16.18.070 Hazardous Materials Storage.
The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous substances comply with all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the city.
A minor conditional use permit is required pursuant to Section 16.52 (Conditional Use Permits) for the storage of hazardous materials in conjunction with an on-site primary use where quantities are in excess of the threshold specified in the uniform building code.
For the purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services.
   A.   Reporting Requirements. All businesses required by state law (Health and Safety Code, Section 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the director at the same time these plans are submitted to the fire department.
   B.   Underground Storage. Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code, Section 6.7; and Section 79.1 13(a) of the uniform fire code). Businesses that use underground storage tanks shall comply with the following notification procedures:
      1.   Notify the fire department of any unauthorized release of hazardous substances immediately and take steps necessary to control the release; and
      2.   Notify the tire department and the 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.
   C.   Aboveground Storage. Aboveground storage tanks for flammable liquids may be allowed subject to the approval of the fire department.
   D.   New Development. Structures subject to the provisions of this development code as well as all newly created parcels shall be designed to accommodate a setback of at least fifty (50) feet from any existing natural gas or petroleum pipeline. This setback may be reduced, only if the director can make one or more of the following findings:
      1.     The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;
      2.   A fifty (50) foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines, or easements; or
      3.   A containment system or other mitigating facility shall be constructed. and the city engineer finds that a leak would accumulate within the reduced setback area. The design of the system shall be subject to the approval of the city engineer.
      For the purpose of this section, a pipeline is defined as follows:
      1.   A pipe with a nominal diameter of six inches or more that is used to transport hazardous liquid, but does not include a pipe used to transport or store hazardous liquid within a refinery, storage, or manufacturing facility; or
      2.    A pipe with a nominal diameter of six inches or more operated at a pressure of more than two hundred seventy-five (275) pounds for each square inch that carries gas.
   E.   Notification Required. A subdivider of a development within five hundred (500) feet of a pipeline shall notify a new/potential owner at the time of purchase and at the close of escrow of the location, size, and type of pipeline.
(Ord. 430-10 § 1, 2010; Ord. 182 § 2 (part), 1997)