

(a) All permits required by law, including, but not limited to, those required by the San Diego County Department of Health Services—Hazardous Materials Management Division, shall be submitted to the fire chief with a description of the project.

(b) After reviewing all required permits and descriptions, the fire chief shall either:

(1) Approve the use applicable to the provisions of the permits issued and Uniform Building and Fire Codes as adopted by the city;

(2) Refer the project and permits to the staff development committee for additional review and conditional approval; or

(3) If it is determined by the fire chief that the use primarily involves research, experimentation, packaging, repackaging, processing or reprocessing the subject hazardous materials, the use or project shall be subject to approval of a conditional use permit by the planning commission.

(Zoning Code, Ch. 106, § 1066.80)

Any decision by the fire chief or staff development committee under the authority of section 33-666 of this article may be appealed to the building advisory appeals board under the provisions of municipal code Chapter 6, Article 2.

(Zoning Code, Ch. 106, § 1066.90)

Hazardous waste treatment and storage facilities can be established either as a separate facility, or serve as one component of a larger integrated complex, subject to the provisions and guidelines of the County of San Diego Hazardous Waste Management Plan (HWMP), as amended and adopted by the City of Escondido (Resolution No. 89-310). The following uses and structures are allowed in select M-2 zones designated as an H-C-O, Hazardous Chemical Overlay District, subject to approval of a conditional use permit (CUP):

(a) Transfer station. A hazardous waste facility where hazardous wastes are loaded, unloaded, pumped or packaged for future transport and storage.

(b) Storage facility. A permitted hazardous waste facility, for temporary storage of hazardous waste, which meets any of the requirements as listed in Appendix A of the Hazardous Waste Management Plan.

(c) Treatment facility. A facility at which hazardous waste is subjected to treatment or where a resource is recovered from a hazardous waste.

(d) Recycling facility. A facility which redirects or utilizes a hazardous waste or substance from a hazardous waste, and includes recovery or resources from a hazardous waste.

(e) Solidification facility. A facility which uses a treatment process for limiting the solubility or detoxification of hazardous wastes by producing blocks of treated waste with high structural integrity.

(f) Stabilization facility. A facility which uses a treatment process for limiting the solubility or detoxification of hazardous wastes by adding materials which ensure that hazardous constituents are maintained in their soluble and/or toxic form.

(g) Incineration facility. A facility which employs a process for reducing the volume or toxicity of hazardous wastes by oxidation at high temperatures.

(Ord. No. 92-22, § 1, 6-10-92)