65960. Notwithstanding any other provision of law, if any person
applies for approval of a geothermal field development project, then
only one permit from the lead agency and one permit from each
responsible agency shall be required for all drilling, construction,
operation, and maintenance activities required during the course of
the productive life of the project, including, but not limited to,
the drilling of makeup wells, redrills, well cleanouts, pipeline
hookups, or any other activity necessary to the continued supply of
geothermal steam to a powerplant. The lead agency and each
responsible agency may approve such permits for less than full field
development if the applicant submits such an application. Such
permits shall include (1) any conditions or stipulations deemed
necessary by the lead or responsible agency, including appropriate
mitigation measures within the statutory jurisdiction of such agency,
and (2) a monitoring program capable of assuring the permittee's
conformance with all such conditions or stipulations. This section
shall not apply to any permit whose issuance is a ministerial act by
the permitting agency.
65961. Notwithstanding any other provision of law, except as
provided in subdivisions (e) and (f), upon approval or conditional
approval of a tentative map for a subdivision of single- or
multiple-family residential units, or upon recordation of a parcel
map for such a subdivision for which no tentative map was required,
during the five-year period following recordation of the final map or
parcel map for the subdivision, a city, county, or city and county
shall not require as a condition to the issuance of any building
permit or equivalent permit for such single- or multiple-family
residential units, conformance with or the performance of any
conditions that the city or county could have lawfully imposed as a
condition to the previously approved tentative or parcel map. Nor
shall a city, county, or city and county withhold or refuse to issue
a building permit or equivalent permit for failure to conform with or
perform any conditions that the city, county, or city and county
could have lawfully imposed as a condition to the previously approved
tentative or parcel map. However, the provisions of this section
shall not prohibit a city, county, or city and county from doing any
of the following:
(a) Imposing conditions or requirements upon the issuance of a
building permit or equivalent permit which could have been lawfully
imposed as a condition to the approval of a tentative or parcel map
if the local agency finds it necessary to impose the condition or
requirement for any of the following reasons:
(1) A failure to do so would place the residents of the
subdivision or of the immediate community, or both, in a condition
perilous to their health or safety, or both.
(2) The condition is required in order to comply with state or
federal law.
(b) Withholding or refusing to issue a building permit or
equivalent permit if the local agency finds it is required to do so
in order to comply with state or federal law.
(c) Assuring compliance with the applicable zoning ordinance.
(d) This section shall also apply to a city or city and county
which incorporates on or after January 1, 1985, and which includes
within its boundaries any areas included in the tentative or parcel
map described in this section.
When the incorporation includes areas included in the tentative or
parcel map described in this section, "a condition that the city
could have lawfully imposed as a condition to the previously approved
tentative or parcel map," as used in this section, refers to
conditions the county could have imposed had there been no
incorporation.
(e) For purposes only of a tentative subdivision map or parcel map
that is extended pursuant to Section 66452.22, the five-year period
described in this section shall be three years.
(f) For purposes only of a tentative subdivision map or parcel map
that is extended pursuant to Section 66452.22, this section does not
prohibit a city, county, or city and county from levying a fee or
imposing a condition that requires the payment of a fee, including an
adopted fee that is not included within an applicable zoning
ordinance, upon the issuance of a building permit, including, but not
limited to, a fee defined in Section 66000.
65962. (a) Notwithstanding any other provision of law, after the
amendments required by Sections 65302.9 and 65860.1 have become
effective, each city and county within the Sacramento-San Joaquin
Valley shall not approve a discretionary permit or other
discretionary entitlement, or a ministerial permit that would result
in the construction of a new residence, for a project that is located
within a flood hazard zone unless the city or county finds, based on
substantial evidence in the record, one of the following:
(1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the project to the urban level of
flood protection in urban and urbanizing areas or the national
Federal Emergency Management Agency standard of flood protection in
nonurbanized areas.
(2) The city or county has imposed conditions on the permit or
discretionary entitlement that will protect the project to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.
