Article 19

HAZARDOUS MATERIALS STORAGE

Sections:

• § 38-127. Purpose. § 38-128. Definitions.

• § 38-129. Permit Required. § 38-130. Hazardous Materials Release Response Plans.

• § 38-131. Underground Storage Tanks. § 38-132. Repealed. § 38-133. Appeals.

The following supplemental regulations are intended to ensure that the use, handling, storage and transport of hazardous substances comply with all applicable requirements of the California Health and Safety Code and that the City is notified of emergency response plans, unauthorized releases of hazardous substances, and any substantial changes in facilities or operations that could affect the public health, safety or welfare. It is not the intent of these regulations to impose additional restrictions on the management of hazardous wastes, which would be contrary to state law, but only to require reporting of information to the City that must be provided to other public agencies.

For purposes of this chapter, “hazardous substances” shall include all substances on the comprehensive master list or hazardous substances compiled and maintained by the California Department of Health Services pursuant to Section 25282 of the California Health and Safety Code.

A. The manufacture, storage, handling, or processing of hazardous substances in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code adopted by the City, for any new

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

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commercial, industrial, or institutional use or accessory use, or major addition or alteration to an existing use, may be allowed with a use permit. The use permit findings shall address visibility from the public rights-of-way;

B. Underground storage of bulk flammable and combustible liquids is permitted, subject to provisions of Section 38-131;

C. Hazardous substances in container sizes of 10 gallons or less that are stored or maintained for the purposes of retail or wholesale sales are permitted; and

D. A single container up to 250 gallons for a single-family dwelling located in an area where natural gas is not available is permitted, as set forth in the current California Fire Code, Article 82. (Ord. 3533 § 2, 2015)

All businesses located in the city and required by Article 6.95 of the California Health and Safety Code to prepare hazardous materials release response plans shall submit copies of all such plans, including any corrected plans or revised plans, to the Community Development Director at the same time these plans are submitted to the public agency administering these provisions of the California Health and Safety Code. These submittal requirements shall be a condition of approval of a zoning permit for (1) new development where space may be occupied by such a business, and (2) any alteration or addition to an existing building or structure occupied by a business subject to these provisions of the California Health and Safety Code. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Underground storage of hazardous substances shall comply with all applicable requirements of Article 6.7 of the California Health and Safety Code and Section 79.113(a) of the Uniform Fire Code. Any business located in the city that uses underground storage tanks shall:

A. Notify the Fire Chief of any unauthorized release of hazardous substances within 24 hours after the release has been detected and the steps taken to control the release; and

B. Notify the Fire Chief and the Community Development Director of any proposed abandoning, closing or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

C. These notification requirements shall apply to (1) new development that involves installation of underground tanks, and (2) any alteration or addition to an existing building or structure on a site where underground storage tanks exist. (Ord. 3424 § 1, 2009)

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

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Decisions of the Community Development Director may be appealed by any person, in accord with Article 27 (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)