The Irvine City Council unanimously approved new disclosure requirements and zoning restrictions for businesses handling toxic chemicals on Tuesday night. This public policy decision was prompted by recent chemical incidents in North Orange County that led to widespread evacuations.
The new regulations follow a May chemical tank emergency in Garden Grove, which emergency officials stated nearly exploded, forcing the evacuation of tens of thousands of residents. Another incident this month in La Habra involved an orange chemical cloud that hung over the city for hours, resulting in a handful of evacuations. While many cities affected by these events have yet to implement new regulations, Irvine leaders directed city staff in June to begin drafting the updated rules.
Under the new rules, any business operating with chemicals that requires a risk management plan (RMP) must notify residents within a quarter-mile radius of their facility. A risk management plan is required for businesses handling “acutely” dangerous chemicals in significant quantities. Previously, only two specific zones within the city required businesses to notify neighbors about the onsite use of chemicals.
For future businesses requiring an RMP, operators will now need to obtain a Conditional Use Permit (CUP) from the city's Planning Commission. This new requirement introduces a discretionary review process, meaning the proposed use could be denied if deemed incompatible with surrounding land uses.
The city staff report highlighted that by requiring a Conditional Use Permit for RMP uses and expanding the public notification radius from 500 feet to one-quarter mile, the zoning text amendment significantly “enhances public transparency.” The report further explained that this change grants the Planning Commission greater authority to evaluate whether a proposed chemical-related use aligns with public health, safety, and welfare, and is compatible with its immediate environment.
City staff identified over 1,100 businesses in Irvine working with chemicals. Of these, only seven were found to meet the criteria requiring a risk management plan due to their handling of acutely dangerous chemicals in substantial quantities. The Council also voted to remove several outdated rules concerning hazardous chemicals and compounds that pre-dated 1997, when the county Health Care Agency and OC Fire Authority assumed responsibility for managing these issues.
Mayor Larry Agran commented on the council's decision during Tuesday’s meeting, stating, “It’s good to see we’re becoming increasingly sophisticated.” He also noted that he felt there remained significant progress to be made to ensure the safety of communities. The requirement for a Conditional Use Permit means that new RMP-requiring facilities will face a public hearing process before the Planning Commission.