(3) The local flood management agency has made adequate progress
on the construction of a flood protection system which will result in
flood protection equal to or greater than the urban level of flood
protection in urban or urbanizing areas or the national Federal
Emergency Management Agency standard of flood protection in
nonurbanized areas for property located within a flood hazard zone,
intended to be protected by the system. For urban and urbanizing
areas protected by project levees, the urban level of flood
protection shall be achieved by 2025.
(b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments and
any associated environmental documents are challenged in court, the
validity of the amendments and any associated environmental documents
has been upheld in a final decision.
(c) This section does not change or diminish existing requirements
of local flood plain management laws, ordinances, resolutions, or
regulations necessary to local agency participation in the national
flood insurance program.
65962.5. (a) The Department of Toxic Substances Control shall
compile and update as appropriate, but at least annually, and shall
submit to the Secretary for Environmental Protection, a list of all
of the following:
(1) All hazardous waste facilities subject to corrective action
pursuant to Section 25187.5 of the Health and Safety Code.
(2) All land designated as hazardous waste property or border zone
property pursuant to Article 11 (commencing with Section 25220) of
Chapter 6.5 of Division 20 of the Health and Safety Code.
(3) All information received by the Department of Toxic Substances
Control pursuant to Section 25242 of the Health and Safety Code on
hazardous waste disposals on public land.
(4) All sites listed pursuant to Section 25356 of the Health and
Safety Code.
(5) All sites included in the Abandoned Site Assessment Program.
(b) The State Department of Health Services shall compile and
update as appropriate, but at least annually, and shall submit to the
Secretary for Environmental Protection, a list of all public
drinking water wells that contain detectable levels of organic
contaminants and that are subject to water analysis pursuant to
Section 116395 of the Health and Safety Code.
(c) The State Water Resources Control Board shall compile and
update as appropriate, but at least annually, and shall submit to the
Secretary for Environmental Protection, a list of all of the
following:
(1) All underground storage tanks for which an unauthorized
release report is filed pursuant to Section 25295 of the Health and
Safety Code.
(2) All solid waste disposal facilities from which there is a
migration of hazardous waste and for which a California regional
water quality control board has notified the Department of Toxic
Substances Control pursuant to subdivision (e) of Section 13273 of
the Water Code.
(3) All cease and desist orders issued after January 1, 1986,
pursuant to Section 13301 of the Water Code, and all cleanup or
abatement orders issued after January 1, 1986, pursuant to Section
13304 of the Water Code, that concern the discharge of wastes that
are hazardous materials.
(d) The local enforcement agency, as designated pursuant to
Section 18051 of Title 14 of the California Code of Regulations,
shall compile as appropriate, but at least annually, and shall submit
to the California Integrated Waste Management Board, a list of all
solid waste disposal facilities from which there is a known migration
of hazardous waste. The California Integrated Waste Management Board
shall compile the local lists into a statewide list, which shall be
submitted to the Secretary for Environmental Protection and shall be
available to any person who requests the information.
(e) The Secretary for Environmental Protection shall consolidate
the information submitted pursuant to this section and distribute it
in a timely fashion to each city and county in which sites on the
lists are located. The secretary shall distribute the information to
any other person upon request. The secretary may charge a reasonable
fee to persons requesting the information, other than cities,
counties, or cities and counties, to cover the cost of developing,
maintaining, and reproducing and distributing the information.
(f) Before a lead agency accepts as complete an application for
any development project which will be used by any person, the
applicant shall consult the lists sent to the appropriate city or
county and shall submit a signed statement to the local agency
indicating whether the project and any alternatives are located on a
site that is included on any of the lists compiled pursuant to this
section and shall specify any list. If the site is included on a
list, and the list is not specified on the statement, the lead agency
shall notify the applicant pursuant to Section 65943. The statement
shall read as follows:
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
The development project and any alternatives proposed in this
application are contained on the lists compiled pursuant to Section
65962.5 of the Government Code. Accordingly, the project applicant is
required to submit a signed statement that contains the following
information:
Name of applicant:
Address:
Phone number:
Address of site (street name and number if available, and ZIP
Code):
Local agency (city/county):
Assessor's book, page, and parcel number:
Specify any list pursuant to Section 65962.5 of the Government
Code:
Regulatory identification number:
Date of list:
____________________________
Applicant, Date
(g) The changes made to this section by the act amending this
section, that takes effect January 1, 1992, apply only to projects
for which applications have not been deemed complete on or before
January 1, 1992, pursuant to Section 65943.
