Hazardous Waste Treatment Facilities
San Diego Municipal Code § 141.1003
in effect§141.1003 Hazardous Waste Treatment Facilities
This section regulates structures, improvements on the land, and all contiguous land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste.
Hazardous waste treatment facilities may be permitted with a Conditional Use Permit decided in accordance with Process Five in the zones indicated with a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.
(a) At least 90 calendar days before applying for a Conditional Use Permit, the applicant shall file a notice of intent to apply for the permit with the City Manager and with the Office of Permit Assistance in the State Office of Planning and Research. The notice of intent shall contain a complete description of the nature, function, and scope of the development.
(b) Within 90 calendar days of the date on which a notice of intent to apply for a Conditional Use Permit is filed, the Office of Permit Assistance will, in cooperation with the City Manager, convene a public meeting in the City of San Diego to inform the public about the nature, function, and scope of the proposed project and the procedures that are required for approving applications for the development.
(c) Within 90 calendar days of the date on which a notice of intent to apply for a Conditional Use Permit is filed, the City Council shall appoint a seven-member local assessment committee. The membership of the local assessment committee shall be broadly constituted to reflect the makeup of the City and shall include three representatives of the City at large, two representatives of environmental or public interest groups, and two representatives of affected businesses and industries. Members of the committee shall have no direct financial interest, as defined in the California Government Code, Section 87103, in the proposed development. The City Council shall provide staff resources to assist the local assessment committee in performing its duties. The local assessment committee shall cease to exist after final administrative action by state and local agencies has been taken on the permit applications. The local assessment committee shall, within the time period prescribed by the City Council, do all of the following:
(1) Adopt rules and procedures that are necessary to perform its duties;
(2) Represent generally the interest of the residents of the City and the interests of adjacent communities in negotiations with the applicant;
(3) Negotiate with the applicant on the detailed terms, provisions, and conditions for project approval that would protect the public health, safety, and general welfare and the environment of the City and adjacent communities, and would promote the fiscal welfare of the City through special benefits and compensation;
(4) Receive and expend, subject to the approval of the City Manager and authorization of the City Council, the technical assistance grants made available by the Office of Permit Assistance in the State Office of Planning and Research to enable the local assessment committee to hire an independent consultant to assist the committee in reviewing the development and negotiating terms, provisions, and conditions with the applicant; and
(5) Advise the City Manager, Planning Commission, and City Council of the terms, provisions, and conditions for approval that have been agreed upon by the committee and the applicant and of any additional information that the committee deems appropriate. The City Manager, Planning Commission, and City Council may use this advice for their independent consideration of the development.
(d) The City Manager will notify the Office of Permit Assistance in the State Office of Planning and Research within 10 business days of the date on which an application for a Conditional Use Permit is deemed complete by the City.
(e) Within 60 calendar days of receipt of this notice, the Office of Permit Assistance in the State Office of Planning and Research will convene a meeting of the lead agency and responsible agencies for the development, the applicant, the local assessment committee, and the interested public, to be held in the City of San Diego, to determine the issues that concern the agencies that are required to approve the project and the issues that concern the public. The City Manager shall provide notice to the public of the date, time, and place of the meeting.
(f) Following the meeting required by Section 141.1003(e), the local assessment committee and the applicant shall meet and confer on the proposal for the purpose of establishing the terms, provisions, and conditions under which the development would be acceptable to the community. If the local assessment committee and the applicant cannot resolve any differences through the meetings, the Office of Permit Assistance in the State Office of Planning and Research may recommend the use of a mediator.
(g) Pursuant to the California Health and Safety Code, Section 25199.7(g), the applicant shall pay a fee, established by the Office of Permit Assistance in the State Office of Planning and Research, equal to the cost of hiring independent consultants to review the development. The Office of Permit Assistance in the State Office of Planning and Research may use this money to make technical assistance grants to the local assessment committee to enable the committee to hire an independent consultant to assist the committee in reviewing the development and negotiating terms, provisions, and conditions with the applicant.
(h) Pursuant to California Health and Safety Code Section 25199.7(h), the applicant shall pay one-half of the costs of any mediation process that may be recommended by the Office of Permit Assistance in the State Office of Planning and Research. The remaining costs will be paid, upon appropriation by the legislature, from the State General Fund.
(i) Within 60 calendar days of the date on which the application is deemed complete, and after a noticed public hearing, the City Council shall, at the request of the applicant, issue an initial written determination on whether the proposed development is consistent with the following documents:
(1) The land use plan and zoning ordinances in effect at the time the application was received; and
(2) The County Hazardous Waste Management Plan authorized by California Health and Safety Code Article 3.5 (commencing with Section 25135), if such plan is in effect at the time of the application.
(j) The City Manager shall send a copy of the written determination, made pursuant to Section 141.1003(i), to the applicant.
(k) The determination required by Section 141.1003(i) does not prohibit the City Council from making a different determination when the final decision to approve or deny the Conditional Use Permit is made, if the final determination is based on information that was not considered at the time the initial determination was made.
(l) The decision of the City Council regarding the approval, conditions of approval, or denial of a Conditional Use Permit is final unless appealed by the applicant or an interested person to the Governor of the State of California, or the Governor’s designee, pursuant to California Health and Safety Code Article 8.7 (commencing with Section 25199) to Chapter 6.5 of Division 20, within 30 calendar days after the date on which the City Council approves or denies the Conditional Use Permit.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Renumbered from Section 141.1002 to Section 141.1003 and amended 12-1-2016 by O-20752 N.S.; effective 12-31-2016.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter14/Ch14Art01Division10.pdf#page=2Fetched: 10/28/2026