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))