65963.1. Except as otherwise provided in Article 8.7 (commencing
with Section 25199) of Chapter 6.5 of Division 20 of the Health and
Safety Code, this chapter applies to the making of a land use
decision or the issuance of a permit for a hazardous waste facility
project by a public agency, as defined in Section 25199.1 of the
Health and Safety Code, including, but not limited to, all of the
following actions:
(a) The approval of land use permits and conditional use permits,
the granting of variances, the subdivision of property, and the
modification of existing property lines pursuant to this division or
Division 2 (commencing with Section 66410) of Title 7, and, for
purposes of this chapter, "project" includes an activity requiring
any of those actions.
(b) The issuance of hazardous waste facility permits by the State
Department of Health Services pursuant to Chapter 6.5 (commencing
with Section 25100) of Division 20 of the Health and Safety Code.
(c) The issuance of waste discharge requirements by California
regional water quality control boards pursuant to Article 4
(commencing with Section 13260) of Chapter 4 of Division 7 of the
Water Code.
(d) The issuance of authority to construct permits by the district
board of an air pollution control district or an air quality
management district pursuant to Division 26 (commencing with Section
39000) of the Health and Safety Code.
(e) The issuance of solid waste facilities permits by the
enforcement agency pursuant to Article 2 (commencing with Section
66796.30) of Chapter 3 of Title 7.3.
65964. As a condition of approval of an application for a permit
for construction or reconstruction for a development project for a
wireless telecommunications facility, as defined in Section 65850.6,
a city or county shall not do any of the following:
(a) Require an escrow deposit for removal of a wireless
telecommunications facility or any component thereof. However, a
performance bond or other surety or another form of security may be
required, so long as the amount of the bond security is rationally
related to the cost of removal. In establishing the amount of the
security, the city or county shall take into consideration
information provided by the permit applicant regarding the cost of
removal.
(b) Unreasonably limit the duration of any permit for a wireless
telecommunications facility. Limits of less than 10 years are
presumed to be unreasonable absent public safety reasons or
substantial land use reasons. However, cities and counties may
establish a build-out period for a site.
(c) Require that all wireless telecommunications facilities be
limited to sites owned by particular parties within the jurisdiction
of the city or county.
65960. Notwithstanding any other provision of law, if any person
applies for approval of a geothermal field development project, then
only one permit from the lead agency and one permit from each
responsible agency shall be required for all drilling, construction,
operation, and maintenance activities required during the course of
the productive life of the project, including, but not limited to,
the drilling of makeup wells, redrills, well cleanouts, pipeline
hookups, or any other activity necessary to the continued supply of
geothermal steam to a powerplant. The lead agency and each
responsible agency may approve such permits for less than full field
development if the applicant submits such an application. Such
permits shall include (1) any conditions or stipulations deemed
necessary by the lead or responsible agency, including appropriate
mitigation measures within the statutory jurisdiction of such agency,
and (2) a monitoring program capable of assuring the permittee's
conformance with all such conditions or stipulations. This section
shall not apply to any permit whose issuance is a ministerial act by
the permitting agency.
