HomeMy WebLinkAboutMINUTES - 07241990 - H.3 TO: BOARD OF SUPERVISORS /• Contra
FROM:. Harvey E. Bragdon - — Costa
Director of Community COU► /
DATE: July 248 1990
SUBJECT: Keller Canyon Landfill Actions
SPECIFIC REOUESTIS)OR RECOMMENDATIONIS)6 BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. The applicant has requested that General Plan Amendment GPA 3-89-CO-II
for the Keller Canyon Landfill be tabled. Staff concurs. Such action
would retain in the County General Plan GPA 3-89-CO, which was
originated by the Board and approved on October 10 and 17, 1989, and
affirmed and ratified by the electorate's approval of Measure C on June
5, 1990.
2. Reaffirm the Board's certification of the Keller Canyon Landfill Final
Environmental Impact Report (EIR) as having been prepared in conformance
with the California Environmental Quality Act, and reaffirm that the
Board has reviewed and considered the EIR and its information before
acting on the items indicated below.
3. Adopt the Keller Canyon Landfill Rezoning Ordinance 90-40 (2834-RZ)
(Exhibit A) , changing the zoning of the Primary Project Area from A-4 to
A-3 .
4. Approve the Keller Canyon Landfill Minor Subdivision MS 15-89 (Exhibit
B) , effective on the date of the rezoning.
5. Adopt Resolution 90/415 (Exhibit C) tentatively canceling the Keller
Canyon Landfill's Williamson Act Land Conservation Contract
(Agricultural Preserve) 6-71 and a portion of Land Conservation Contract
8-69.
6. Approve the Keller Canyon Landfill Land Use Permit LUP 2020-89 , as
identified in the application (Exhibit D) and as modified in the Land
Use Permit Conditions of Approval, dated July 24 , 1990 (Exhibit E) ,
effective on the effective date of the rezoning.
7. Adopt findings, including EIR findings and a mitigation monitoring
program dated July 24, 1990, as required by the California Environmental
Quality Act, and identified in the Keller Canyon Landfill Findings
Document (Exhibit F) .
BACKGROUND
The Board of Supervisors on February 13 , 1990, certified the Keller Canyon
Landfill Final EIR, closed the public hearings to oral testimony on the
project's entitlements, set February 20, 1990, as the final date for
receiving written testimony, and continued the hearings to February 27th, for
decision.. On February 27th, the Board, noting that the previously-adopted .
General Plan Amendment had been placed on the ballot (as Measure C) for the
June 5, 1990, election by a referendum, declared its intent to approve the
project subject to the approval of the General Plan Amendment in the
election.
The electorate on June 5, 1990, upheld the Boardfs October 10 and 17, 1989,
adoption of a Combined General Plan Amendment as it pertained to the Keller
Canyon site. Consequently, the project entitlements have been agendized for
Board decision.
A fuller accounting of the project's processing history is provided Part I of
the Keller Canyon Landfill Findings Document (Exhibit F) .
The entitlements now before the Board are identical with those before the
Board on February 27, 1990, with the following exceptions:
1. The Land Use Permit Conditions of Approval document has been modified to
include several refinements to obtain consistency, where applicable,
with the Marsh Canyon Sanitary 'Landfill Conditions of Approval,
including the special conditions whuch the Board previously added to the
Marsh Canyon Landfill Land Use Permit Conditions of Approval. These
modifications are identified through annotations in the document.
1.
t
2: -Tne '.Keller Canyon Landfill Findings Document has been added.
CONTINUED ON ATTACHMENT: X YES NONATURE:
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_RECOMMENDATION OF COUNTY AD"MSTRATOR _RECOMMENDATIO F! CO MITTEE
_APPROVE OTHER
'SIGNATURE' :
ACTION OF BOARD ON July 24, _1690 APPROVED AS RECOMMENDED OTHER
On July 10, 1990, the Board of Supervisors deferred to this date
the decision on the General Plan Amendment, Williamson Act
cancellation, minor subdivision, rezoning and land use permit for the
Keller Canyon (Keller-Bailey) Landfill and declared its intent to
approve on this date the General Plan Amendment, Williamson Act
cancellation, minor subdivision, rezoning and land use permit for the
Keller Canyon Landfill.
