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HomeMy WebLinkAboutMINUTES - 01171989 - 2.13 TO: BOARD OF SUPERVISORS +} FROI : Harvey E. Bragdon, Intra Director of Community Development C�IJJIC� DATE'. January 17 , 1989 County SUBJECT: January 10, 1989, Board of Supervisors' Referrals on Solid Waste Disposal Items (January 17, 1989, Agenda Item 2.13) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Accept staff report. FINANCIAL IMPACT r None associated with this staff report. BACKGROUND The topics discussed below were referred to staff by the Board of Supervisors in connection with Items 2. 1 and 2 . 2 of the January 10, 1989, Board agenda. Environmental Impact Report Hearing Body On January 10 , 1989, the Board of Supervisors amended the County' s . CEQA Guidelines to enable the Director of Community Development to assign the hearing of Environmental Impact Reports to parts of the Planning agency other than the advisory body hearing the project. The propriety of enabling EIRs to be assigned was challenged. It is noted that CEQA does not require public hearings on EIRs. Contra Costa County holds EIR hearings as a matter of practice. Significantly, Section 15025 of the State CEQA Guidelines provides: - that EIR processing functions may be delegated to staff . - that the decision-making body of a public agency must review and consider a final EIR, or approve a Negative Declaration, prior to approving a project. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME T ON OF B ARD OMMITTEE APPROVE OTHER SIGNATURE(S): p q ACTION OF BOARD ON O / APPROVED AS RECOMMENDED X OTHER Supervisor Torlakson indicated he was voting no because he felt the Planning Commission rather than the Zoning Administrator is the proper entity for hearing Environmental Impact Reports. The Board acknowledged rece.i'pt of the- schedules- provided by staff (Exhi.bi't A attached) fo landfill general plan amendments and l:andfi'll plans and projects VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _ UNANIMOUS (ABSENT �)/ AND CORRECT COPY OF AN ACTION TAKEN AYES: T, II 4= , NOES .Jf. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: "7Zf ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: all distribution via Community Development ATTESTED PHIL TCHELO , CLERK OF THE BOARD OF SUP VISORS AND COUNTY ADMINISTRATOR i BY ' 382 DEPUTY 7-33 -- — t y 'o 2 . that " . . . an advisory body, such as a planning commission [emphasis added] which is re uired to make a recom- mendation on a project to the decision-making body, shall also! review and consider the EIR or Negative Declaration in draft or final form. I Staff believes that the revised County CEQA Guidelines are con- sistent with the above provisions of the State ' s CEQA Guidelines. Consistent .Terminology Proposed terminology for land holdings and project areas is indicated in the attached figure. Keller-Bailey General. P.lan Amendment Area The extent of the proposed Keller-Bailey General Plan Amendment Area is depicted on the attached figure. It would consist of two primary land use areas: ( 1) a proposed landfill project site of approximately 11557 acres composed of the roughly 544-acre Robert Elworthy property (the location of the Canyon 1 landfill foot- print in the 1985-86 Central Landfill project) and the roughly 1,013-acre portion "Keller Estate" ( Costa) property lying to the east of Bailey Road; and ( 2) a proposed area consisting of the approximately 1, 195-acre Herbert and Jean Elworthy properties (the location of the Canyons 2 and 3 landfill footprints in the 1985-86 Central Landfill project) to be held in open space while the landfill proposed above is in operation. Subsequent to the Board of Supervisors ' meeting of January 10, 1989 , the landfill sponsor transmitted initial information on a proposed revision of the project. Generally, it would use even less of the old Canyon 1 than the sponsor' s November 4 , 1988, proposal, and concentrate the landfill footprint in the adjoining major canyon of the "Keller Estate" property. The revised pro- posal would utilize about 218 acres for landfilling. The sponsor estimates that the landfill would accommodate about 50 million cubic yards ( 30 million tons ) of solid waste. The sponsor is expected to submit a revised Comprehensive Project Description about February 1 , 1989. The description of the open space area of the General Plan Amendment Area has been made more specific as a result of the Board' s direction on January 10th to qualify the amendment to make it clear that it did not provide for the use of Canyons 2 and 3 for landfilling. Regardless, it is expected that the open space area would help accomplish agricultural values retention (grazing capacities retention) mitigation requirements similar to those proposed for the Central Landfill project. The General Plan Amendment would utilize existing information, including the Bailey Road Landfill, Central Landfill, Kirker Pass Waste Management Landfill, and Bay Pointe Sanitary Landfill Com- prehensive Project Descriptions, and the Central Landfill and Kirker Pass Waste Management Landfill Environmental Impact Reports. t 4 3 . --- - -- - -- q PITTSBURG rd C1 va ¢• a t7 m _4L° 0a. . :. = _ _ .. . CONCORD- . . . . . . . . . . . north 0 1 2 3 4 5,000 feet Pass Road 0 1/4 1/2 3/4 1 miles et KELLER-BAILEY AREA LANDS ®� Boundary of Proposed Keller-Bailey General Plan Area Proposed Keller-Bailey -Landfill Site - (-Keller- Canyon Landfill Application) (Robert Elworthy Property, North; Keller Estate Property, South) Y Proposed Keller