65961. Notwithstanding any other provision of law, except as
provided in subdivisions (e) and (f), upon approval or conditional
approval of a tentative map for a subdivision of single- or
multiple-family residential units, or upon recordation of a parcel
map for such a subdivision for which no tentative map was required,
during the five-year period following recordation of the final map or
parcel map for the subdivision, a city, county, or city and county
shall not require as a condition to the issuance of any building
permit or equivalent permit for such single- or multiple-family
residential units, conformance with or the performance of any
conditions that the city or county could have lawfully imposed as a
condition to the previously approved tentative or parcel map. Nor
shall a city, county, or city and county withhold or refuse to issue
a building permit or equivalent permit for failure to conform with or
perform any conditions that the city, county, or city and county
could have lawfully imposed as a condition to the previously approved
tentative or parcel map. However, the provisions of this section
shall not prohibit a city, county, or city and county from doing any
of the following:
(a) Imposing conditions or requirements upon the issuance of a
building permit or equivalent permit which could have been lawfully
imposed as a condition to the approval of a tentative or parcel map
if the local agency finds it necessary to impose the condition or
requirement for any of the following reasons:
(1) A failure to do so would place the residents of the
subdivision or of the immediate community, or both, in a condition
perilous to their health or safety, or both.
(2) The condition is required in order to comply with state or
federal law.
(b) Withholding or refusing to issue a building permit or
equivalent permit if the local agency finds it is required to do so
in order to comply with state or federal law.
(c) Assuring compliance with the applicable zoning ordinance.
(d) This section shall also apply to a city or city and county
which incorporates on or after January 1, 1985, and which includes
within its boundaries any areas included in the tentative or parcel
map described in this section.
When the incorporation includes areas included in the tentative or
parcel map described in this section, "a condition that the city
could have lawfully imposed as a condition to the previously approved
tentative or parcel map," as used in this section, refers to
conditions the county could have imposed had there been no
incorporation.
(e) For purposes only of a tentative subdivision map or parcel map
that is extended pursuant to Section 66452.22, the five-year period
described in this section shall be three years.
(f) For purposes only of a tentative subdivision map or parcel map
that is extended pursuant to Section 66452.22, this section does not
prohibit a city, county, or city and county from levying a fee or
imposing a condition that requires the payment of a fee, including an
adopted fee that is not included within an applicable zoning
ordinance, upon the issuance of a building permit, including, but not
limited to, a fee defined in Section 66000.
65962. (a) Notwithstanding any other provision of law, after the
amendments required by Sections 65302.9 and 65860.1 have become
effective, each city and county within the Sacramento-San Joaquin
Valley shall not approve a discretionary permit or other
discretionary entitlement, or a ministerial permit that would result
in the construction of a new residence, for a project that is located
within a flood hazard zone unless the city or county finds, based on
substantial evidence in the record, one of the following:
(1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the project to the urban level of
flood protection in urban and urbanizing areas or the national
Federal Emergency Management Agency standard of flood protection in
nonurbanized areas.
(2) The city or county has imposed conditions on the permit or
discretionary entitlement that will protect the project to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.
(3) The local flood management agency has made adequate progress
on the construction of a flood protection system which will result in
flood protection equal to or greater than the urban level of flood
protection in urban or urbanizing areas or the national Federal
Emergency Management Agency standard of flood protection in
nonurbanized areas for property located within a flood hazard zone,
intended to be protected by the system. For urban and urbanizing
areas protected by project levees, the urban level of flood
protection shall be achieved by 2025.
(b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments and
any associated environmental documents are challenged in court, the
validity of the amendments and any associated environmental documents
has been upheld in a final decision.
(c) This section does not change or diminish existing requirements
of local flood plain management laws, ordinances, resolutions, or
regulations necessary to local agency participation in the national
flood insurance program.
65962.5. (a) The Department of Toxic Substances Control shall
compile and update as appropriate, but at least annually, and shall
submit to the Secretary for Environmental Protection, a list of all
of the following:
(1) All hazardous waste facilities subject to corrective action
pursuant to Section 25187.5 of the Health and Safety Code.
(2) All land designated as hazardous waste property or border zone
property pursuant to Article 11 (commencing with Section 25220) of
Chapter 6.5 of Division 20 of the Health and Safety Code.
(3) All information received by the Department of Toxic Substances
Control pursuant to Section 25242 of the Health and Safety Code on
hazardous waste disposals on public land.
(4) All sites listed pursuant to Section 25356 of the Health and
Safety Code.
