(A) Purpose
In accordance with Titles 15 and 17 of the Palo Alto Municipal Code, minimize the potential hazards of any use on a development site that will entail the storage, use or handling of hazardous materials (including hazardous wastes) on-site in excess of the exempt quantities prescribed in Health and Safety Code Division 20, Chapter 6.95, and Title 15 of this code.
(B) Requirements
(i) The project shall be designed to comply with all safety, fire and building codes for the storage, use and handling of the hazardous materials involved.
(ii) Any new structure that is designated an “H” occupancy (storage, use and handling of specified types and quantities of hazardous materials), or any existing structure that is converted to an “H” occupancy, as specified by the California Building Code, shall be designed in accordance with the currently adopted California Building Code and Fire Code.
(iii) Where a use or building or area supporting such storage, use and/or handling is located within 150 feet of a sensitive receptor, residential zoning district or parcel with existing residential uses located within nonresidential zones, the business owner shall provide a report to the fire department addressing the adequacy of the emergency contingency plan, which addresses safety of the nearby sensitive receptor or residential zones, including but not limited to, procedures for accidental releases or other emergencies, and other protective measures as required by Health and Safety Code Division 20, Chapter 6.95, upon:
(a) A change in the types of hazardous materials stored, used or handled on the site resulting in quantities above the reporting threshold established in California Health and Safety Code Division 20, Chapter 6.95; or
(b) A 100% or greater increase in the quantities of a previously disclosed hazardous material stored, used or handled on the site at buildings or areas already above the reporting threshold established in California Health and Safety Code Division 20, Chapter 6.95; or
(c) Release/threatened release incidents.
(iv) For any such use or facility outlined in (iii) above, upon application for any building permit for improvements that would result in a change in the types of hazardous materials stored, used or handled on the site or an increase in the quantities of hazardous materials stored, used or handled on the site, the city shall provide written notice to the owners, operators, and occupants of all sensitive receptors and residentially zoned parcels within 150 feet from the property line, not later than ten days after issuance of the building permit. The notice shall inform the sensitive receptor or residentially zoned property owners, operators, and occupants that an application has been received, the nature of the request (such as the type of materials), that the fire department and building department have determined the project to be in compliance with relevant hazardous materials regulations, and that the application and details are on file with the fire department and/or building department.
(v) New Hazardous Materials Tier 1 manufacturing uses and new facilities (buildings or areas) or modifications to existing facilities accommodating such uses shall be permitted subject to compliance with the development standards prescribed for the relevant industrial/manufacturing zoning district and the reporting and noticing requirements identified above in Section 18.23.100(B)(iii).
(vi) New Hazardous Materials Tier 2 manufacturing uses and new facilities (buildings or areas), or modifications to existing facilities accommodating these uses shall be permitted subject to compliance with the development standards prescribed for the relevant industrial/manufacturing zoning district and the reporting and noticing requirements identified above in Section 18.23.100(B)(iii), provided:
(a) Approval by the fire chief of an emergency response plan that specifically addresses toxic and highly toxic hazardous materials that exceed the quantities specified in Section 17.16.025 of the Municipal Code shall be required;
(b) Approval of a conditional use permit shall be required together with notification by the City to owners, operators, and occupants of sensitive receptors or residentially zoned land within 600 feet; and
(c) Notwithstanding the provisions above, in no event shall such use, facility, or improvement be allowed in the MOR zoning district or be allowed closer than 300 feet to a sensitive receptor or residentially zoned land if such facility or improvement is located in a ROLM, ROLM(E), RP, RP(5), or GM district.
(vii) No Hazardous Materials Tier 3 uses shall be permitted in the City of Palo Alto.
(viii) No facility proposing the use of BioSafety Level 4 etiological agents shall be permitted in the city of Palo Alto.
(Ord. 5554 § 25, 2022: Ord. 5381 § 6, 2016: Ord. 4933 § 4 (part), 2007)