Canyon Landfill Footprint Herbert and Jean Elworthy Property - (Not Proposed-for . Landfilling in General Plan Amendment) r. �• Proposed Kirker Pass Waste Management Landfi.il Site C.C.C.C.D.D. 1/ 7/89 4 . Solid Waste Commission Role Staff did not show Solid Waste Commission involvement in the County Solid Waste Management Plan activities on the Implementa- tion Schedule presented to the Board of Supervisors on January 10 , 1989, because no substantial amount of time was expected to result from the review of any revisions that would be made to the plan. The effort is essentially the preparation and processing of an Environmental Impact Report for a minimally changed version of the 1988 CoSWMP. (which, in turn, was a minimally changed version of the 1987 CoSWMP) , not the preparation of a new CoSWMP. The aspect of the plan which does have to be revised is the showing of how 8 years of disposal capacity is to be provided. The work now being done on export agreements, for example, will be more- specific now than could have been stated last fall. The Solid Waste Commission will be consulted on these CoSWMP changes. The Solid. Waste Commission will have an opportunity to comment on the Draft EIR as part of the EIR review process. Additionally, staff will keep the Solid Waste Commission informed throughout the proceedings. CAZ/jn 164 :waste.brd LANDFILL GENERAL PLAN AMENDMENTS Landfill General Plan Amendments January 17, 1989 i Prepare initial project descriptions for joint i CoSWMP GPA's EIR January 20, 1989 Complete initial project descriptions i ;('March 1, 1989 Receive complete Comprehensive Project Descriptions from Bay Pointe, Keller-Bailey, and Marsh Canyon landfill projects. ) ((July 25, 1989 Complete drafts of General Plan Amendments, staff reports, and hearing notices. ) .August 1, 1989 Transmit public hearing notices to newspapers. Distribute hearing notices, GPA's and staff reports. (August 14, 1989 Complete drafts of findings. ) August 15, 1989 County Planning Commission hearings on General Plan Amendments. August 16, 1989 County Planning Commission hearings on General Plan Amendments. .August 17, 1989 County Planning Commission hearings on General Plan Amendments. August 18, 1989 Schedule Board of Supervisors hearings. September 12, 1989 County Planning Commission adoption of findings. 'September 19, 1989 Board of Supervisors hearings on General Plan Amendments. September 20, 1989 Board of Supervisors hearings on General Plan Amendments. September 21, 1989 Board of Supervisors hearings on General Plan Amendments. September 26, 1989 Board of supervisors adoption of findings. September 27, 1989 File CEQA Notices of Determination. October 26, 1989 Close of Notices of Determination legal challenge period. m2/jb/landfill .�zhn i K.R1,° R7 n page 1 of 3 LANDFILL PLANS AND PROJECTS PROCESSING SCHEDULE 1989 COUNTY SOLID WASTE MANAGEMENT PLAN Revised County Solid Waste Management Plan January 17, 1989. : . . Start Technical Revisions January 29, 1989. . . . Complete Technical Revisions February 1, 1989. . . . Review Technical Revisions with County Solid Waste Commission. Schedule additional meetings if necessary. August 2, 1989. . . . . . Schedule Board of Supervisors' hearing August 15, 1989. . . . . Board of Supervisors' public hearing on County SWMP. Board of Supervisors' decision on County SWMP. 1989 County SWMP Environmental Impact Report January 17, 1989. . . . Begin Preparation of EIR Notice of Preparation January 23, 1989. . . . Complete EIR NOP, hand-deliver to State Clearinghouse (initiate 30-day comment period, starting 1/24/89) January 24, 1989. . . . Execute consultant contract (Board of Supervisors) February 23, 1989. . . EIR Notice of Preparation comment period ends. (Revise consultant contract, if necessary. ) March 23, 1989. . . . . . Draft EIR summary table due from consultants April 12, 1989. . . . . . Arrange printing April 24, 1989. . . . . . Administrative Draft EIR due from consultant April 30, 1989. . . . . . Complete staff review of administrative Draft EIR May 8, 1989. . . . .. . . . Receive camera-ready circulation Draft EIR from consultant; deliver to printer May 10, 1989. . . . . . . . Deliver publication notice to newspapers May 15, 1989. . . . . . . . Receive DEIR from printer, hand-deliver DEIR and EIR Notice of Completion to State Clearinghouse, distribute DEIR June 21, 1989. . . . . . . Public hearing on DEIR before Zoning Administrator June 30, 1989. .. . . . . Close of DEIR comment period July 14, 1989. .. . . . . Receive Administrative Draft of Final EIR Response Document � �� o page 2 of 3 July 19, 1989. . . . . . . Arrange printing July 20, 1989. . . . . . . Return comments to consultant July 26, 1989. . . . . . . . Receive camera-ready FEIR Response Document from consultant, deliver to printer August 7, 1989. . . . . . Receive FEIR Response Document from printer, distribute document, draft findings, schedule Board of Supervisors hearing. August 7, 1989. . . . . . Zoning Administrator action on FEIR, FEIR and County SWMP transmitted to Board of Supervisors August 15, 1989. . . . . Board of Supervisors public hearing on County SWMP, Board of Supervisors' decision on County SWMP. August 15, 1989. . . . . Board of Supervisors' final certification of FEIR; , .adoption of CEQA findings. August 16, 1989. . . . . File CEQA Notice of Determination, transmit FEIR to cities. September 15, 1989. . Close of NOD legal challenge period (November 14, 1989. . Close of 90-day referral of County SWMP to cities) CZ:cg cd18/procsch.cz I DENY Q page 3 of 3