(5) All sites included in the Abandoned Site Assessment Program.
(b) The State Department of Health Services shall compile and
update as appropriate, but at least annually, and shall submit to the
Secretary for Environmental Protection, a list of all public
drinking water wells that contain detectable levels of organic
contaminants and that are subject to water analysis pursuant to
Section 116395 of the Health and Safety Code.
(c) The State Water Resources Control Board shall compile and
update as appropriate, but at least annually, and shall submit to the
Secretary for Environmental Protection, a list of all of the
following:
(1) All underground storage tanks for which an unauthorized
release report is filed pursuant to Section 25295 of the Health and
Safety Code.
(2) All solid waste disposal facilities from which there is a
migration of hazardous waste and for which a California regional
water quality control board has notified the Department of Toxic
Substances Control pursuant to subdivision (e) of Section 13273 of
the Water Code.
(3) All cease and desist orders issued after January 1, 1986,
pursuant to Section 13301 of the Water Code, and all cleanup or
abatement orders issued after January 1, 1986, pursuant to Section
13304 of the Water Code, that concern the discharge of wastes that
are hazardous materials.
(d) The local enforcement agency, as designated pursuant to
Section 18051 of Title 14 of the California Code of Regulations,
shall compile as appropriate, but at least annually, and shall submit
to the California Integrated Waste Management Board, a list of all
solid waste disposal facilities from which there is a known migration
of hazardous waste. The California Integrated Waste Management Board
shall compile the local lists into a statewide list, which shall be
submitted to the Secretary for Environmental Protection and shall be
available to any person who requests the information.
(e) The Secretary for Environmental Protection shall consolidate
the information submitted pursuant to this section and distribute it
in a timely fashion to each city and county in which sites on the
lists are located. The secretary shall distribute the information to
any other person upon request. The secretary may charge a reasonable
fee to persons requesting the information, other than cities,
counties, or cities and counties, to cover the cost of developing,
maintaining, and reproducing and distributing the information.
(f) Before a lead agency accepts as complete an application for
any development project which will be used by any person, the
applicant shall consult the lists sent to the appropriate city or
county and shall submit a signed statement to the local agency
indicating whether the project and any alternatives are located on a
site that is included on any of the lists compiled pursuant to this
section and shall specify any list. If the site is included on a
list, and the list is not specified on the statement, the lead agency
shall notify the applicant pursuant to Section 65943. The statement
shall read as follows:
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
The development project and any alternatives proposed in this
application are contained on the lists compiled pursuant to Section
65962.5 of the Government Code. Accordingly, the project applicant is
required to submit a signed statement that contains the following
information:
Name of applicant:
Address:
Phone number:
Address of site (street name and number if available, and ZIP
Code):
Local agency (city/county):
Assessor's book, page, and parcel number:
Specify any list pursuant to Section 65962.5 of the Government
Code:
Regulatory identification number:
Date of list:
____________________________
Applicant, Date
(g) The changes made to this section by the act amending this
section, that takes effect January 1, 1992, apply only to projects
for which applications have not been deemed complete on or before
January 1, 1992, pursuant to Section 65943.
65963.1. Except as otherwise provided in Article 8.7 (commencing
with Section 25199) of Chapter 6.5 of Division 20 of the Health and
Safety Code, this chapter applies to the making of a land use
decision or the issuance of a permit for a hazardous waste facility
project by a public agency, as defined in Section 25199.1 of the
Health and Safety Code, including, but not limited to, all of the
following actions:
(a) The approval of land use permits and conditional use permits,
the granting of variances, the subdivision of property, and the
modification of existing property lines pursuant to this division or
Division 2 (commencing with Section 66410) of Title 7, and, for
purposes of this chapter, "project" includes an activity requiring
any of those actions.
(b) The issuance of hazardous waste facility permits by the State
Department of Health Services pursuant to Chapter 6.5 (commencing
with Section 25100) of Division 20 of the Health and Safety Code.
