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Municipal Code, Complete - City of Santa Barbara

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1. Enter into a dialogue with the applicant to reach an understanding with the applicant on both <strong>of</strong> the<br />

following:<br />

a. The measures that should be taken by the applicant in connection with the operation <strong>of</strong> the proposed<br />

<strong>of</strong>fsite hazardous waste management facility to protect the public health, safety and welfare and the environment <strong>of</strong><br />

the <strong>City</strong>.<br />

b. The special benefits and remuneration the facility applicant will provide the <strong>City</strong> as compensation<br />

for the local costs associated with the facility.<br />

2. Represent generally, in meetings with the project applicant, the interests <strong>of</strong> the residents <strong>of</strong> the <strong>City</strong> and<br />

the residents <strong>of</strong> adjacent communities.<br />

3. Receive and expend any technical assistance grants made available pursuant to Subsection H <strong>of</strong> this<br />

Section.<br />

4. Adopt rules and procedures which are necessary to perform its duties.<br />

5. Advise the Planning Commission and <strong>City</strong> Council <strong>of</strong> the terms, provisions and conditions for project<br />

approval which have been agreed upon by the Committee and the project applicant, and any other information the<br />

Committee deems appropriate. The Planning Commission and <strong>City</strong> Council may use this advice for their independent<br />

consideration <strong>of</strong> the project.<br />

6. The <strong>City</strong> Council shall assure that staff resources are provided to assist the Local Assessment Committee<br />

in performing its duties.<br />

E. TERM OF THE LOCAL ASSESSMENT COMMITTEE. A Local Assessment Committee established<br />

pursuant to this Section shall cease to exist after final administrative action by state and local agencies has been taken<br />

on the permit applications for the project for which the Committee was convened.<br />

F. NOTIFICATION OF THE OFFICE OF PERMIT ASSISTANCE AND SCHEDULING OF PUBLIC<br />

HEARING. The Community Development Department shall notify the Office <strong>of</strong> Permit Assistance within ten (10)<br />

days after the application for an <strong>of</strong>fsite hazardous waste management facility is accepted as complete by the <strong>City</strong>.<br />

Within sixty (60) days after receiving such notice, the Office <strong>of</strong> Permit Assistance shall convene a meeting <strong>of</strong> the lead<br />

and responsible agencies for the project, the project applicant, the Local Assessment Committee and the interested<br />

public, for the purpose <strong>of</strong> determining the issues which concern the agencies that are required to approve the project<br />

and the issues which concern the public.<br />

G. LOCAL ASSESSMENT COMMITTEE MEET AND CONFER. Following the public hearing required in<br />

Subsection F. <strong>of</strong> this Section, the project applicant and the Local Assessment Committee shall meet and confer on the<br />

<strong>of</strong>fsite hazardous waste management facility proposal for the purpose <strong>of</strong> establishing the terms and conditions under<br />

which the project will be acceptable to the community.<br />

H. TECHNICAL ASSISTANCE GRANTS. If the Local Assessment Committee finds that it requires assistance<br />

and independent advice to adequately review a proposed <strong>of</strong>fsite hazardous waste management facility project, it may<br />

request technical assistance grants from the <strong>City</strong> Council to enable the Committee to hire a consultant.<br />

1. The Committee may use technical assistance grant funds to hire a consultant to do either, or both, <strong>of</strong> the<br />

following:<br />

a. Assist the Committee in reviewing and evaluating the application for the project, the environmental<br />

document prepared for the project and any other documents, materials and information that are required by the <strong>City</strong><br />

and responsible agencies in connection with the application.<br />

b. Advise the Committee in its meetings and discussions with the facility applicant to seek agreement<br />

on the terms and conditions under which the project will be acceptable to the community.<br />

2. The <strong>City</strong> shall require the applicant for the proposed <strong>of</strong>fsite hazardous waste management facility to pay<br />

a fee equal to the amount <strong>of</strong> any technical assistance grant provided the Committee under Paragraph 1 <strong>of</strong> this<br />

Subsection. The funds received as a result <strong>of</strong> the imposition <strong>of</strong> the fee shall be used to make technical assistance<br />

grants exclusively for the purposes described in Paragraph 1 <strong>of</strong> this Subsection.<br />

3. The <strong>City</strong> shall deposit any fee imposed pursuant to Paragraph 2 <strong>of</strong> this Subsection in the <strong>City</strong> treasury,<br />

maintain records <strong>of</strong> all expenditures from the account and return any unused funds and accrued interest to the project<br />

applicant upon completion <strong>of</strong> review <strong>of</strong> the proposed project.<br />

I. FAILURE TO RESOLVE DIFFERENCES. If the Local Assessment Committee and the project applicant<br />

cannot resolve any differences through their meetings, the Office <strong>of</strong> Permit Assistance may assist in this resolution<br />

pursuant to Health and Safety <strong>Code</strong> Section 25199.4.<br />

J. APPEAL OF DECISION OF CITY COUNCIL. A decision <strong>of</strong> the <strong>City</strong> Council to approve or deny an<br />

application for an <strong>of</strong>fsite hazardous waste management facility may be appealed to the Governor <strong>of</strong> the State <strong>of</strong><br />

California or the Governor's designee pursuant to Health and Safety <strong>Code</strong> Sections 25199.9, 25199.10, 25199.11 or<br />

25199.13, as appropriate.<br />

(Ord. 4825, 1993.)<br />

526-4 rev. 9/30/93

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