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TO: BOARD OF SUPERVISORS f Costa
County
FROM: VAL ALEXLEFF, DIRECTOR,
GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY
HARVEY E. BRAGDON,
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: November 19, 1996
SUBJECT: ACCEPTANCE OF DEVELOPMENT RIGHTS FOR SPECIAL BUFFER AREA,
KELLER CANYON LANDFILL
SPECIFIC REQUEST(S) OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. ACCEPT the offer of the Keller Canyon Landfill Company to dedicate the
development rights of the Special Buffer Area of the Keller Canyon Landfill to the
County of Contra Costa, as specified in the attached offer of Dedication of
Development Rights, and signed by Dennis P. Fenton and Michael A. Caprio, on
behalf of Keller Canyon Landfill Company.
2. DIRECT the Clerk of the Board to file the Dedication of Development Rights with
the County Recorder's Office.
FINANCIAL IMPACT:
The conveyance of development rights of the Keller Canyon Landfill's Special Buffer Area
to the County is not expected to financially impact the County because the subject area
is already restricted to certain open space uses by the terms of the Landfill's Land Use
Permit (LUP 2020-89), and it will continue to be taxed as an integral part of the Landfill
site.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: V
_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON November 19, 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT ----------- I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Val Alexeeff (510)646-1620
cc: Community Development Department(CDD)
County Counsel ATTESTED November 19, 1996
County Administrator(Clerk of the Board) PHIL BATCHELOR, CLERK OF THE
City of Pittsburg (via CDD) BOARD OF SUPERVISORS AND
Keller Canyon Landfill Company(via CDD) COUNTY ADMINISTRA R
Bruen&Gordon (via CDD)
Attachments:
A. Keller Canyon Landfill Map
B. Keller Canyon Landfill Dedication Offer
CAZ:rw
RCZ5:KCLbffer.bo3
n
Board Order
Acceptance of Development Rights for
Special Buffer Area, Keller Canyon Landfill
November 19, 1996
-Page 2-
BACKGROUND/REASON FOR RECOMMENDATION
The Keller Canyon Landfill Company's (KCLC) offer to dedicate the development rights
of the Special Buffer Area to the County complies with Conditions 9.6 (dedication offer)
and 23.2 (range management) of the Land Use Permit. Condition 9.6 requires the Keller
Canyon Landfill Company to make an offer to dedicate the Special Buffer Area to the
County. In compliance with the Land Use Permit, KCLC submitted a dedication offer in the
form of a letter in 1991. The Board did not take action to accept the offer at that time, the
matter was referred to staff. As a procedural matter, law requires an offer of dedication to
be in a certain form for formal acceptance. The dedication offer(Attachment B) now before
the Board is in the form required by law.
The purpose of the dedication of development rights is to provide a higher level of
assurance than can be achieved through regulation (the Land Use Permit); first, the
integrity of the Landfill site will be preserved and, second, that eastern area of the site will
not be considered for waste disposal in the foreseeable future (the area had been
proposed for sanitary landfilling in a previous project). With development rights
dedication, changes of prescribed use in the Special Buffer Area would not only require
reclassifying the area in the County General Plan (currently designated as Landfill),
probably changing its zoning (currently A-3), and changing the terms of the Land Use
Permit, but would also require the express approval of the Board of Supervisors as the
owner of property development rights.
The Special Buffer Area is one of two buffer areas on the Keller Canyon Landfill site
designated by the Land Use Permit; the other consists of open spaces on the Primary
Project Area of the site. The latter open spaces extend from the Landfill's approved waste
disposal area and support facilities outward to the immediately adjoining ridges and hills.
The Primary Project Area also includes the West Buffer Area -- the ridge on the Landfill
property lying west of Bailey Road. These close-in open spaces topographically and
spatially shield the disposal area from off-site views and provide additional aesthetic,
noise, and litter control mitigation. The Special Buffer Area itself lies to the east of the first
ridge enclosing the waste disposal area and extends to the P. G. & E. transmission
corridor and Kirker Pass Road. It too provides spatial separation, but it also
accommodates mitigation programs and installations required by the Land Use Permit.
These include the wetlands replacing those lost to construction and cattle grazing to
maintain agricultural values.
Attachments:
A. Keller Canyon Landfill Map
B. Keller Canyon Landfill Dedication Offer
RCZ5:KCLbffer.bo3
Attachment A
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KELLER CANYON LANDFILL
® Site Boundary Primary Project Area
Keller Canyon Landfill Footprint
® Special Buffer Area
C.C.C.C.D.D.
111
11-13-1996 03:26PM FROM TO 93351299 P.02
When recorded return to: ATTACHMENT B
Keller Canyon Landfill Company
Attn: 11Tchael A. Caprio,District Mgr.
