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Couneil;Meeting
June 8, 1982 Santa Monica, California
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T0: Mayor and City Council
FROM: City Staff
SUBJECT: Amendment of Toxic Chemical Disclosure Ordinance
Introduction
This report requests-the City Council to direct the City Attorney to amend
the Toxic Chemical Disclosure Ordinance in the manner discussed below.
Background
The Toxic Chemical Disclosure Ordinance, as adopted on November 3, 1981,
requires any 6usiroess, regardless of type, located in the M-1 or M-2
Industrial District, to file a Toxic Chemical Disclosure Form.
Due to the nature of zoning within the City, many businesses which are
not industrial are located in Industrial Zones. For example, although
zoned M-2, the Santa Monica Business Park includes many businesses which
are not industrial. About 260 disclosure forms were received from businesses
located in the Business Park which-would not have been required to disclose
if the business were located in other than an industrial district. Some
of the business types currently required to disclose because of their
location include:
Attorneys and Court Reporters
Architects, Engineers, Designers
Contractors:
Parking Lot Operators
Barber Shop
Art Galleries
Restaurants
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Council Meeting: June 8, 1482
Santa Monica, California
Many of these businesses feel the Disclosure Ordinance is an unfair burden
on them because they happen to do business in the "wrong" area of town.
Businesses similar to those listed above -- in other parts of the City --
are not required to submit disclosure forms.
Staff suggests that Section 5302 (a)(I) of the Toxic Chemical Disclosure
Ordinance be amended to exclude professional ("white collar") businesses,
offices, retail establishments and other businesses located in the industrial
zone which would not be required to disclose if they were not located in
that zone (.see Attachment I for a listing of business types. which would be
excluded from disclosure under this section).
In addition, staff believes the Toxic Chemical Ordinance should be amended
to state that the toxic chemical forms shall be mailed by the General Services
Department to businesses required to disclose. The new business licenses
renewal notices have been prepared in a special mailer which does not
allow anything else to be sent with the renewal form. This amendment will
allow direct control of records by the General Services Department.
Recommendation
Staff recommends that the City Council direct the City Attorney to amend the
Toxic Chemical Disclosure Ordinance as described above.
Prepared by: Stan Scholl
fiarsha Hafkemeyer
Andrea Hricko
Attachments: Attachment I
Ordinance
Resolution
Toxic Chemical Disclosure Form
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ATTACHMENT I
List of businesses exempted from submission of the Toxic Chemicai Disclosure
Form if located in an Industrial District:
Executive/Administrative Offices
Karate Studios
Security Guard Services
Trailer Parks
Warehouses which store only
non-chemical inventory
Food_Wholesalers
Restaurants/Markets
Museums
Private Investigators
Attorneys
Chiropractors
Firms engaged in Advertising or
Public Relations
Retail Clothing or Textiles
Retail Stores or Sales Outlets
Distributors of Non-Chemical
Products
Repair shops (not including auto
repai rs )
Parking Lats
Insurance Agencies
Trade Associations.
Non-profit Organizations
Banks or Financial Institutions
Research and Development or Marketing
Firms
Consultants
Real Estate Development/Investment/
Sales
Postage Stamp Collectors
Car Rental Firms (unless they supply
gasoline for cars)
Barber Shops
Health Clubs
Art Galleries
Travel Agencies
Physicians
Dentists or Psychiatrists
Children's Toy and Book Inventors
Moving/Storage of Non-hazardous or
Non-chemical Materials
Film/Video. Production/Distribution
Employment/Executive Placements
Nurseries (.unless they do pest
control work)
State or Federal agencies