(c) The issuance of waste discharge requirements by California
regional water quality control boards pursuant to Article 4
(commencing with Section 13260) of Chapter 4 of Division 7 of the
Water Code.
(d) The issuance of authority to construct permits by the district
board of an air pollution control district or an air quality
management district pursuant to Division 26 (commencing with Section
39000) of the Health and Safety Code.
(e) The issuance of solid waste facilities permits by the
enforcement agency pursuant to Article 2 (commencing with Section
66796.30) of Chapter 3 of Title 7.3.
65964. As a condition of approval of an application for a permit
for construction or reconstruction for a development project for a
wireless telecommunications facility, as defined in Section 65850.6,
a city or county shall not do any of the following:
(a) Require an escrow deposit for removal of a wireless
telecommunications facility or any component thereof. However, a
performance bond or other surety or another form of security may be
required, so long as the amount of the bond security is rationally
related to the cost of removal. In establishing the amount of the
security, the city or county shall take into consideration
information provided by the permit applicant regarding the cost of
removal.
(b) Unreasonably limit the duration of any permit for a wireless
telecommunications facility. Limits of less than 10 years are
presumed to be unreasonable absent public safety reasons or
substantial land use reasons. However, cities and counties may
establish a build-out period for a site.
(c) Require that all wireless telecommunications facilities be
limited to sites owned by particular parties within the jurisdiction
of the city or county.
65960. Notwithstanding any other provision of law, if any person
applies for approval of a geothermal field development project, then
only one permit from the lead agency and one permit from each
responsible agency shall be required for all drilling, construction,
operation, and maintenance activities required during the course of
the productive life of the project, including, but not limited to,
the drilling of makeup wells, redrills, well cleanouts, pipeline
hookups, or any other activity necessary to the continued supply of
geothermal steam to a powerplant. The lead agency and each
responsible agency may approve such permits for less than full field
development if the applicant submits such an application. Such
permits shall include (1) any conditions or stipulations deemed
necessary by the lead or responsible agency, including appropriate
mitigation measures within the statutory jurisdiction of such agency,
and (2) a monitoring program capable of assuring the permittee's
conformance with all such conditions or stipulations. This section
shall not apply to any permit whose issuance is a ministerial act by
the permitting agency.
65961. Notwithstanding any other provision of law, except as
provided in subdivisions (e) and (f), upon approval or conditional
approval of a tentative map for a subdivision of single- or
multiple-family residential units, or upon recordation of a parcel
map for such a subdivision for which no tentative map was required,
during the five-year period following recordation of the final map or
parcel map for the subdivision, a city, county, or city and county
shall not require as a condition to the issuance of any building
permit or equivalent permit for such single- or multiple-family
residential units, conformance with or the performance of any
conditions that the city or county could have lawfully imposed as a
condition to the previously approved tentative or parcel map. Nor
shall a city, county, or city and county withhold or refuse to issue
a building permit or equivalent permit for failure to conform with or
perform any conditions that the city, county, or city and county
could have lawfully imposed as a condition to the previously approved
tentative or parcel map. However, the provisions of this section
shall not prohibit a city, county, or city and county from doing any
of the following:
(a) Imposing conditions or requirements upon the issuance of a
building permit or equivalent permit which could have been lawfully
imposed as a condition to the approval of a tentative or parcel map
if the local agency finds it necessary to impose the condition or
requirement for any of the following reasons:
(1) A failure to do so would place the residents of the
subdivision or of the immediate community, or both, in a condition
perilous to their health or safety, or both.
(2) The condition is required in order to comply with state or
federal law.
(b) Withholding or refusing to issue a building permit or
equivalent permit if the local agency finds it is required to do so
in order to comply with state or federal law.
(c) Assuring compliance with the applicable zoning ordinance.
(d) This section shall also apply to a city or city and county
which incorporates on or after January 1, 1985, and which includes
within its boundaries any areas included in the tentative or parcel
map described in this section.
When the incorporation includes areas included in the tentative or
parcel map described in this section, "a condition that the city
could have lawfully imposed as a condition to the previously approved
tentative or parcel map," as used in this section, refers to
conditions the county could have imposed had there been no
incorporation.
