9.20.290 Criteria for the Siting of Transfer, Treatment or Incineration Facilities.
   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)