Phil Batchelor, County Administrator, commented on the .previous
Board approval for the entitlements for the Marsh Canyon Landfill and
concerns relative to initiative and legal challenges and state and
regional approvals. He requested approval by the Board of the Keller
Canyon Landfill site entitlement package to allow the County to have
two landfill sites.
Charles Zahn, Community Development Department, presented the
information that had been prepared in response to the Board concerns
raised previously. He also commented on the entitlement package
before the Board for consideration today.
Supervisor Powers commented on the acceptance by the Contra Costa
Water District of $400, 000 for possible exposure to migration of
fluids to the Contra Costa Canal.
Supervisor Torlakson inquired about the hours of operation on
this site as compared with the hours of operation on the Marsh Canyon
Landfill site.
Charles Zahn responded to Supervisor Torlakson' s inquiry.
Chairwoman Fanden clarified that this was a time for decision by
the Board of Supervisors on the above matter and testimony would not
be taken.
Supervisor McPeak commended staff for responding to concerns
raised two weeks ago. She. also presented a handwritten copy of
changes in .the conditions of approval to be discussed today with the
Board item by item.
The Board reviewed the proposed changes.
Supervisor Torlakson commented on issues including concerns that
had been raised by the City of Pittsburg, the location of the landfill
site, clarification of several conditions including the hours of
operation, and he urged the Board to make the hours of operation
co-equal at the Keller Canyon and Marsh Canyon sites.
Supervisor McPeak expressed support for the equal hours of
operation for both sites.
Supervisor Torlakson requested clarification from the City of
Pittsburg on the drainage system through the City of Pittsburg and the
cost of 1.8 million dollars, and he also requested clarification on
the value compensation program issue.
Fred Caploe, 2530 Arnold Drive, Martinez, attorney representing
the City of Pittsburg, responded to Supervisor Torlakson' s request.
Supervisor Torlakson requested the addition of the City of
Clayton to condition 22. 2.
Supervisor McPeak concurred.
2.
Supervisor Torlakson requested clarification on the dimensions
and landscaping of the berm.
Charles Zahn responded to Supervisor Torlakson's question.
Charles Zahn requested clarification on the inclusion of a new
condition 13. 5 at the bottom of page 3 as stated on the memorandum to
the Board dated July 20, 1990.
The Board concurred that the additional conditions on the
memorandum be added, as modified during the hearing.
Supervisor McPeak requested clarification on the final
development plan being submitted, and the height of the toe berm at
the end of Jacklin Drive.
Charles Zahn responded to Supervisor McPeak's concern.
Supervisor Powers expressed reluctant support for approval of
this site.
Supervisor McPeak requested the addition of condition 35. 6 on
Direct Property Acquisition Study.
Supervisor Torlakson expressed support for Supervisor McPeak' s
suggestion.
Supervisor Torlakson moved to deny the matters on the Keller
Canyon site before the Board today.
The motion died for lack of a second.
Supervisor Fanden moved the recommendations as submitted dated
July 24, 1990 with the consensus arrived at following the discussions
by the Board.
IT IS BY THE BOARD ORDERED that recommendations .1,2, 3, 4, 5, 6 ,
and 7 are APPROVED.
VOTE OF SUPERVISORS I hereby certify that this is a true and correct Copy of
an action taken and entered on the minutes of the
Board of Su sore n the date shown.
_UNANIMOUS (ABSENT I ATTESTED:
AYES: I, II f' III , IV Noes : V PHIL B CHEL Clerk of the Board
ABSENT: ABSTAIN: of Supe ore ana linty Administrator
cc: County Assessor By 0 ,Deouty
County Auditor-Controller
County Recorder
Clerk of the Board
County Counsel
Community Development (Orig. Dept.)
Public Works
Treasurer-Tax Collector
Keller Canyon Landfill Company
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