(e) For purposes only of a tentative subdivision map or parcel map
that is extended pursuant to Section 66452.22, the five-year period
described in this section shall be three years.
(f) For purposes only of a tentative subdivision map or parcel map
that is extended pursuant to Section 66452.22, this section does not
prohibit a city, county, or city and county from levying a fee or
imposing a condition that requires the payment of a fee, including an
adopted fee that is not included within an applicable zoning
ordinance, upon the issuance of a building permit, including, but not
limited to, a fee defined in Section 66000.
65962. (a) Notwithstanding any other provision of law, after the
amendments required by Sections 65302.9 and 65860.1 have become
effective, each city and county within the Sacramento-San Joaquin
Valley shall not approve a discretionary permit or other
discretionary entitlement, or a ministerial permit that would result
in the construction of a new residence, for a project that is located
within a flood hazard zone unless the city or county finds, based on
substantial evidence in the record, one of the following:
(1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the project to the urban level of
flood protection in urban and urbanizing areas or the national
Federal Emergency Management Agency standard of flood protection in
nonurbanized areas.
(2) The city or county has imposed conditions on the permit or
discretionary entitlement that will protect the project to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.
(3) The local flood management agency has made adequate progress
on the construction of a flood protection system which will result in
flood protection equal to or greater than the urban level of flood
protection in urban or urbanizing areas or the national Federal
Emergency Management Agency standard of flood protection in
nonurbanized areas for property located within a flood hazard zone,
intended to be protected by the system. For urban and urbanizing
areas protected by project levees, the urban level of flood
protection shall be achieved by 2025.
(b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments and
any associated environmental documents are challenged in court, the
validity of the amendments and any associated environmental documents
has been upheld in a final decision.
(c) This section does not change or diminish existing requirements
of local flood plain management laws, ordinances, resolutions, or
regulations necessary to local agency participation in the national
flood insurance program.
65962.5. (a) The Department of Toxic Substances Control shall
compile and update as appropriate, but at least annually, and shall
submit to the Secretary for Environmental Protection, a list of all
of the following:
(1) All hazardous waste facilities subject to corrective action
pursuant to Section 25187.5 of the Health and Safety Code.
(2) All land designated as hazardous waste property or border zone
property pursuant to Article 11 (commencing with Section 25220) of
Chapter 6.5 of Division 20 of the Health and Safety Code.
(3) All information received by the Department of Toxic Substances
Control pursuant to Section 25242 of the Health and Safety Code on
hazardous waste disposals on public land.
(4) All sites listed pursuant to Section 25356 of the Health and
Safety Code.
(5) All sites included in the Abandoned Site Assessment Program.
(b) The State Department of Health Services shall compile and
update as appropriate, but at least annually, and shall submit to the
Secretary for Environmental Protection, a list of all public
drinking water wells that contain detectable levels of organic
contaminants and that are subject to water analysis pursuant to
Section 116395 of the Health and Safety Code.
(c) The State Water Resources Control Board shall compile and
update as appropriate, but at least annually, and shall submit to the
Secretary for Environmental Protection, a list of all of the
following:
(1) All underground storage tanks for which an unauthorized
release report is filed pursuant to Section 25295 of the Health and
Safety Code.
(2) All solid waste disposal facilities from which there is a
migration of hazardous waste and for which a California regional
water quality control board has notified the Department of Toxic
Substances Control pursuant to subdivision (e) of Section 13273 of
the Water Code.
(3) All cease and desist orders issued after January 1, 1986,
pursuant to Section 13301 of the Water Code, and all cleanup or
abatement orders issued after January 1, 1986, pursuant to Section
13304 of the Water Code, that concern the discharge of wastes that
are hazardous materials.