901 Bailey Road
Pittsburg, CA 94565.
DEDICj&TION OF DEVELOPMENT RIGHTS
{
RECITALS
WHEREAS, the Keller Canyon Landfill Company, a California Corporation(KCLC)is
the holder of Contra Costa County Land Use Permit(LUP)No. 2020-89,which authorized the
construction and operation of the Keller Canyon Landfill southwest of the City of Pittsburg in
Contra Costa County, California;and
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WHEREAS, in connection with issuance of LUP 2020-89, the County required that
KCLC offer for dedication to the County certain development rights within a designated"special
buffer area"in accordance with Condition 9.6 and Condition 23.2 of the Conditions of Approval
(COA)for LUP 2020-89; and
WHEREAS,the intent of this dedication of development rights is to preclude commercial,
residential or industrial development by Keller Canyon Landfill Company in the"special buffer
area" lands adjacent to the permitted areas of the landfill site shown on Attachment"A" except as
otherwise provided herein, to preserve the open space character and nature of the special buffer
lands, and to retain those lands under ownership of KCLC as part of LUP 2020-89,
WI ffiREAS,on or about October 23, 1991 KCLC did submit an offer of dedication of
development rights to the County of Contra Costa on KCLC lands within the special buffer area
with express reservations for continued use of the property by KCLC in accordance with the
terms and conditions of LUP 2020-89; and
VVHEREAS, the County has requested that KCLC formally execute the required
dedication in the form prescribed herein to confirm acceptance of the dedication in accordance
with the terms and conditions set forth herein.
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11-13-1996 03:27PIl FROM TO 93351299 P.03
NOW, THEREFORE,KCLC does hereby dedicate the following development rights for
the property described in Attachment"A", to the County of Contra Costa, a body corporate and
politic, as follows:
DEDICATION OF DEVELOPMENT RIGHTS
KCLC does hereby dedicate to the County of Contra Costa, a body corporate and politic,
all rights of commercial, residential or industrial development as are currently authorized, or
.which may be authorized in the future on the lands of KCLC more particularly described on
Attachment"A"hereto, pursuant to the County Ordinance Code of the County of Contra Costa,
subject to KCLC retaining fee simple ownership of the properties for which development rights
have been dedicated and fin ther upon KCLC's express reservation of the following specific rights
with respect to the lands for which development rights have been dedicated as set forth herein:
1. KCLC reserves the rights to: use of the property for the purpose of carrying out
mitigation programs required by the Final Development and Improvements Plan and Conditions of
Approval for LUP 2020-89,as amended, including the Mitigation Monitoring Program, as may
be further detailed in any Final Development and Improvement Plan implementation programs or
otherwise; use of the property for environmental compliance activities, including grading, and to
make installations on said property including, without limitation,wetlands mitigation projects,
landfill site infrastructure, including associated grading, drainage improvements provided that
grading and installations are consistent with the Final Development and Improvements Plan and
the Conditions of Approval for LUP 2020-89; to use of the property for closure and post-closure
uses related to the landfill or the special buffer area, provided that said uses are consistent with
applicable laws and regulations governing closure and post-closure care; and to use the property
in such other and further uses approved for the property by the County of Contra Costa Board of
Supervisors, including storage incidental to landfill operations,livestock grazing, transportation,
recreational and other uses consistent with the General Plan and Zoning for the area, and the
Conditions of Approval for LUP 2020-89, as amended.
2. In making this dedication of development rights,KCLC retains the fee simple
ownership of the property, and all benefits and privileges pursuant thereto under law including,
without limitation, rights to transfer the fee in whole or in part, to create easements and other
authorities for use subject to the requirements and conditions of LUP 2020-89, as amended, or
this dedication,to grant or deterrr,;-e rights of ingress and egress, abutter's rights, rights to
condemnation awards and insuranw proceeds, and rights to authorize or grant approvals,
consents, or any form of approval required under law in connection with the property. Except as
provided herein, nothing herein shall be construed to create a right of development in any other
person or entity.
3. Before any structure or infrastructure may be placed in the buffer area, it shall be
subject to the review and approval of the Director of the Community Development Department.
Page 2 of 3
11-13-1996 03:27PM FROM TO 93351299 P.04
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'- 4. This dedication shall be binding upon, and inure to the benefit of, the heirs,
successors and assigns of the parties. The development rights dedicated herein may not be
assigned by the County except upon the express prior written consent of Keller Canyon Landfill
Company.
Dated: November 12, 1996
Keller Canyon LandflU Company, a California
Corporation
Xy'
i
erinis P—.Fenton, President
Nfichael A. Caprio, Vice Presid6nt
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