(d) The local enforcement agency, as designated pursuant to
Section 18051 of Title 14 of the California Code of Regulations,
shall compile as appropriate, but at least annually, and shall submit
to the California Integrated Waste Management Board, a list of all
solid waste disposal facilities from which there is a known migration
of hazardous waste. The California Integrated Waste Management Board
shall compile the local lists into a statewide list, which shall be
submitted to the Secretary for Environmental Protection and shall be
available to any person who requests the information.
(e) The Secretary for Environmental Protection shall consolidate
the information submitted pursuant to this section and distribute it
in a timely fashion to each city and county in which sites on the
lists are located. The secretary shall distribute the information to
any other person upon request. The secretary may charge a reasonable
fee to persons requesting the information, other than cities,
counties, or cities and counties, to cover the cost of developing,
maintaining, and reproducing and distributing the information.
(f) Before a lead agency accepts as complete an application for
any development project which will be used by any person, the
applicant shall consult the lists sent to the appropriate city or
county and shall submit a signed statement to the local agency
indicating whether the project and any alternatives are located on a
site that is included on any of the lists compiled pursuant to this
section and shall specify any list. If the site is included on a
list, and the list is not specified on the statement, the lead agency
shall notify the applicant pursuant to Section 65943. The statement
shall read as follows:
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
The development project and any alternatives proposed in this
application are contained on the lists compiled pursuant to Section
65962.5 of the Government Code. Accordingly, the project applicant is
required to submit a signed statement that contains the following
information:
Name of applicant:
Address:
Phone number:
Address of site (street name and number if available, and ZIP
Code):
Local agency (city/county):
Assessor's book, page, and parcel number:
Specify any list pursuant to Section 65962.5 of the Government
Code:
Regulatory identification number:
Date of list:
____________________________
Applicant, Date
(g) The changes made to this section by the act amending this
section, that takes effect January 1, 1992, apply only to projects
for which applications have not been deemed complete on or before
January 1, 1992, pursuant to Section 65943.
65963.1. Except as otherwise provided in Article 8.7 (commencing
with Section 25199) of Chapter 6.5 of Division 20 of the Health and
Safety Code, this chapter applies to the making of a land use
decision or the issuance of a permit for a hazardous waste facility
project by a public agency, as defined in Section 25199.1 of the
Health and Safety Code, including, but not limited to, all of the
following actions:
(a) The approval of land use permits and conditional use permits,
the granting of variances, the subdivision of property, and the
modification of existing property lines pursuant to this division or
Division 2 (commencing with Section 66410) of Title 7, and, for
purposes of this chapter, "project" includes an activity requiring
any of those actions.
(b) The issuance of hazardous waste facility permits by the State
Department of Health Services pursuant to Chapter 6.5 (commencing
with Section 25100) of Division 20 of the Health and Safety Code.
(c) The issuance of waste discharge requirements by California
regional water quality control boards pursuant to Article 4
(commencing with Section 13260) of Chapter 4 of Division 7 of the
Water Code.
(d) The issuance of authority to construct permits by the district
board of an air pollution control district or an air quality
management district pursuant to Division 26 (commencing with Section
39000) of the Health and Safety Code.
(e) The issuance of solid waste facilities permits by the
enforcement agency pursuant to Article 2 (commencing with Section
66796.30) of Chapter 3 of Title 7.3.
65964. As a condition of approval of an application for a permit
for construction or reconstruction for a development project for a
wireless telecommunications facility, as defined in Section 65850.6,
a city or county shall not do any of the following:
(a) Require an escrow deposit for removal of a wireless
telecommunications facility or any component thereof. However, a
performance bond or other surety or another form of security may be
required, so long as the amount of the bond security is rationally
related to the cost of removal. In establishing the amount of the
security, the city or county shall take into consideration
information provided by the permit applicant regarding the cost of
removal.
(b) Unreasonably limit the duration of any permit for a wireless
telecommunications facility. Limits of less than 10 years are
presumed to be unreasonable absent public safety reasons or
substantial land use reasons. However, cities and counties may
establish a build-out period for a site.
(c) Require that all wireless telecommunications facilities be
limited to sites owned by particular parties within the jurisdiction
of the city or county.
